SC: Child’s right to know father is more important than privacy. india news
New Delhi: Putting a child’s right to know about his biological father in a higher place than that of any other person right to privacy Not to be forced to undergo a DNA test, the Supreme Court has directed a man to undergo the test on a paternity suit filed by a youth who claims to be his biological son.A bench of Justices Sanjay Karol and NK Singh delivered the verdict on a thorny issue – whose rights will prevail in the paternity test battle – a person’s right to privacy not to undergo a DNA test or a child’s right to know his or her father? The court held that the balance of interests was in favor of the child and passed orders in his favour. It rejected the plea of a man who had opposed the test on the grounds that he did not have physical relations with the child’s mother.The court said that the youth’s mother had also fought a long legal battle against it to get proper maintenance for her son, which ended in the Supreme Court and the case became infructuous as the son had become a major by the time the matter reached the top court. However, the man told the court that he has been given a clean chit in the rape case filed against him and all charges should be dropped. Refusing to examine the nature of the relationship between them, which was not an issue before it, the court decided the case from the perspective of the young man’s legitimate interest in knowing his biological father.The young man, now 26 years of age, submitted that there is no other recourse available to determine the question of paternity in view of the persistent denial by his father. He filed a suit for declaration of paternity and share in the property.“Although there are findings which show that the second respondent has been unable to establish any link between CP and Pankaj (name changed), but those findings were not the result of a full-dress trial. The civil suit filed by Pankaj is for the same purpose and as such, the question of paternity is directly in issue. In this case also, we find in favor of the respondent (youth).”The Supreme Court bench also said that the balance of interests is definitely in favor of the youth and upheld the orders passed by the trial court and the Chhattisgarh High Court in favor of DNA testing.
