Legitimacy of Child : No DNA testing as matter of routine

Supreme Court Upholds Presumption of Legitimacy, Restricts Routine DNA Testing SC emphasizes the protection of children's legitimacy and privacy rights, disallowing indiscriminate DNA tests.

In a significant judgment, the Supreme Court of India has reinforced the presumption of legitimacy for children born within a valid marriage, emphasizing that DNA testing cannot be ordered as a routine measure. The Court ruled in favor of appellant R. Rajendran, setting aside a previous High Court directive mandating him to undergo DNA testing in a case involving allegations of cheating and harassment by Kamar Nisha.

The apex court, comprising Justices Prashant Kumar Mishra and Vipul M. Pancholi, underscored that the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, remains intact unless compelling and unambiguous evidence of non-access between spouses is presented. It was highlighted that mere allegations or the possibility of extramarital relationships are insufficient to rebut this presumption.

The case stemmed from claims by respondent Kamar Nisha, who alleged that Rajendran was the biological father of her child, born during her marriage to Abdul Latheef. The Court noted that all legal documents, including the child's birth certificate, listed Abdul Latheef as the father, and no evidence was provided to prove otherwise.

Further, the judgment stressed the protection of privacy under Article 21 of the Constitution. The Court cautioned against using DNA testing as a speculative measure without a direct nexus to the alleged offenses, in this case, cheating under Sections 417 and 420 of the IPC. The Supreme Court also criticized the High Court's reliance on Sections 53 and 53A of the Criminal Procedure Code for DNA testing, stating these provisions require a clear connection to the alleged crime, which was absent in this matter.

The decision reinforces the judiciary's role in balancing the need for scientific evidence with individual rights, ensuring that children's legitimacy and individuals' privacy are not compromised without substantial justification.

Statutory provision(s): Indian Evidence Act, 1872 - Section 112, Section 114; Criminal Procedure Code, 1973 - Sections 53, 53A; Constitution of India, 1950 - Article 21.

R. Rajendran v. Kamar Nisha, (SC) : Law Finder Doc Id # 2806127