What are the options of an employee if ELISA test is conducted my employer without prior consent?
Asked in Civil Law from bangalore, Karnataka
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.
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.