Genetic discrimination in India: Constitutional challenges and ethical implications

This paper examines the emerging challenge of genetic discrimination (GD) in India, through constitutional, judicial, and ethical perspectives. GD is a critical issue driven by increasing accessibility to genetic testing and insufficient legal safeguards against misuse.

The study adopts a qualitative research design grounded in doctrinal analysis involving the interpretation of legal texts, case law, and principles, to investigate the emerging challenge of GD in India.

The analysis interprets Articles 14 and 15 of India's Constitution as foundational protections against discrimination and bias, despite their lack of explicit mention of genetic grounds. Judicial decisions, including United India Insurance Co v Jai Parkash Tayal (2018), have highlighted inequitable insurance practices based on genetic conditions, prompting a broader constitutional dialogue on equality and non-discrimination. However, existing ethical guidelines from bodies like the Indian Council for Medical Research (ICMR) and the Biotech-PRIDE guidelines of the Department of Biotechnology, alongside data protection laws such as the 2023 Digital Personal Data Protection Act, prove inadequate in comprehensively safeguarding sensitive genetic information.

Robust legislative reforms, enhanced data governance, judicial capacity-building, and public awareness initiatives are necessary to foster a more inclusive legal ecosystem. It underscores the ongoing need for empirical and comparative research to fully comprehend the scope of GD in India and formulate context-sensitive policy responses. Ultimately, harmonising genomic advancements with India's constitutional values is essential to upholding individual dignity and ensuring substantive equality.