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No right to DNA test, paternity determined by legitimacy: SC

Hindustan Times Lucknow

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January 29, 2025

The Supreme Court on Tuesday ruled that an individual does not have a legal right to seek a DNA test on another person to prove paternity, underscoring that such an inquiry could lead to a "collateral infringement of privacy" and potentially eviscerate a person's reputation and standing in society.

- Utkarsh Anand

NEW DELHI:

Highlighting that probe into personal matters such as paternity must be handled with the utmost care and circumspection, a bench led by Justice Surya Kant held that the right to dignity and privacy, enshrined under Article 21 of the Constitution, must guide courts when evaluating such requests.

"Forcefully undergoing a DNA test would subject an individual's private life to scrutiny. That scrutiny, particularly when concerning matters of infidelity, can be harsh and can eviscerate a person's reputation and standing in society. It can irreversibly affect a person's social and professional life, along with his mental health," held the bench, also comprising Justice Ujjal Bhuyan.

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