Can the company I work for take a hair sample to do a drug test without the order of a court or a police warrant?
Does the offer letter contract supersede the Indian Law?
Also if not, I would like to know the section of IPC that prohibits drug test without voluntary consent and without a court order or a police warrant.
Asked in Constitutional Law from Bangalore, Karnataka
No. The company cannot do so. It is violation of human rights under the Constitution. No offer letter or contract can supersede the Indian Law.
There are several Supreme Court judgments that prohibits drug test or narco test on individuals. However, DNA would require permission of the court or investigation by police in any matter; not otherwise.
Even the police, let alone a company, cannot take hair sample of a person against his wish. Indian law is paramount and overrides any contract in violation of the law.
Refusal to give hair sample for any drug test by an employee of the company does not and can not subject him to any action by the company.
There is no specific section of IPC in this regard. In many cases the High Courts have ruled that no person can be subjected to a drug test against his consent.