Hon’ble Kerala High Court in pursuit of its action, it took up a Suo Moto case based on the report of the Project Co-ordinator, Victims Rights Centre, the Kerala State Legal Services Authority. The Report pointed out the glaring conflict in invading the Privacy of the Adopted Children.
In various Lower Courts in Kerala, orders were issued for the DNA Test of the children born to Rape victims as required in proceedings by the prosecution side. It was provided in the Report that such orders goes inconsistent with the Regulation 48 of the Adoption Regulations 2022, which was subsequently issued in effect of Section 68 of Juvenile Justice (Care and Protection) Act, 2015.
The Report submitted on the adverse effect on Adopted Children born to Rape victims and their Adopted Family when such orders for tracing DNA by Medical Tests for strengthening the case is bought for implication. Kerala High Court on analysing various precedents of the Supreme Court concluded its decision by directing few guidelines.
It was observed that, ‘Where blood samples are ordered to be collected for DNA Tests from Adopted Children after there were given to adoption, it may imbalance their emotional status, which will only defeat the divine concept of Adoption’
It was also given that, ‘Whenever there is a conflict between Right to Privacy of a person not to submit himself forcefully for medical examination and the Duty of the Court to reach the truth, the Court must exercise its discretion only after balancing the interest of the parties and due consideration whether for a just decision in the matter, DNA Test is essential needed’.
Justice K Babu quoting above statements, issued following guidelines:
- The Courts shall not entertain applications seeking DNA examination of Children given in Adoption.
- The Child Welfare Committee shall see that the DNA samples of children given in Adoption are taken before the completion of the process of Adoption.
- All agencies or authorities involved in the adoption process shall ensure that the confidentiality of adoption records is maintained except as permitted under any other law for the time being in force.
- Even in cases where the children were not given in Adoption the Court shall consider the request for a DNA Test of the children of the victim only after assessing the principle of ‘eminent need’ and doctrine of proportionality.
Reference : Suo Moto v. State of Kerala, CRL.MC.No. 5136 of 2023
Name : GOPIKA PR, Second Year of B.A.,L.L.B, The Central Law College, An Intern from Legal Vidhiya in Legal Journalism
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