DNA Evidence in Paternity Disputes: Balancing Rights and Justice
Indian Polity & Governance
- PYQs8
- Articles1
Background
This concept illustrates the dynamic nature of law, judicial interpretation in response to scientific advancements, and the complex balancing act between competing fundamental rights (privacy, bodily autonomy) and the pursuit of justice, especially in sensitive family matters.
In India, the use of DNA evidence in paternity disputes involves a delicate balance between establishing truth, protecting the legitimacy of children, and upholding fundamental rights like privacy and bodily autonomy. The Supreme Court has evolved its jurisprudence on this, moving from initial caution to a more nuanced approach post-Puttaswamy.
Facts & tables
- Burden of Proof
- The Bharatiya Sakshya Adhiniyam 2023 (and erstwhile Indian Evidence Act 1872) places the burden of proof on the party denying paternity.
- Goutam Kundu (1993) Precedent
- DNA tests cannot be ordered as a matter of routine; a strong prima facie case is required, prioritizing the protection of legitimacy.
- Nandlal Wasudeo Badwaik (2014) Principle
- Reliable scientific proof may prevail over legal fiction in the interest of justice.
- Post-Puttaswamy Era
- DNA tests are ordered only if necessary, proportionate, and when no other evidence can resolve the dispute, respecting privacy and bodily autonomy.
| Type | Reference |
|---|---|
| Conceptual area | Constitutional & Statutory Bodies |
| Conceptual area | Fundamental Rights |
| Conceptual area | Judiciary & Judicial Review |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets laws, sets precedents, upholds rights |
Prelims angle
Prelims angle: Conceptual understanding
Prelims angle: Terminology-based question
- DNA tests in paternity cases: Evolving judicial stance.
- Initial caution (Goutam Kundu) vs. later acceptance (Nandlal Wasudeo Badwaik).
- Puttaswamy (2017) introduced right to privacy constraint (Article 21).
- Threefold test (legality, legitimate aims, proportionality) applied to DNA tests.
- Current position: DNA test as a last resort, balancing truth, rights, and legitimacy.
| Year | Framing tags |
|---|---|
| 2024 | Factual recall, Conceptual understanding |
| 2023 | Factual recall, Conceptual understanding |
| 2023 | Conceptual understanding, Terminology-based question |
| 2021 | Conceptual understanding, Factual recall |
| 2020 | Multi-statement analysis, Conceptual understanding |
| 2019 | Statement-based questions, Conceptual understanding |
| 2018 | Statement-based questions, Conceptual understanding |
| 2018 | Conceptual understanding, Factual recall |
Timeline
-
Constitutional & Statutory Bodies
Conceptual area
-
Fundamental Rights
Conceptual area
-
Judiciary & Judicial Review
Conceptual area
-
Prelims 2018
Statement-based questions, Conceptual understanding
-
Prelims 2018
Conceptual understanding, Factual recall
-
Prelims 2019
Statement-based questions, Conceptual understanding
-
Prelims 2020
Multi-statement analysis, Conceptual understanding
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2023
Factual recall, Conceptual understanding
-
Prelims 2023
Conceptual understanding, Terminology-based question
-
Prelims 2024
Factual recall, Conceptual understanding
-
Just truths: On DNA evidence and rights
Judicial evolution on DNA tests in paternity cases, balancing child legitimacy, privacy (Puttaswamy's threefold test), and the need for scientific truth as a last resort.
See also
Past papers
2018–2024 · 8 questions
In the news
Just truths: On DNA evidence and rights
Judicial evolution on DNA tests in paternity cases, balancing child legitimacy, privacy (Puttaswamy's threefold test), and the need for scientific truth as a last resort.
Try these PYQs
In essence, what does 'Due Process of Law' mean?
* Option (a) is correct: The concept of 'Due Process of Law' primarily means that the procedure through which a person is deprived of life or liberty must be fair, just, and reasonable, following the principles of natural justice. It ensures that laws are not only enacted properly but also applied fairly and reasonably. * Option (b) is not correct: The phrase 'Procedure established by law', used in Article 21 of the Indian Constitution, refers to any procedure laid down by law, even if it is unfair. However, after the Maneka Gandhi v. Union of India (1978) judgment, the Supreme Court read into Article 21 the American concept of ‘Due Process of Law’, ensuring fairness and reasonableness in both substance and procedure. * Option (c) is not entirely correct: While fair application of law is part of due process, the phrase ‘Due Process of Law’ has a broader meaning that encompasses substantive fairness, procedural justice, and conformity with natural justice. Hence, option (a) captures its essence more accurately. * Option (d) is not correct: Equality before law (Article 14) is a distinct constitutional principle and not equivalent to due process.
With reference to the Constitution of India, consider the following statements:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.
Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.
‘Right to privacy’ is protected under which Article of the Constitution of India?
The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.
Show 3 more PYQs
Consider the following statements:
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by Parliament. Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself. Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights. Hence, neither of the statements is correct.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions. Part III of the Constitution covers Fundamental Rights, which include: - Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties. - Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment. Article 14: Ensures equality before the law, but does not explicitly deal with privacy. Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights. Article 24: Prohibits child labor but has no relation to privacy. Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).