Supreme Court Orders DNA Test in Paternity Case, Upholding Child’s Right to Know
NEW DELHI: The Supreme Court has prioritized a child’s right to know about his biological father over an individual’s right to privacy by ordering a man to undergo a DNA test in a paternity suit filed by a 26-year-old who claims to be his son. This decision was made by a bench of Justices Sanjay Karol and N.K. Singh, addressing the complex legal issue of whether the right to privacy should take precedence over a child’s right to establish paternity.
The court found that the balance of interests favored the child, ruling in his favor despite the man’s objections, which were based on his assertion that he did not have a physical relationship with the child’s mother. The court noted the mother’s long-standing legal battles for maintenance and other dues for her son, which had become moot by the time the case reached the Supreme Court, as the son had reached adulthood.
The man, who was previously acquitted of a rape charge filed by the child’s mother, argued that this exemption should clear him of any allegations. However, the court refrained from delving into the nature of their relationship, focusing instead on the youth’s legitimate interest in confirming his paternity.
The 26-year-old stated that without the DNA test, there was no viable method to ascertain his biological father’s identity, especially given the continuous denial from the man. He filed a suit seeking a declaration of paternity and a share in inheritance.
In its decision, the court pointed out that previous findings indicated no established link between the man and the youth, but emphasized that those assessments did not arise from a comprehensive trial. Given that the civil suit specifically addressed the paternity question, the court concluded in favor of the youth and supported the rulings from both the trial court and the Chhattisgarh High Court that mandated the DNA test.
