Doctoral Research Scholar, Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi, India
Online published on 7 October, 2019.
DNA testing has revolutionized human identification and is used extensively for crime investigation, paternity confirmation and immigration checking. This paper delves on the specific ways in which the use of DNA technology for paternity testing has affected law and society in India. I argue that the sociological phenomenon of increasing acceptance and use of private DNA testing laboratories by men to confirm the biological relationship with their children is leading to increase in paternity disputes in the courts. The legal position on the applicability of using DNA evidence in civil cases in India is highlighted here, noting the fine balance that the courts have to strike between use of scientific evidence to settle disputes versus the need to protect the interests of the wife and child in the pursuit of justice. Greater regulation and control over private DNA laboratories in India is needed to ensure that easy and cheap availability of DNA testing does not harm the privacy and autonomy of individuals.
DNA testing, Governance, Law, Paternity testing, Regulation