Recently, the Allahabad High Court said that the DNA test of a rape survivor and her child cannot be ordered in a routine manner, as it has serious social consequences. While dealing with the challenge to the rejection of the DNA test of the prosecutrix and her child, the bench of Justice Rajeev Misra said, "in an offence under Section 376 IPC, the paternity of the child is not required to be looked into...the DNA test of the prosecutrix and her child has serious social consequences. Only when compelling and unavoidable circumstances have emerged on record, which make out a cast-iron case for directing DNA test of the prosecutrix and her child that Court can direct for such a test." As per the details, a case was lodged against the applicant under Sections 376 (rape), 452 (house-trespass), 342 (wrongful confinement), 506 (criminal intimidation) IPC and Sections 5/6 POCSO Act. A chargesheet was filed against the applicant, and the matter proceeded to Trial. After examination of five witnesses, the applicant filed an application for a DNA test of the prosecutrix and her child on the grounds that, though the child was premature, he or she was fully grown and therefore, could not have been the applicant's. In the end, the Allahabad HC upheld the trial court's order. Allahabad High Court Denies Maintenance to Wife Earning INR 73,000 Monthly Salary and Owning INR 80 Lakh Flat, Says ‘She Is Financially Capable of Supporting Herself’.

Paternity of the Child Is Not Required To Be Looked Into, Says Allahabad High Court

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

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