Does compulsory blood test to determine paternity violate Article 21 of the Indian Constitution?
Karnataka High Court in Nigamma v. Chikkaiah held that to decide the question of paternity of a child, no party can be compelled by the Court to undergo medical examination or blood group test against his will in the absence of any statutory provision for the purpose. No adverse inference can be drawn against him from his refusal to undergo any such test. Otherwise it amounts to violation of his personal liberty guaranteed by Article 21.