SAFEGUARDING THE GENOME: HARMONIZING PRIVACY AND PROGRESS IN INDIA’S STRUGGLE AGAINST GENETIC DISCRIMINATION
AUTHOR – KRISHNACHANDRA NAIR, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI
BEST CITATION – KRISHNACHANDRA NAIR, SAFEGUARDING THE GENOME: HARMONIZING PRIVACY AND PROGRESS IN INDIA’S STRUGGLE AGAINST GENETIC DISCRIMINATION, AND REMEDIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 207-216, APIS – 3920 – 0001 & ISSN – 2583-2344.
This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).
ABSTRACT
Genetic testing opens up amazing chances for spotting diseases early and tailoring healthcare, but it also brings real risks when personal genetic info is misused. Discrimination based on genetic data can lead to missed job opportunities, higher insurance premiums, and social stigma, which threatens individual rights and public trust. This article looks at India’s messy legal framework—rooted in broad constitutional promises of equality and privacy, along with various scattered laws and guidelines—and compares it to more coherent international models like the U.S. Genetic Information Nondiscrimination Act (GINA), HIPAA, and the EU’s GDPR. By doing a critical side-by-side analysis, it highlights key shortcomings in India’s strategy, such as the lack of a specific anti-discrimination law, weak ethical codes, and enforcement issues. In the end, the article suggests a practical reform plan: creating a standalone Genetic Non-Discrimination Act, updating data-protection laws to treat genetic data as extra sensitive, setting up an independent Genetic Data Regulatory Authority, and rolling out focused awareness and training programs. These steps aim to strike a good balance between privacy and progress, ensuring that India can embrace genetic advancements responsibly while respecting individual dignity and fairness.
Keywords: Genetic Discrimination; Privacy Law; India; Employment and Insurance; Legal Reform