Just truths: On DNA evidence and rights
The article traces the evolution of the Supreme Court's stance on DNA evidence in paternity disputes, balancing the protection of children from the stigma of illegitimacy, the right to privacy (including genetic data), and the pursuit of truth through scientific evidence. It highlights key judgments from Goutam Kundu (1993) to CP vs AP (2026), emphasizing the shift post-K.S. Puttaswamy (2017) where DNA tests are now considered a last resort, subject to a threefold test of legality, legitimate aims, and proportionality. The article notes that the Bharatiya Sakshya Adhiniyam 2023, like its predecessor, places the burden of proof on the party denying paternity.
The article traces the evolution of the Supreme Court's stance on DNA evidence in paternity disputes, balancing the protection of children from the stigma of illegitimacy, the right to privacy (including genetic data), and the pursuit of truth through scientific evidence. It highlights key judgments from Goutam Kundu (1993) to CP vs AP (2026), emphasizing the shift post-K.S. Puttaswamy (2017) where DNA tests are now considered a last resort, subject to a threefold test of legality, legitimate aims, and proportionality. The article notes that the Bharatiya Sakshya Adhiniyam 2023, like its predecessor, places the burden of proof on the party denying paternity.
Exam linkage
GS Paper II - Indian Polity and Governance: Judiciary, Fundamental Rights, Constitutional Law, Recent Judgments and Legal Developments.