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Can’t compel rape survivor for her child’s DNA test: Allahabad HC bench
With this, the Lucknow bench of the Allahabad HC also overturned June 25, 2021 order of Pocso court, Sultanpur district, directing DNA test of the rape survivor’s child
The Lucknow bench of the Allahabad high court has ruled that a rape survivor cannot be forced to allow her child to undergo a deoxyribonucleic acid (DNA) test to determine paternity. A single judge bench of Justice Sangeeta Chandra had on December 3 overturned June 25, 2021 order of the Pocso court, Sultanpur district, directing the DNA test of the rape survivor’s child on the plea of a minor who is an accused in the case.
“It is apparent that the learned Additional Sessions Judge has misdirected his energies. The question before the learned Trial Court was not whether the child that was born to the prosecutrix (rape victim) was the child of the opposite party no.2 (rape accused),” said the court.
“There was no question for determining the paternity of the child. The question involved in the case was whether rape was committed on the prosecutrix by the opposite party no.2. There was no reason for the prosecutrix to let her child undergo DNA test,” the court observed.
“The court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of branding a child as a bastard and the mother as an unchaste woman,” the court said. “The revision stands allowed,” said the court while overturning the Pocso court’s order for DNA test of the rape survivor’s child.
On December 17, 2017, the victim’s mother had lodged a First Information Report (FIR) at Kotwali police station, Sultanpur district, alleging that her minor daughter (14) was raped. In the FIR, the mother had alleged that the accused had raped her daughter about seven months ago and thereafter she got pregnant. As the accused in the rape case was a minor, the proceedings of the case were conducted by the Juvenile Justice Board (JJB).
During proceedings of the case, the accused moved an application before the JJB for the DNA test of the baby. But on March 25, 2021, the JJB rejected the application. Thereafter, the accused moved the Pocso court seeking the DNA test of the child. On June 25, 2021, the Pocso court accepted the application and gave order for the DNA test. The victim’s mother then moved the high court against the Pocso court’s order.
