According to the Rajasthan High Court, a child’s rights to privacy, property, and the assurance that both of his or her parents love him or her are all violated by a DNA paternity test. Therefore, the high court ruled that such a test should only be used in the rarest of situations.
The Rajasthan High Court ruled that only extremely uncommon or extraordinary circumstances would warrant the use of a DNA paternity test. The top court ruled that it is crucial to consider a child’s best interests because these tests violate a number of rights, including the right to privacy, the right to own property, and the right to feel secure and content knowing that both of their parents love them.
“Children’s rights are very crucial for any nation, as the future prospect of any country depends upon the mental and physical health of the children and the same is also enshrined under the Constitution of India as well as various laws laid down by the Supreme court for protecting the rights of the child. Therefore, such rights cannot be permitted to be affected, amongst others, by the matrimonial dispute between the husband and wife, more particularly, for their individual benefits,” the court held.
In its thorough judgement, the high court noted that it was past time for society and the law to recognise the effects divorce proceedings have on children, as the impact of losing or winning a marriage pales in comparison to the loss of losing a childhood at the altar of matrimonial disputes.
The court further said, “While choosing between the sanctity of marriage and the sanctity of childhood, the court has no option but to tilt towards the sanctity of life, i.e. tilting towards the sanctity of childhood. The parties may or may not lose the marriage, but the spirit of justice cannot afford to lose the child/childhood, as no court can shut its eyes, so as only to achieve the goal of justice in matrimonial redressals, while losing the battle of parenthood, being detrimental to childhood.”
Written By- Smrutiman Anantveer Mohanty, College Name- Army Law College, Pune, Semester- Smrutiman Anantveer Mohanty, an intern under Legal Vidhiya
