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International Family Law

The leading authority on international family law

10 OCT 2012

India - Tiwari, DNA and the law

Despite confirmed scientific basis of medical techniques such as DNA profiling in legal disputes, law treats these only as ‘expert' and not conclusive evidence. Courts may have started giving more weight to such tests, but statutory recognition can come only with legislation enacted by Parliament.

A valuable right of a person to settle a paternity claim through DNA testing is on its way to be tried and tested. An outcome of the Rohit Shekhar v Narayan Dutt Tiwari case, it has now been recognised that a person can be physically compelled to give a blood sample for DNA profiling in compliance with a civil court order in a paternity action.

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