SC refuses to entertain plea seeking DNA testing available to ascertain parenthood

NEW DELHI: The Supreme Court on Monday refused to entertain a plea seeking DNA testing across the country to decide disputes over parenthood, saying courts cannot run the whole system.

The petition came up for hearing before a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia.

The apex court observed that prayers made in the petition were very difficult to be granted on an all-India basis.

“Courts cannot run the whole system. It can decide the issue which crops up in a case,” the bench told the petitioner.

The bench referred to section 112 of the Indian Evidence Act under which birth during continuance of a valid marriage is a conclusive proof of legitimacy of the child.

“What kind of petition is this?” the top court asked the petitioner, who was appearing in-person, adding, “You want DNA tests to be done across the country?”.

It asked the petitioner whether he has any personal litigation.

Any Indian citizen or lawyer can appear as petitioner in-person in a court in their individual capacity.

The petitioner replied in the affirmative and said he has a seven-year-old dispute on the issue.

“The prayers would be very difficult to be granted on all-India basis merely because the petitioner has had some issues which are pending ,” the bench said while refusing to entertain the plea.

As per section 112 of the act[1] “The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.”