New Delhi: The Supreme Court of India has ruled that ordering a DNA test solely based on allegations of adultery violates a person’s right to dignity and privacy. The bench, comprising Justices Surya Kant and Ujjal Bhuyan, emphasized that under Section 112 of the Indian Evidence Act, there is a strong legal presumption that a child born during a valid marriage is legitimate.
The judgment clarifies that a DNA test can only be considered if there is clear evidence proving ‘non-access’ between the married couple at the time of conception.
"The object of this principle is to prevent any unwarranted enquiry into the parentage of a child. Since the presumption is in favor of legitimacy, the burden to prove ‘illegitimacy’ falls on the person making such claims, and this can only be done by proving non-access," the bench stated.
Case Background
The ruling came in response to a plea challenging the Kerala High Court’s 2018 judgment, which upheld a family court's decision allowing a maintenance claim by a 23-year-old man. The man claimed he was born out of his mother’s extramarital relationship in 2001 while she was still married.
The appellant, accused of being the biological father, contested this claim, arguing that the child was legally presumed to be the son of the mother’s husband, as per Section 112 of the Indian Evidence Act. The Supreme Court agreed with the appellant’s argument, ruling that legitimacy and paternity cannot be treated as separate legal concepts in this context.
Distinction Between Paternity and Legitimacy
The judgment noted that while paternity is a biological concept, legitimacy is a legal presumption that is embedded within paternity.
"The advent of scientific testing has made it easier to determine biological parentage. However, Indian courts have sanctioned DNA testing only in limited cases where the presumption of legitimacy is strongly rebutted with evidence of non-access," the court observed.
For the presumption to be overturned, there must be concrete proof that the married couple had no opportunity for marital relations at the time of conception. Mere allegations of an extramarital affair do not suffice.
Read Also - Supreme Court Declares Domicile-Based Reservations in PG Medical Admissions Unconstitutional
Balancing the Right to Privacy and Dignity
The court also stressed the importance of protecting an individual’s right to privacy and dignity. It ruled that being forced to undergo a DNA test without substantial evidence of non-access could irreversibly harm a person’s social and professional life.
"Forcefully undergoing a DNA test can irreversibly affect a person’s social and professional life, along with his mental health. He has the right to refuse such a test to protect his dignity and privacy," the court held.
In the present case, the child, now an adult, voluntarily sought the DNA test. However, the court noted that such a test impacts not just the child but also the mother and the alleged biological father. The stigma surrounding illegitimacy can have lasting repercussions, and the legal presumption of legitimacy serves to protect individuals from such harm.
Read Also - Supreme Court Acquits Man Sentenced to Death for Rape and Murder Due to ‘Gaping Holes’ in Prosecution
Potential Misuse of Paternity Claims
The court also cautioned against the potential misuse of DNA testing in paternity disputes, particularly against women. Allowing unrestricted claims of illegitimacy could lead to vexatious litigation, putting women through unnecessary legal and social hardships.
"The conferment of such a right can lead to its potential misuse against vulnerable women. They would be put to trial in both a court of law and the court of public opinion, causing them significant mental distress," the bench remarked.
The Supreme Court ultimately ruled in favor of the appellant and overturned the Kerala High Court’s judgment. The key takeaways from the ruling are:
- A child born during a valid marriage is presumed to be the husband’s legitimate offspring unless proven otherwise by clear evidence of non-access.
- A DNA test cannot be ordered based on mere allegations of adultery; there must be strong prima facie evidence.
- The right to privacy and dignity must be upheld in such cases, and forced DNA testing can have severe consequences for all parties involved.
- The legal presumption of legitimacy is crucial in protecting individuals from unwarranted scrutiny and stigma.
- Courts must carefully assess whether there is an ‘eminent need’ for a DNA test before granting such a request.
With this ruling, the Supreme Court reinforces the principle that legitimacy and paternity cannot be separated without clear and convincing evidence. This decision is expected to serve as a crucial precedent in future paternity disputes, ensuring that individuals' rights to privacy and dignity are upheld in legal proceedings.
Case Title: Ivan Rathinam versus Milan Joseph
