Kids not objects to be sent for forensic test: SC on paternity test ruling – Awaz The Voice
New Delhi
The Supreme Courtroom recently Put aside the Telangana Extreme Courtroom order permitting DNA look ating To Search out out the paternity of two youngsters in a matrimonial dispute, holding such a course Can be invasive to the bodily autonomy of A particular person And in addition violate The biggest to privateness.
A bench of Justices Aniruddha Bose and Vikram Nath said: “The trial court as furtherly the revisional court had utterly ignored the said problem and proceeded as if The youngsters have been supplies objects who Might be despatched for forensic evaluation.”
It famous that the substance of the grievance was not associated to paternity of The youngsters of the mcompletely different, who declareed she had been pressured to cohabit and develop a bodily relationship Collectively with her brcompletely different-in-regulation, in a dowry harassment case Collectively with her husband and his brcompletely different.
The woman had lodged a grievance in the direction of her husband and his brcompletely different beneath Parts 498A, 323, and 354 and completely different ancillary provisions of the Indian Penal Code, 1860.
The very biggest court famous that the trial court allowed the woman’s software mechanically, on the premise that the DNA fingerprint look at is permissible beneath the regulation. It said that each the trial and the high court ignored that the paternity of The youngsters was not in question Inside The primeic-persevering withs.
It further added that merely as a Outcome of one factor is permissible beneath the regulation Can’t be directed as a matter Really to be carried out notably when a course to that influence Can be invasive to the bodily autonomy of A particular person.
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