Context:
The Supreme Court upheld the use of a DNA test in a long-running paternity dispute while recognising the need to balance a child’s right to know paternity with the alleged father’s right to privacy. The judgment reiterates that DNA tests should not be ordered routinely but may be allowed where necessary for justice.
Explanation:
- DNA test is a scientific method used to establish biological relationships, including paternity.
- Paternity disputes involve questions about whether a person is the biological father of a child.
- Section 112 of the Indian Evidence Act, 1872 creates a presumption of legitimacy for a child born during a valid marriage.
- This presumption can be challenged by proving non-access between spouses during the relevant period.
- The right to privacy was recognised as a fundamental right under Article 21 in the K.S. Puttaswamy case, 2017.
- Compulsory DNA testing affects bodily autonomy, privacy and dignity, Hence may violate Article 21, especially when conducted without consent.
- Courts generally avoid routine DNA tests to prevent misuse and social stigma.
- However, scientific evidence may be permitted when it is essential to determine truth, protect child rights and serve justice.
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2026 preparation.
FOLLOW US ON:
◉ YouTube : https://www.youtube.com/@CivilsPrepTeam
◉ Facebook: https://www.facebook.com/LaExcellenceIAS
◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040
DNA Privacy Rights and Paternity Evidence in Law