Islamabad, December 12, 2025 — In a landmark ruling, the Supreme Court of Pakistan has declared that compelling any individual to undergo a DNA test without consent is a direct violation of fundamental rights guaranteed under the Constitution. The apex court held that such intrusive orders infringe upon personal dignity and cannot be made part of judicial proceedings unless explicitly required by law.
The judgment came as the Court set aside directives issued by the Lahore High Court and the Special Judge Anti-Corruption Pakpattan, which had ordered a citizen, Khalid Hameed, to undergo a mandatory DNA test. The Supreme Court ruled that forcing a person to submit to DNA analysis in matters involving paternity disputes, alleged tampering of documents, or other non-related investigations is unconstitutional and unlawful.
According to the written judgment authored by Justice Muhammad Hashim Khan Kakar, DNA testing is an extremely sensitive and private medical procedure. It may only be mandated in exceptional circumstances—specifically in cases involving rape or sexual offences—where the law expressly allows or requires genetic examination. The Court noted that the case in question involved allegations of forgery and corruption, areas where DNA evidence holds no legal relevance.
The verdict emphasized that offences such as forgery must be proven through documentary evidence, records, and witness testimony, not through DNA analysis. Introducing DNA testing into unrelated criminal or civil disputes would open the door to invasive practices and potential misuse.
Justice Kakar stated that Articles 9 and 14 of the Constitution, which protect personal liberty and human dignity, prohibit the state from compelling any citizen to undergo a medical test without consent. The judgment noted that raising unnecessary suspicion about a person’s paternity not only violates privacy but also results in social stigma, emotional distress, and psychological harm to the individual and their family.
The Supreme Court reiterated that the right to dignity is absolute and must be safeguarded at all stages of judicial and investigative processes. Any order undermining this right, the Court maintained, cannot form part of lawful proceedings.
The apex court directed the Special Judge Anti-Corruption Pakpattan to continue the case strictly in accordance with the law and to exclude any requirement for DNA testing, reaffirming that fundamental rights must remain central to Pakistan’s justice system.