DNA test of children of rape victim to be done only in necessity
The courts shall not entertain application seeking DNA examination of children of victim only after assessing the principle of eminent need and doctrine of proportionality, says Kerala High Court in Suo Motu v State of Kerala [ 2024 (3) KHC 553].
Paternity not to be proved to establish rape
Rape does not demand paternity of child born to rape victim to be proved to establish the offence. Therefor DNA test is not needed to prove the offence of rape.
Court to privacy must balance right and interest of parties
When there is a conflict between the right to privacy of a person not to submit himself forcefully to medical examination and duty of court to reach the truth, the court must exercise its discretion only after balancing the interests of parties and on due consideration whether for a just decision in the matter, DNA test is essentially needed.
Three-fold test to be done before permitting DNA test
The three-fold test of reasonableness laid down in K S Puttaswamy v Union of India [2017 KHC 6577] says the action must fulfil the three prongs, as follows:
Legality: such an action must be supported by the existence of a law that warrant such action to be taken in the given circumstances.
Necessity: There must be a legitimate state aim. The action must be one that is pertinent and requisite in the light of the circumstances that prevail to achieve the aim of the State.
Proportionality: The parameters of proportionality shall be fulfilled on the establishment of a rational nexus between the objects and the means adopted to achieve them.
Reference
- Suo Motu v State of Kerala [ 2024 (3) KHC 553]
