
The Supreme Court’s recent decision on paternity has prompted many to say that it is both unfair and outdated. It says that if a married woman has a child from an affair, her husband is still considered the child’s legal father.
That is, unless he can prove he had no access to her at the time of conception. This means the law assumes the husband is the father, even if DNA tests prove otherwise.
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This makes no sense. Why should a man be forced to take responsibility for a child that isn’t his? The requirement to prove “non-access” is unrealistic because it’s not enough to say he wasn’t with her.
The man has to prove it was impossible for them to be together. This is an unfair burden on the husband while the woman faces no consequences for her actions.
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The court also refused to make DNA tests mandatory, saying it could violate privacy and dignity.
But what about the dignity of a man being forced to raise someone else’s child? DNA tests are scientific proof, yet the law chooses to ignore them in favor of outdated assumptions.
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This ruling protects the wrong person and punishes the innocent. The law should focus on fairness and truth, not legal loopholes that trap people in unfair situations. If India’s courts want real justice, they must update their views and accept scientific evidence.