Kerala High Court rules children should not undergo DNA tests for undisputed paternity
GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Prelims + Mains·
Right to Privacy and Child Rights: a GS2 case study on bodily integrity and administrative law.
Why in news
The Kerala High Court ruled that children should not be subjected to DNA tests to correct birth records in cases where paternity is undisputed, directing the government to rectify a girl's father's name.
Background
The Kerala High Court directed the government to correct a girl's father's name after her mother’s first husband was mistakenly recorded. The court urged the Legislature to amend the Registration of Births and Deaths Act, 1969, and Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999.
Facts for Prelims
- Act / BillRegistration of Births and Deaths Act, 1969
- FactRule 11 of Kerala Registration of Births and Deaths Rules, 1999
- BodyKerala High Court
Prelims practice question
Which Act governs the registration of births and deaths in India as mentioned in the court's directive?
- (a)Registration of Births and Deaths Act, 1969
- (b)Population Records Act, 1990
- (c)Civil Registration Act, 1972
- (d)Birth and Death Registration Act, 1985
Show answer
Answer: (a) Registration of Births and Deaths Act, 1969 — The Kerala High Court urged the Legislature to amend the Registration of Births and Deaths Act, 1969.
For Mains
Q. Discuss the importance of protecting the dignity and privacy of children in administrative procedures like birth registration and record correction.
Dimensions to cover in your answer
- Privacy conflict: Balancing the state's need for accurate records against a child's right to bodily integrity and privacy
- Legislative gap: Need for clear guidelines in the Registration of Births and Deaths Act to handle clerical errors without invasive procedures
Keywords: Right to Privacy · Administrative Law · Child Rights · Legislative Amendment · Bodily Integrity
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