Forced paternity & DNA profiling: Examining SC ruling

In a recent landmark ruling, the Supreme Court of India has stated that a man remains the legal father of a child born from his wife's extramarital affair, even when DNA evidence indicates otherwise.

- SHIVANSHU KATARE

This pronouncement underscores the judiciary's commitment to preserving the sanctity of marital institutions and the legitimacy of offspring conceived within wedlock. However, this stance engenders a plethora of ethical, psychological, and societal dilemmas that merit rigorous examination.

JUDICIAL PRECEDENTS AND DNA PROFILING

Historically, Indian jurisprudence has grappled with the admissibility and implications of DNA testing in matters of paternity and adultery. In the 2014 case of Dipanwita Roy v. Ronobroto Roy, the Supreme Court acknowledged DNA testing as a "legitimate and scientifically perfect" method to establish infidelity in divorce proceedings. The bench opined that such tests could serve as the most authentic means for a husband to substantiate claims of his wife's unfaithfulness and equally for the wife to refute such allegations. Conversely, in a 2023 ruling, the Supreme Court emphasized the child's right to privacy and cautioned against routine DNA testing in matrimonial disputes. The court asserted that children should not become focal points in parental conflicts and that their legitimacy should not be frivolously questioned.

THE DETRIMENTS OF ENFORCED PATERNITY