sheria ipo and it has clearly provides so logic does not apply
THE HUMAN DNA REGULATION ACT, 2009
3-"genetic material" includes Human DNA and RNA;
"human DNA" means Deoxyribonucleic acid which is the genetic material present in the nucleus of the cells and mitochondria which is inherited half from each biological parent;
Modes and types of samples to be collected for Human DNA
29.-{I) Samples for Human DNA shall be collected from-
(a) saliva;
(b) hair with root;
(c) urine;
(d) stool;
(e) blood;
(t) skin;
(g) teeth;
(h) bones;
(i) semen;
G) vaginal swab;
(k) objects believed to have stains or remains of any of the above; or
(I) any other objects, human tissue or parts of a human body as
the need may arise.
(2) Without prejudice to the provisions of subsection (I), upon
request by the sampling officer, the requesting authority may authorize
the collection of a sample other than samples stipulated under subsection
(I), if it shall lead to Human DNA identification.
(3) No intimate sample shall be collected if non intimate sample
may easily be obtained.
Compulsory disclosure of genetic information
55. The genetic information of any person shall not be divulged in compliance with an order for compulsory disclosure in civil proceedings, unless the sample source or the sample source's representative is a party to such proceedings and the genetic information is at issue.
Court to hear and determine Disclosure of genetic information
56.-{1) An order made pursuant to section 55 for the disclosure of genetic information shall only be made by the court's determination that a good cause exist.
(2) Before making an order under subsection (1) the court shall satisfy itself that-
(a) no other ways of obtaining the private genetic information are available or may not be effective; and
(b) there is a compelling need for the private genetic information which outweighs the potential harm to the privacy of the sample source.
Limitation of court order
57. An order made pursuant to the provisions of sections 55 and 56 for the disclosure of private genetic information shall-
(a) limit disclosure only to persons whose need for such information is the basis of the order;
(b) limit disclosure to those parts of records containing such information which are essential to fulfill the objective of the order;
(c) require non disclosure of names of people in the collection and analysis of the sample of Human DNA from any documents made available to the public; and
(d) provide protective measures to the sample source by sealing from public scrutiny the record or any part of the record of any proceedings for which disclosure of the information has
been ordered.