Arpana Tyagi, LL.M., National Law University, Jodhpur
ABSTRACT
In a traditional country like India if a child is branded as a bastard or an illegitimate child and his/her mother as an unchaste, it may cast a very serious impact on the entire life of the child wherein he may be looked down upon by whole society as impure. It may also affect other rights and interests of the child as there would be no one to provide for his education, maintenance and other essential need. In order to protect the rights of the child and to prevent the aforementioned consequences on the life of a child section 112 was enacted, being a social welfare provision in nature. The present article not only describes the principal of conclusive proof in matters of legitimate paternity as incorporated under section 112 but also highlights the lacunae in the provision as the same was enacted at a time when the DNA test, RNA tests and other modern scientific techniques which have now evolved were not within the contemplation of the legislature. The present articles therefore puts forth the recent judicial trends in interpreting the provision while pronouncing judgments by allowing the applications for DNA tests so as to fill the gaps in the provision and do away with the insufficiency in the law so that complete justice can be done wherein the rights of both the parties, i.e., the child as well as the innocent husband are be taken care of.
