The Madras High Court has made a significant ruling emphasizing that DNA tests cannot be used as a tool to harass or humiliate individuals, particularly in maintenance cases. This judgment underscores the court’s stance on protecting individuals from unwarranted intrusion into their personal lives.
Key Aspects of the Judgment-
Protection from Harassment: The court dismissed a criminal revision petition seeking a paternity test, highlighting that such tests shouldn’t be ordered to harass or humiliate parties involved.
Maintenance Cases: The ruling pertains to a maintenance case under Section 125 of the Criminal Procedure Code (CrPC), now mirrored in the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.
Focus on Beneficial Provision: Section 125 CrPC is considered a beneficial provision aimed at preventing destitution and ensuring maintenance for dependents like wives and children.
No Grounds for DNA Test: The court found no compelling grounds to justify ordering a DNA test in this particular case.
Context and Implications-
Madras High Court’s Stance: Reflects judicial caution against using forensic tests like DNA profiling for harassment.
Protection of Rights: Emphasizes safeguarding individuals’ rights and dignity in legal proceedings.
Maintenance Jurisprudence: Aligns with principles ensuring maintenance is a means to prevent vagrancy and support dependents.
In Conclusion, The Madras High Court has ruled that DNA tests cannot be used to harass or humiliate individuals, dismissing a petition seeking a paternity test in a maintenance case. The court’s decision underscores protection of individual rights and dignity, cautioning against misuse of DNA profiling. It highlights that such tests should not be ordered routinely and require strong evidence, emphasizing the child’s right to privacy and legitimacy presumption under law. This judgment reflects judicial vigilance against using forensic tools for harassment.
