The Kerala High Court has recently taken suo motu cognizance of the concerns regarding the violation of the right to privacy of adopted children in cases where DNA collection was ordered to prove rape offenses.
The court intervened after advocate Parvathy Menon submitted a report highlighting the implications of this practice. Justice K Babu stayed six trial court orders that directed the collection of DNA from adopted children born to rape survivors, stating that the privacy rights of adopted children should not be compromised.
The report expressed concerns that such practices would defeat the purpose of adoption and disrupt the emotional well-being of adopted children. It also pointed out the potential harassment faced by families who adopt children. The report emphasized that an adopted child’s privacy should be protected at all stages of their growth. It highlighted cases where DNA tests were ordered for adopted children who reached an age of reasonable comprehension and may not have disclosed their adoption status. The sudden revelation of their adoption could lead to behavioral disorders and emotional disturbances.
The report stressed that subjecting a child to DNA tests would undermine the sanctity of the adoption process, especially when the law already protects the rights of the rape survivor. The State Woman and Child Department had approached the Victim Right Centre (VRC) of the Kerala State Legal Services Authority (KELSA) to address the conflict in the law. The VRC prepared the report, which was then submitted to the Advocate General and subsequently placed before the Kerala High Court.
After reviewing the report, Justice Alexander Thomas initiated a suo motu case and recommended the appointment of advocate Parvathy Menon as amicus curiae to assist the court. The case was further brought before Justice Babu, who passed the latest order. The matter is scheduled for the next hearing on July 21, allowing the court to delve deeper into the issue and address the concerns surrounding the privacy rights of adopted children in rape cases.
