Author
Mr Akash
Organisation/Institution
Indian Institute of Technology Kharagpur
Country
INDIA
Panel
Miscellaneous
Title
Harmonizing Regional Law for Genomic Equality: Towards a Cooperative Asian Framework on Genetic Discrimination
Abstract
The emergence of genomic technologies across Asia has intensified legal debates on equality, privacy, and discrimination. Despite constitutional guarantees of dignity and non-discrimination, most Asian jurisdictions lack explicit legal protection against genetic discrimination (GD) or recognition of genetic status as a prohibited ground under equality and privacy law. The result is a fragmented regulatory landscape that leaves individuals vulnerable to exclusion, stigma, and misuse of genetic information. This paper argues that addressing GD requires the harmonisation of Asian legal frameworks through cooperative regional mechanisms. It advances the idea of genomic solidarity - a principle that unites equality, privacy, and dignity within the governance of genetic data - and contends that fragmented domestic approaches can only be effectively strengthened through regional coordination and mutual legal convergence. Drawing on comparative doctrinal analysis, the paper proposes the establishment of an Asian Legal Framework on Genetic Discrimination (ALF-GD), conceptualised as a regional platform for harmonising anti-discrimination and data-protection laws, promoting mutual legal assistance, and supporting institutional capacity-building among member states. By linking the pursuit of equality to the cooperative ethos of regional solidarity, the paper demonstrates how Asia can transform fragmented protections into a coherent legal architecture for genomic justice. It concludes that embedding equality and privacy within genomic governance is essential to achieving sustainable justice and inclusive legal integration across the region. Keywords: genetic discrimination, genomic equality, privacy, solidarity, regional cooperation, Asia, legal harmonisation
Biography
Akash is a Ph.D. Candidate (Thesis Submitted) and Senior Research Fellow (UGC NET-JRF) at the Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur. His doctoral research, “Analysing Discrimination Based on Genetic Information Through the Lens of Constitutional Law: A Comparative Study,” forms the foundation of his expertise at the intersection of constitutional law, comparative law, and emerging bio-legal frameworks. His interdisciplinary work on genetic discrimination, equality, and bioethics has resulted in three SCOPUS-indexed publications in journals such as the International Journal of Legal Information and Lentera Hukum. He has actively contributed to the Asian legal academic community, presenting his research at leading international forums, including the 20th Asian Law Institute (ASLI) Conference (2023) and the Asian Society of International Law (AsianSIL) Intersessional Conference (2024). Prior to his doctoral studies, Akash practised as an advocate for four years before the High Court of Delhi and the Lucknow Bench of the Allahabad High Court. This professional experience continues to inform his scholarship, enabling him to bridge doctrinal research with the practical realities of rights adjudication. He holds an LL.M. in Constitutional Law from National Law University Odisha.
