SC: Child's right to know father outweighs privacy

NEW DELHI: Putting a child's right to know about his biological father on a higher pedestal in comparison to a person's right to privacy not to be compelled to undergo a DNA test, Supreme Court has directed a man to go through the test on a paternity suit filed by a youth who claims to be his biological son.

A bench of Justices Sanjay Karol and N K Singh adjudicated a tricky issue--whose rights would prevail in paternity test battle --the right to privacy of a man not to undergo DNA test or the right of a child to know about his father? The court held that balance of interests lies in favour of the child and passed order in his favour. It rejected the plea of the man who resisted the test on the ground that he did not have a physical relationship with the child's mother.

The court noted that the mother of the youth had also fought a long legal battle against him for getting her due and maintenance for the son which ended in Supreme Court and matters became infructuous as the son became a major by the time the case reached the apex court. The man, however, told the court that he was given a clean chit in the rape case filed against him by her and it should put to rest all allegation. Refusing to examine the nature of the relationship between them which was not the issue before it, the court decided the case from the perspective of youth's legitimate interest in knowing his biological father.


The youth, who is now 26-years old, submitted that there is no other recourse available to determine the question of paternity in view of the continuous denial by his father. He filed suit for declaration of paternity and share in property.

"Although there have been findings that state that the second respondent has been unable to establish any link between CP and Pankaj (name changed), those findings were not as a consequence of the full-dress trial. The civil suit filed by Pankaj is for this very purpose and as such, the question of paternity is directly in issue. On this count as well, we find in favour of the respondent(youth)," it said.

The SC bench also said that the balance of interests definitely lies in favour of the youth and upheld the orders passed by trial court and Chhattisgarh high court in favour of DNA test.