Open Access Research Article
LEGAL AND ETHICAL ISSUES IN MANDATORY DNA TESTING IN MATRIMONIAL AND MAINTENANCE CASES IN INDIA: AN EMPIRICAL STUDY
Abstract
ABSTRACT
The increasing use of DNA testing in matrimonial and maintenance disputes
in India has raised significant legal and ethical concerns, particularly in
relation to privacy, dignity, and child welfare. While DNA testing provides a
highly reliable scientific method for determining biological parentage, its compulsory application conflicts with
established legal principles such as the presumption of legitimacy under the
Indian Evidence Act, 1872 and the constitutional right to privacy recognized in
Justice K.S. Puttaswamy v. Union of India1.
This study adopts a non-doctrinal (empirical) research methodology,
combining primary data collected through questionnaires from nineteen
respondents with secondary legal sources,
including statutes, case laws, and scholarly literature. The research analyses stakeholder perceptions regarding the
reliability, necessity, and ethical implications of DNA testing in family law
disputes.
The findings reveal that although DNA testing is widely accepted as a
scientifically accurate tool, there is strong opposition to its mandatory use.
Respondents expressed significant concerns regarding its impact on the welfare
of the child, the dignity of women, and the potential misuse of such testing in matrimonial litigation, particularly in proceedings under
the Code of Criminal
Procedure, 1973. The study also identifies
a lack of comprehensive statutory regulation, leading to inconsistency in
judicial decisions.
The research concludes that mandatory DNA testing cannot be justified
as a general rule and should be permitted only in exceptional
circumstances, subject to strict judicial scrutiny.
It emphasizes the need for a balanced legal framework that harmonizes
scientific advancements with constitutional protections and ethical considerations.
Published Paper
Author Details
Authors: MS. R. MITHRARegistration ID: 1013292 | Published Paper ID: IJLRA13292Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 373-400
Article Information
LEGAL AND ETHICAL ISSUES IN MANDATORY DNA TESTING IN MATRIMONIAL AND MAINTENANCE CASES IN INDIA: AN EMPIRICAL STUDY
Authors: MS. R. MITHRA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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