Kerala High Court takes cognisance of privacy violation when DNA of adopted child born to rape victim is collected to prove rape

The Kerala High Court recently took suo motu cognizance of concerns that the right to privacy of adopted children was being violated due to trial court orders directing the collection of their DNA to prove the offence of rape, where such children are born to rape survivors. .The High Court took up the matter after a report was submitted on this practice by advocate Parvathy Menon, Project Coordinator of the Victim Right Centre (VRC), Kerala State Legal Services Authority (KELSA)..Notably, Justice K Babu stayed six trial court orders in which directions were given to collect the DNA of adopted children who were born to rape survivors in order to facilitate the prosecution's case. .The report had raised concern that such a practice would defeat the purpose of adoption and cause an imbalance in the emotional status of adopted children. It could also lead to undue harassment of families who adopt children, the report pointed out..The report emphasised that an adopted child’s privacy cannot be violated at any point in their growth.“There are instances where blood samples for DNA tests are ordered to be collected from adopted children who have attained an age of reasonable comprehension. In some cases, adopted children would not have divulged the fact of adoption to the children," the report explained.The report further pointed out that in cases where the adopted child would have blended well with the adopted family, a sudden revelation that they were adopted could result in them exhibiting behavioral disorders and aberrations..The exercise of subjecting a child to DNA tests would only defeat the purpose of the divine concept of adoption, especially when law protects the rights of the rape survivor, the report added..The State Woman and Child Department had earlier approached the VRC of KELSA to address the conflict of law in the said issue. The VRC then prepared its report and placed it before the Advocate General, who submitted it before the Kerala High Court..After the report was submitted, Justice Alexander Thomas directed the Registry to initiate a suo motu case and recommended that advocate Parvathy Menon be appointed to assist the Court as amicus curiae. Subsequently, the matter was placed before the Chief Justice and a suo motu case registered and posted before Justice Babu who proceeded to pass the latest order. .The matter will be heard next on July 21.