SC balances child’s right to know paternity, father’s right to privacy, Pg10

Key Highlights:

• The Supreme Court recently upheld the use of a DNA test in a long-running paternity dispute, balancing a child's right to know their parentage with an alleged father's right to privacy.
• Justices Sanjay Karol and N. Kotiswar Singh affirmed a trial court's order for a DNA test, emphasizing the need for closure for the child.
• This ruling navigates the conflict between the fundamental right to privacy (established in Justice K.S. Puttaswamy v. Union of India, 2017) and the necessity of determining paternity.
• The Court clarified that DNA tests should not be ordered routinely but are permissible when essential for resolving the core issue of paternity and when other evidence is insufficient.

Detailed Insights:

• Historically, Section 112 of the Evidence Act, 1872 (now Section 116 of the Bharatiya Sakshya Adhiniyam) presumed legitimacy for children born during a valid marriage, unless non-access could be proven.
• The advent of DNA testing in the 1980s introduced a scientific method to challenge this presumption, leading to a conflict between legal tradition and scientific accuracy.
• In Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (2014), the Supreme Court ruled that scientific advancements like DNA tests must prevail over presumptive legal proofs when there is a conflict.
• The high-profile N.D. Tiwari paternity case in 2014 set a significant precedent, where a veteran politician was compelled to undergo a DNA test, which confirmed his biological fatherhood, despite his privacy claims.
• The current ruling underscores a nuanced approach, where the court seeks to balance competing rights, ensuring that a child's legitimate interest in knowing their biological parent is considered alongside the alleged father's dignity and privacy.
• This decision implies that while privacy is a fundamental right, it is not absolute and can be reasonably restricted when there is an "eminent need" to establish paternity, especially when it directly impacts a child's identity and potential rights.

Key Concepts Involved:

• Right to Privacy: A fundamental right under Article 21 of the Indian Constitution, protecting an individual's personal space and bodily autonomy.
• Paternity Dispute: A legal case to determine the biological father of a child, often involving questions of legitimacy, inheritance, and identity.
• DNA Test: A scientific method used to establish biological relationships, including paternity, with high accuracy.
• Section 112 of the Evidence Act, 1872 (now Section 116 of Bharatiya Sakshya Adhiniyam): A legal provision establishing a conclusive presumption of legitimacy for a child born during a valid marriage, rebuttable only by proof of non-access.