Review Article

DNA Evidence in Paternity Disputes: Reconciling Scientific Proof with Constitutional Rights

Authors: Navin Kumar, Pardeep Kumar, Khushbu Dahiya.

DOI: 10.33425/3066-3830.1013

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Abstract

The advent of DNA testing has revolutionized family law, particularly in paternity disputes, by providing an objective scientific method to establish biological parentage. While courts increasingly rely on DNA evidence due to its high accuracy, its use raises complex legal, ethical, and constitutional questions. In India, the judiciary has navigated the delicate balance between the child’s right to know biological parentage and the father’s fundamental rights, including privacy, bodily autonomy, and protection against self-incrimination. Landmark cases from 1993 to 2014 illustrate an evolution in judicial reasoning—from cautious discretionary use of DNA testing to its acceptance as conclusive proof, tempered by procedural safeguards. This paper analyzes statutory frameworks, constitutional principles, and judicial precedents governing DNA evidence in paternity cases, while also comparing Indian practices with international standards in the United States, United Kingdom, and European Court of Human Rights. The study finds that while DNA testing provides unparalleled accuracy, courts must carefully weigh it against constitutional protections. Policy recommendations include codified guidelines for consent, ethical safeguards, and secure data management to reconcile scientific proof with fundamental rights.

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