Privacy vs. Truth: Supreme Court's Stance on DNA Paternity Tests
The Supreme Court emphasizes caution and privacy in paternity DNA tests, balancing between the child's right to know their biological father and protecting the privacy and dignity of all parties involved. The decision refines when courts can legally order DNA tests while mitigating undue harm and social stigma.
- Country:
- India
The Supreme Court, in a landmark ruling on Tuesday, highlighted the need for caution and privacy when courts permit a DNA test to ascertain a person's paternity. This stance comes amidst a case from Kerala that has lingered for two decades, revolving around a dispute over paternity.
A bench comprising Justices Surya Kant and Ujjal Bhuyan noted that subjecting anyone to a DNA test can lead to an invasion of privacy and inflict harm on their social standing and mental health. They stressed that courts must balance the right to privacy with the legitimate interest of a child knowing their biological father.
The court emphasized that a DNA test should not be ordered unless there is insufficient evidence for paternity and a pronounced need that outweighs potential harm. The ruling also serves as a reminder of the societal stigma attached to such cases and urges careful consideration to avoid casting aspersions on women's fidelity.
(With inputs from agencies.)