The Court observed that the provisions dealing with rape in the Indian Penal Code and the Protection of Children from Sexual Offences Act (POCSO Act) do not demand that the paternity of children born to rape survivors be proved to establish the offence.
It also noted that authorities involved in the adoption process are required to ensure complete confidentiality and that the Child Welfare Committee has a statutory duty to collect DNA samples of children before they are adopted.
After going through a catena of Supreme Court judgments regarding collection of DNA, the Court concluded that when there is a conflict between the right to privacy of a person and the duty of a court to arrive at the truth in rape cases, the request for DNA tests must be considered on the touchstone of the principle of “eminent need” and he doctrine of proportionality.
In view of these conclusions, the Court issued the guidelines.
Source: Barandbench
