Overview
The Indian judiciary has progressively refined the law on Indian Evidence Act 1872 and the newer Bharatiya Sakshya Adhiniyam 2023 to protect children from the stigma of illegitimacy. The burden of proof now lies on the party denying paternity, not on the claimant. Over the years, the Supreme Court has balanced this protection with the need for scientific truth, especially after the landmark K.S. Puttaswamy (2017) decision. Recent judgments (e.g., CP vs AP (2026)) confirm that DNA testing can be ordered only as a last resort.
Key Developments
- 1993 – Goutam Kundu: Court held DNA tests cannot be routine; a strong prima facie case is required.
- 2005 – Shri Banarsi Dass: Re‑affirmed protection of legitimacy over forensic curiosity.
- 2014 – Nandlal Wasudeo Badwaik & Dipanwita Roy: Recognised that reliable scientific proof may override legal fiction and that refusal to test can lead to adverse inference.
- 2017 – K.S. Puttaswamy: Codified the right to privacy as a fundamental right, introducing a three‑fold test of legality, legitimate aim and proportionality.
- 2023 – Aparna Ajinkya Firodia: DNA tests ordered only when necessary and proportionate; alternative evidence preferred.
- 2025 – Ivan Rathinam: Stressed that neither privacy nor knowledge is absolute; stigma and necessity must be balanced.
- 2026 – CP vs AP: Upheld DNA test order after finding that existing records could not resolve paternity, applying the necessity‑proportionality framework.
Important Facts
- The burden of proof rests on the party denying paternity, protecting the child’s legitimacy.
- DNA testing is treated as a scientific tool, not a routine investigative method.
- Courts must first assess whether the case meets the threefold test of legality, legitimate aim and proportionality.
- Compelled disclosure of genetic material is permissible only when paternity is directly in issue and no other evidence can decide the matter.
- Judicial pronouncements consistently stress that privacy, while fundamental, can be curtailed if the test serves the interest of justice and is the only viable means of proof.
Exam Relevance
Understanding the evolution of paternity law illustrates the interplay between constitutional rights (Article 21), statutory reforms (Indian Evidence Act 1872, Bharatiya Sakshya Adhiniyam 2023) and scientific advances (DNA test). The jurisprudence showcases how the Supreme Court balances individual privacy with the state’s duty to deliver justice, a theme frequently asked in GS2 (Polity) and GS4 (Ethics) papers.
Way Forward
Future courts are likely to continue treating DNA testing as an exceptional measure. Legislators may consider codifying clear criteria for compulsory genetic testing to avoid ad‑hoc decisions. For UPSC candidates, it is essential to track how emerging technologies intersect with constitutional safeguards, as this will shape policy debates on privacy, bodily autonomy, and the role of science in law.