​Just truths, Pg8

Key Highlights:

• The Indian Evidence Act 1872, now replaced by the Bharatiya Sakshya Adhiniyam 2023, places the burden of proof for denying paternity on the party making the denial.
• The Supreme Court initially held that DNA tests for paternity could not be ordered routinely, prioritizing the protection of a child's legitimacy.
• The landmark K.S. Puttaswamy judgment (2017) established the right to privacy, including genetic data, as a fundamental right under Article 21 of the Constitution.
• Post-Puttaswamy, courts apply a threefold test (legality, legitimate aims, and proportionality) to order DNA tests only as a last resort.
• DNA tests are now ordered only when paternity is directly in issue, no other evidence can resolve the question, and it serves the interest of justice.

Paternity Test.png

Detailed Insights:

• Early judgments like Goutam Kundu (1993) and Shri Banarsi Dass (2005) emphasized that DNA tests should not be routine, safeguarding the legitimacy of children.
• The Court later evolved its stance in cases like Nandlal Wasudeo Badwaik (2014), stating that reliable scientific proof could prevail over legal fiction.
• Dipanwita Roy (2014) further acknowledged that refusing a DNA test could lead to an adverse inference against the refusing party.
• The K.S. Puttaswamy judgment (2017) introduced a critical constraint by recognizing the fundamental right to privacy for genetic data.
• The Aparna Ajinkya Firodia (2023) case applied the threefold test, mandating that DNA tests must be necessary and proportionate.
• Recent judgments like Ivan Rathinam (2025) and CP vs AP (2026) have balanced privacy, stigma, and the necessity of scientific determination.
• The current judicial approach ensures that while scientific evidence is utilized, it respects individual rights and bodily autonomy.

Key Concepts Involved:

• Indian Evidence Act 1872: The erstwhile law governing the admissibility of evidence in Indian courts.
• Bharatiya Sakshya Adhiniyam 2023: The new law that has replaced the Indian Evidence Act 1872, governing evidence in India.
• Right to Privacy: A fundamental right under Article 21 of the Indian Constitution, protecting an individual's personal space and data, including genetic information.
• Threefold test: A judicial standard comprising legality, legitimate aims, and proportionality, used to assess restrictions on fundamental rights.