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What are the options of an employee if ELISA test is conducted my employer without prior consent?
Asked 11 years ago in Civil Law

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2 Answers

prior consent necessary of employee for conducting ELISA test . without his consent it cannot be conducted . . SC held that The test results cannot be admitted in evidence if they have been obtained through the use of compulsion. Article 20(3) protects an individual’s choice between speaking and remaining silent, irrespective of whether the subsequent testimony proves to be inculpatory or exculpatory.

Ajay Sethi
Advocate, Mumbai
97246 Answers
7854 Consultations

ELISA test cannot be conducted without the consent of an employee. Conducting a forcible test on an employee is an offence. The employee who is subjected to ELISA test without his consent can file a case seeking exorbitant monetary damages from the employer.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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