DNA Testing, Legitimacy, and the Constitutional Protection of Childhood in India

The growing reliance on DNA testing in family law disputes has raised significant constitutional and ethical concerns within the Indian legal system. While DNA profiling offers near-conclusive evidence of biological parentage, its indiscriminate use threatens the presumption of legitimacy embodied in Section 112 of the Indian Evidence Act, 1872, reaffirmed under the Bharatiya Sakshya Adhiniyam, 2023. Indian courts have increasingly been required to balance scientific accuracy against the rights to dignity, privacy, and identity guaranteed under Article 21 of the Constitution, particularly in cases involving children. This paper examines the judicial approach to DNA testing in paternity and legitimacy disputes, focusing on key decisions of the Supreme Court of India and select High Courts that have shaped a child-centric and constitutionally restrained framework. It argues that Indian courts have consciously limited forensic intrusion in civil and matrimonial proceedings to prevent social and psychological harm caused by questioning a child’s legitimacy. The paper further highlights the judiciary’s insistence on strict proof of non-access before permitting DNA testing, thereby preventing the misuse of scientific tools to establish adultery or evade parental responsibility. The study concludes that Indian jurisprudence prioritizes constitutional morality and the sanctity of childhood over genetic determinism, ensuring that scientific truth does not eclipse legal justice.