The Supreme Court’s recent ruling denying a husband’s right to a DNA test in cases of adultery is a severe injustice against men, violating their constitutional rights to equality, personal liberty, and legal remedy. By prioritizing the presumption of legitimacy under Section 112 of the Indian Evidence Act over scientific evidence, the judgment forces innocent men into unwanted fatherhood, encourages marital fraud, and deprives them of a fundamental legal defense. This decision contradicts previous court rulings that have allowed DNA tests when paternity is contested, making urgent legal reforms necessary to prevent wrongful paternity claims and ensure justice for men in India.
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NEW DELHI: The recent Supreme Court judgment upholding a husband’s legal paternity over biological evidence in cases of adultery is not only a severe miscarriage of justice but also a blatant disregard for the fundamental rights of men as fathers, husbands, and citizens of India.
This ruling effectively denies a man the right to challenge paternity through scientific means, instead burdening him with the social and legal consequences of his wife’s infidelity.
The verdict, was delivered by a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan.
The decision is an alarming precedent that victimizes innocent men under the guise of protecting legitimacy and dignity.
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A Blow to Men’s Rights Under the Indian Constitution
The ruling contradicts several fundamental rights enshrined in the Constitution of India, including:
- Right to Equality (Article 14): The judgment creates an unfair gender bias by protecting an adulterous wife while stripping the husband of his right to contest paternity.
- Right to Life and Personal Liberty (Article 21): Denying a man the right to establish his biological connection with a child infringes upon his dignity, privacy, and autonomy.
- Right Against Forced Burden (Article 20(3)): Compelling a man to legally accept paternity without the option of DNA verification forces an unjust liability upon him.
- Right to Seek Legal Remedy (Article 32 & 226): If the judiciary refuses to allow DNA tests even when adultery is admitted, it essentially denies men their legal recourse.
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Section 112 of the Indian Evidence Act: A Shield for Adultery?
The Supreme Court’s reliance on Section 112 of the Indian Evidence Act, 1872, which presumes legitimacy if the spouses had “access” to each other during conception, is outdated in light of modern scientific advancements.
In an era where DNA testing provides definitive answers, the Court’s insistence on a presumption-based approach disregards irrefutable biological evidence.
Legal Precedents That Challenge This Approach
While the Supreme Court has relied on Section 112, there have been instances where Indian courts have upheld the right of a man to demand a DNA test in paternity disputes:
- Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik & Ors (2014)
- The Supreme Court ruled that when there is conflict between a legal presumption and scientific evidence, the latter must prevail. DNA tests are considered the most accurate means of establishing paternity, and courts should not disregard them when a husband challenges legitimacy.
- Goutam Kundu v. State of West Bengal (1993)
- The Court held that while DNA tests should not be ordered routinely, they can be permitted when a strong prima facie case is made. This case recognized the need for balancing the rights of the child and the alleged father.
- Banarsi Dass v. Teeku Dutta (2005)
- The Supreme Court reiterated that courts must be cautious in ordering DNA tests but did not rule them out entirely when essential to justice.
By ignoring these precedents and emphasizing the protection of legitimacy over biological truth, the Supreme Court has undermined the right of husbands to clear themselves from wrongful paternity obligations.
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How the Judgment Harms Husbands and Fathers
- Forcing an Innocent Man into Fatherhood:
- A husband who is not the biological father should not be legally compelled to bear lifelong responsibilities for another man’s child. The Court’s decision enforces financial and emotional liabilities on a man for a child born out of his wife’s infidelity.
- Encouraging Marital Fraud:
- The ruling emboldens adulterous wives to deceive their husbands without consequence. By denying the right to a DNA test, the Court enables women to commit paternity fraud, leaving men with no legal remedy.
- Violation of Justice in Family Law:
- The ruling sets a dangerous precedent where family courts may dismiss a husband’s demand for DNA verification, leading to wrongful paternity claims and unjust child custody rulings.
The Right to DNA Test: A Necessary Reform
The Supreme Court’s reluctance to allow DNA testing contradicts global legal trends.
In countries like the U.S., U.K., and Malaysia, courts allow DNA tests when paternity is contested.
The Indian judiciary must align with these international standards to ensure fairness in family law.
Way Forward
- Amend Section 112 of the Indian Evidence Act to allow DNA testing in cases where paternity is disputed, especially when adultery is admitted.
- Recognize Paternity Fraud as a Legal Offense to protect men from being falsely assigned fatherhood.
- Ensure Equal Rights for Men in Family Law by allowing DNA tests as a matter of right rather than judicial discretion.
Justice for Men Must Not Be Denied
The Supreme Court’s decision in this case is a serious injustice to men in India. While the dignity and privacy of the child must be protected, it cannot come at the cost of a man’s right to know whether he is the biological father.
The Court has failed to uphold the principles of justice, fairness, and scientific reasoning, leaving Indian men vulnerable to wrongful paternity claims.
It is high time that India recognizes a man’s right to a DNA test as a fundamental right in paternity disputes. Denying this right does not serve justice—it perpetuates legal oppression against men.
How Men Don’t Have Equal Rights in India Compared to Women
While the Indian Constitution guarantees equality before the law (Article 14), several legal, social, and institutional biases create systemic discrimination against men in various aspects of life.
These include family laws, criminal laws, workplace rights, and social expectations, which overwhelmingly favor women, often at the cost of fairness and justice for men.
1. Gender Bias in Family & Marriage Laws
a) Biased Divorce and Maintenance Laws
- Section 125 CrPC & Hindu Marriage Act (HMA), 1955:
- Husbands are legally bound to pay maintenance and alimony to their wives, even if the wife is well-educated and capable of earning.
- There is no reciprocal provision for husbands to claim maintenance from their wives.
- Irretrievable Breakdown of Marriage:
- While women can refuse a mutual divorce, husbands cannot easily exit a marriage without facing financial liability.
b) Child Custody & Parental Rights
- Under the Guardians and Wards Act, 1890 & Hindu Minority and Guardianship Act, 1956, courts overwhelmingly grant custody of children to mothers, treating fathers as secondary parents.
- Even when fathers prove themselves as better caretakers, they rarely get primary custody and are reduced to visiting parents.
- Mothers often use children as leverage to extract financial settlements in divorce cases.
2. Misuse of Gender-Based Criminal Laws
a) False Cases Under Dowry and Domestic Violence Laws
- Section 498A IPC (Anti-Dowry Law):
- Meant to protect women from harassment, but misused by wives to falsely accuse husbands and in-laws to extort money or settle personal scores.
- Supreme Court (Rajesh Sharma & Ors. v. State of U.P., 2017) admitted that 498A is widely misused and ordered safeguards, yet men still face arrests without investigation.
- Protection of Women from Domestic Violence Act, 2005:
- Provides financial relief, protection orders, and residence rights to women but has no provision for male victims of domestic abuse.
- Men cannot file domestic violence cases against their wives, despite many suffering verbal, emotional, and even physical abuse.
b) Sexual Harassment and Rape Laws Favor Women Exclusively
- Section 375 IPC (Rape Laws):
- Defines rape as a crime only committed by men against women, ignoring cases where men are sexually assaulted.
- No legal recourse for male rape victims, even if assaulted by women or in same-sex assaults.
- Sexual Harassment at Workplace (POSH Act, 2013):
- Protects only women, leaving men vulnerable to false allegations.
- No protection for male victims of workplace harassment by female bosses or colleagues.
- Marital Rape Exception:
- The law criminalizes only men for non-consensual intercourse within marriage, assuming that only wives can be victims.
ALSO READ: Delhi High Court: “Men Can Be Victims Too, Gender Bias Has No Place in Justice”
3. Lack of Support for Male Victims
a) No Government Helpline or Legal Aid for Men
- Women have multiple helplines, NGOs, and government commissions for legal and social support, while men have none.
- National Commission for Women (NCW) exists, but no equivalent body for men’s issues.
b) Higher Suicide Rates Among Married Men
- Data from NCRB (National Crime Records Bureau) shows that married men commit suicide at nearly twice the rate of married women, mainly due to harassment, financial burdens, and false accusations.
- Society ignores men’s mental health issues, expecting them to “man up.”
4. Workplace Discrimination Against Men
a) Unequal Maternity & Paternity Benefits
- Maternity Benefit Act, 1961 grants 26 weeks of paid leave to women but only 15 days for men under government schemes.
- Fathers are expected to work full-time while mothers get support for childcare, reinforcing traditional gender roles.
b) No Reservation or Special Quotas for Men
- Women receive reservations in education, politics (33% in local bodies), and jobs but men have no such benefit, even in male-dominated hazardous jobs.
- Government schemes favor women entrepreneurs over male entrepreneurs, leaving men at a disadvantage in financial assistance.
5. Bias in Sexual Consent and Relationship Laws
a) Live-in Relationships Favor Women
- If a woman claims a live-in relationship was like a marriage, courts can force the man to pay maintenance, even if there was no legal marriage.
- Women can easily file rape cases if a relationship ends, claiming “false promise of marriage” (Section 376 IPC), but men cannot file similar cases.
b) Adultery Laws Protect Only Women
- Adultery (Section 497 IPC) was struck down, but women still cannot be held legally accountable for extramarital affairs in terms of paternity fraud or emotional damage to husbands.
- A husband is forced to accept paternity of a child born from his wife’s adultery (as per SC judgment in 2024), even if DNA proves otherwise.
Conclusion: The Urgent Need for Gender-Neutral Laws
While gender-based laws were initially created to protect women, their misuse and the legal neglect of men’s rights have led to widespread injustice.
Men deserve legal protections, support systems, and equal rights in family, criminal, and workplace laws.
If true gender equality is to be achieved in India, men’s rights must also be recognized and safeguarded, not ignored or ridiculed.
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