Order DNA tests in paternity suits only in exceptional cases: Supreme Court
It held that a DNA test in a paternity suit cannot be ordered by courts in a routine manner but should be directed only in exceptional cases as it would otherwise be an invasion of a person's privacy.
Courts cannot order DNA test in a paternity suit in routine fashion, but only in exceptional cases, the Supreme Court (SC) has ruled. Otherwise, it will be an invasion of privacy.
Sometimes “the result of such scientific test may bastardise an innocent child even though his mother and her spouse were living together during the time of conception”, observed a bench of justices Aftab Alam and RM Lodha on Wednesday.
It set aside an Orissa high court (HC) order, which had upheld the direction of the state women’s commission for a DNA test in a paternity dispute.
“In our view, when there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA test is eminently needed,” the bench observed.
“DNA test in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner whenever such a request is made.”
Quashing the HC order directing Suvashree Nayak’s husband Bhabani Prasad Jena to undergo a DNA test to dispel doubts about the paternity of their child, the bench held that the women’s commission had no power to either impose alimony or order DNA tests. It said the forum had exceeded its jurisdiction.
The commission had passed the direction on Nayak’s application after Jena disputed her claim that he was the father. The two are estranged and locked in a divorce suit. Jena challenged the direction on grounds that the divorce suit was pending and that it was an invasion of his privacy.
Upholding his appeal, the SC bench said: “In a matter where paternity of a child is in issue, the use of DNA is an extremely delicate and sensitive aspect…
“Blood tests cannot show positively that any man is father, but they can show positively that a given man could not be the father.”