Journal of African Development

The unprecedented convergence of data-driven healthcare, genomic science, and assisted reproductive technologies (ARTs) has fundamentally transformed contemporary healthcare systems while simultaneously generating complex legal and ethical dilemmas concerning privacy, bodily autonomy, informed consent, and informational self-determination. The proliferation of genomic sequencing, artificial intelligence-assisted reproductive interventions, embryo cryopreservation, genetic screening, and commercial fertility services has resulted in the generation of highly sensitive genetic and reproductive data that possess enduring personal, familial, and societal implications. Unlike conventional personal data, genetic information is immutable, predictive, hereditary, and capable of revealing intimate details not only about an individual but also about biologically related persons, thereby challenging conventional legal conceptions of privacy and consent.

In India, although the constitutional recognition of privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India marked a transformative milestone in privacy jurisprudence, the existing statutory framework governing digital personal data, reproductive healthcare, and biomedical research remains fragmented. The enactment of the Digital Personal Data Protection Act, 2023, together with the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, represents significant legislative progress; nevertheless, these enactments do not comprehensively address emerging concerns relating to genomic databases, cross-border reproductive services, artificial intelligence-driven reproductive decision-making, ownership of genetic material, secondary use of reproductive data, commercial exploitation of genomic information, or genetic discrimination.

This research critically examines the evolving legal architecture regulating genetic information and reproductive technologies in India against the backdrop of constitutional guarantees under Articles 14, 19, and 21, international human rights norms, comparative legal developments, and technological innovation. Adopting a doctrinal and analytical methodology, the paper evaluates whether the current legal framework adequately safeguards informational privacy while facilitating scientific advancement and reproductive autonomy. It argues that India's sectoral and fragmented regulatory approach is insufficient to address the multidimensional nature of genetic privacy and reproductive data governance. The paper advocates the establishment of a comprehensive genomic privacy framework founded upon the principles of informed consent, purpose limitation, proportionality, accountability, algorithmic transparency, and robust institutional oversight. It concludes that future legal reforms must reconcile technological innovation with constitutional values by ensuring that individual dignity, bodily integrity, and reproductive autonomy remain central to India's evolving data governance regime..