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PolityThe Hindu6 June 2026
Supreme Court balances child's right to know paternity and alleged father's right to privacy
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๐ Summary:
- The Supreme Court upheld the use of a DNA test in a long-running paternity dispute, addressing whether an individual's right to privacy overrides the need to determine parentage
- The Court had earlier consistently held that DNA tests should NOT be ordered routinely, but had never conclusively settled WHEN they are permissible
- The ruling attempts to balance two competing rights: the child's right to know paternity and the alleged father's right to privacy (a fundamental right under Article 21, per Puttaswamy, 2017)
- The judgment provides guidance on the threshold for ordering DNA tests, treating them as an exception rather than a routine evidentiary tool
๐ฏ UPSC Relevance: GS2 (Polity/Judiciary) โ judicial interpretation of the right to privacy (Article 21), balancing of fundamental rights, and evidentiary standards; a strong case study on competing rights and judicial reasoning.
๐ Prelims Facts:
- Right to privacy: declared a fundamental right under Article 21 in K.S. Puttaswamy v. Union of India (2017)
- DNA evidence governed by the Indian Evidence/Bharatiya Sakshya framework and Section 112 (presumption of legitimacy) of the Evidence Act
๐ Key Term: Section 112 (Evidence Act) โ presumes a child born during a valid marriage to be legitimate, a presumption rebuttable only by proof of non-access; central to paternity-DNA disputes.
Supreme Courtright to privacyDNA testArticle 21
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