Report No. 271

Chapter -IV

Constitutional and Legal Aspects of DNA Profiling

4.1 The Constitution under Article 51A(h) and (j) casts a duty on every citizen of India 'to develop the scientific temper, humanism and the spirit of inquiry and reform' and 'to strive towards excellence in all spheres of individual and collective activity'. Parliament is competent to undertake legislations which encourage various technological and scientific methods to detect crimes, speed up investigation and determine standards in institutions for higher education and development in technical institutions (Entry 65 & 66 of the Union List). The other relevant provisions of the Constitution are,

(i) Article 20(3) which guarantees a right against the self-incrimination; and

(ii) Article 21 which guarantees protection of life and liberty of every person.