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The High Court held that the constitutional conscience of the Court favours the child’s right to identity over an alleged father’s concern for reputation. Social embarrassment of adults may yield where necessary; the rights of innocent children cannot be sacrificed merely to avoid discomfort.
“The purpose of DNA test in rape case is to facilitate the prosecution to prove its case against the accused and merely because the DNA test has a negative report”.
“Scientific procedures, however advanced, cannot be employed as instruments of speculation; they must be anchored in demonstrable relevance to the charge and justified by compelling investigative need.”
“If an order of the nature is declined that would have the impact of bastardising the minor girl child among the public.”
There is no pending matrimonial dispute between husband and wife that necessitates granting the prayer for DNA testing. Moreover, when the petitioner’s husband is not challenging the identity of wife and children, such a prayer is unwarranted.
Delhi High Court: In a case seeking grant of medical termination of pregnancy by a 16-year-old rape victim (‘petitioner’), Yashwant Varma J.,
Delhi High Court: The Bench of Sunil Gaur, J. upheld the order of the trial court directing DNA testing of the petitioner. DNA