NARINDER KUMAR Vs. TEJ RAM AND ORS.

JUDGEMENT

(1.) The petitioner is a minor and by medium of this petition under Article 227 of the Constitution of India has taken exception to the order passed by the learned trial Court whereby it has directed him to undergo Deoxyribonucleic Acid (DNA) test.

(2.) During the pendency of the suit, the plaintiff filed an application under Sec. 45 of the Indian Evidence Act read with Sec. 151 of the Code of Civil Procedure with a prayer that the DNA test of the petitioner be conducted, which application stands allowed by the trial Court. The order has been assailed on the ground that in case the petitioner is compelled to undergo DNA test and the results appear to be positive i.e. the petitioner is not the son of respondent No. 1, then in that event, the petitioner would be declared a "bastard" and it would be difficult for him to stay in the society.

(3.) It has to be remembered that in a matter where paternity of a child is in issue before the Court, the use of DNA test is an extremely delicate and sensitive aspect. One view is that when modern science gives the means of ascertaining the paternity of a child, there should not be any hesitation to use those means whenever the occasion requires. The other view is that the Court must be reluctant in the use of such scientific advances and tools which result in invasion of right to privacy of an individual and may not be prejudicial to the rights of the parties but may have devastating effect on the child. Sometimes, the result of such a scientific test may bastardize an innocent child even though his mother and her spouse were living together during the time of conception. Any order for DNA test can be given by the Court only if a strong prima facie case is made out for such a course.