Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
As sentinels on the
qui vive, Courts are duty bound to protect citizens against
State compulsion, whether in the context of forcibly
undergoing narco-analysis/lie detectors tests or forcibly
undergoing sterilization. Compulsion can be used in limited
circumstances such as punishment for law-breaking, compulsion
in the aid of law enforcement, and compulsion to prevent
potential law-breaking. These include fines, imprisonment,
fingerprint collection for criminals and prisoners. Even in medical
jurisprudence, the case of Common Cause v. Union of India83
elaborates on the concepts of dignity, bodily integrity and
decisional autonomy. For DNA tests and blood tests to be
conducted a high standard of evidence is required.