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‘Violates right to privacy, invasive to physical autonomy’, SC on DNA testing of two children

The Supreme Court recently set aside the Telangana High Court order permitting DNA testing to determine the paternity of two children in a matrimonial dispute, holding such a direction would be invasive to the physical autonomy of a person and also violate the right to privacy.
A bench of Justices Aniruddha Bose and Vikram Nath said: “The trial court as also the revisional court had completely ignored the said factor and proceeded as if the children were material objects who could be sent for forensic analysis.”
It noted that the substance of the complaint was not related to paternity of the children of the mother, who claimed she had been forced to cohabit and develop a physical relationship with her brother-in-law, in a dowry harassment case with her husband and his brother.
The woman had lodged a complaint against her husband and his brother under Sections 498A, 323, and 354 and other ancillary provisions of the Indian Penal Code, 1860.
The top court noted that the trial court allowed the woman’s application mechanically, on the premise that the DNA fingerprint test is permissible under the law. It said that both the trial and the high court ignored that the paternity of the children was not in question in the subject-proceedings.
It further added that merely because something is permissible under the law cannot be directed as a matter of course to be performed particularly when a direction to that effect would be invasive to the physical autonomy of a person.
The bench said: “The consequence thereof would not be confined to the question as to whether such an order would result in testimonial compulsion, but encompasses right to privacy as well. Such direction would violate the privacy right of the persons subjected to such tests and could be prejudicial to the future of the two children who were also sought to be brought within the ambit of the trial court’s direction.”
In February 2017, the high court had ordered a DNA test on the claim made by the mother of two children. The woman had filed an application under Section 45 of the Indian Evidence Act with the appeal seeking direction to obtain an expert opinion for the DNA fingerprint test comparing blood samples of her two daughters. The trial court allowed her plea, which was challenged by her husband and his brother before the high court. The high court held that such a DNA fingerprint test was permitted under Sections 53, 53A and 54 of the Criminal Procedure Code (CrPC).A
Setting aside the high court order, the top court said: “The judgment under appeal, blood sampling of the children was directed, who were not parties to the proceeding nor were their status required to be examined in the complaint of the respondent no.2. This raised doubt on their legitimacy of being borne to legally wedded parents and such directions, if carried out, have the potential of exposing them to inheritance related complication.”
International News
Death toll from overnight US airstrikes on Yemen’s capital rises to 3

Sanaa, April 10: The death toll from fresh US airstrikes on Yemen’s capital Sanaa rose to three, with several others wounded, medics and health authorities told Xinhua.
The airstrikes targeted the Al-Nahdayn area which is surrounded by densely residential neighbourhoods on Wednesday late night.
Shrapnel hit many houses and shattered windows, causing damage and killing three residents. Several wounded civilians have been rushed to hospital.
This was the latest wave of US airstrikes on northern Yemen since the US military resumed airstrikes on the Houthi group on March 15 to deter the group from targeting Israel and US warships in the northern Red Sea.
The airstrikes also targeted several locations across other northern areas late on Wednesday, including the Red Sea port city of Hodeidah and the Island of Kamaran, where no casualties have been reported so far.
The US military has yet to comment, Xinhua news agency reported.
Earlier on April 9, Yemen’s Houthis said that they had shot down another US MQ-9 drone, the 18th since the start of the war in Gaza, the military group said.
“Our air defences shot down a US MQ-9 drone in the airspace of Al-Jawf province, using a locally manufactured surface-to-air missile,” the group’s spokesperson, Yahya Sarea, said in a televised statement aired by Houthi-run al-Masirah TV.
“This is the 18th US drone shot down by our air defences since October 2023,” Sarea said, referring to the timeframe when his group began launching attacks against Israeli targets to show solidarity with Palestinians a few days after the outbreak of war in Gaza on October 7, 2023.
The last MQ-9 was reportedly shot down by the Houthi forces on Thursday over the Red Sea port city of Hodeidah.
This type of drone has become well-known to Yemenis because it has been hovering overhead across northern Yemeni provinces almost daily since October 2023.
The Houthis, who control much of northern Yemen, have been launching regular rocket and drone attacks against Israel and disrupting “Israeli-linked” shipping in the Red Sea since November 2023 to show solidarity with Palestinians in the Gaza Strip amid their conflict with Israelis.
Uncategorized
SC quashes Gujarat Police FIR against Cong MP Imran Pratapgarhi

New Delhi, March 28: The Supreme Court on Friday quashed an FIR registered in Gujarat against Congress Rajya Sabha member and poet Imran Pratapgarhi for allegedly disturbing social harmony.
Pronouncing its verdict, a bench of Justices Abhay S. Oka and Ujjal Bhuyan said that no criminal offence was made out and allowed Pratapgarhi’s plea to quash the complaint alleging that a video posted by the Congress leader on Instagram, which featured a poem, was inciting unrest and harming social peace.
“Even if a large number of persons dislike the views expressed by another, the right of a person to express the views must be respected and protected. Literature, including poetry, drama, films, satire, and art, enriches human life,” observed the Justice Oka-led Bench of the apex court.
After the Gujarat High Court had turned down Pratapgarhi’s plea to quash the FIR, he moved a special leave petition before the Supreme Court.
In an interim order passed on January 21, the Justice Oka-led Bench shielded Pratapgarhi from arrest as it issued a notice to the Gujarat government in the matter, and also, in the meantime, ordered that no coercive steps should be taken against the petitioner in any manner on the basis of the impugned FIR.
During the course of the hearing, the apex court raised questions over the registration of an FIR. “Please see the poem. It’s ultimately a poem. It is not against any religion. It is not against any particular community. Please apply your mind to the poem,” remarked the Justice Oka-led Bench.
The complaint against Imran Pratapgarhi dates back to January 3, when a complaint was filed at the Jamnagar police station by an advocate’s clerk. The complainant alleged that a video posted by Pratapgarhi on Instagram, which featured a poem, was inciting unrest and harming social peace.
Refusing to quash the FIR, the Gujarat HC stated that as a lawmaker, the Congress leader should have acted responsibly and respected the legal process. It further directed him to submit an affidavit clarifying the origin of the poem used in the video.
Pratapgarhi was asked to specify whether the poem was written by him or sourced from elsewhere, and if so, provide the details of its author.
He told the High Court that the poem in question was either written by the renowned poets Faiz Ahmed Faiz or Habib Jalib. He stated that he had found the poem through online sources, including Internet forums and chat rooms, but could not provide a definitive source.
He presented screenshots from an AI tool (ChatGPT) to support his claims. He argued that the poem, which promotes love and non-violence, was harmless and did not constitute a criminal act. However, the prosecution disagreed, asserting that as a parliamentarian, he had a responsibility to act with caution and not to incite public unrest through social media.
The police had issued a notice to Imran Pratapgarhi on January 4, asking him to appear on January 11, but he failed to cooperate with the investigation.
The Gujarat High Court highlighted that Imran Pratapgarhi’s action could not be defended simply based on his status as a public figure. His failure to appear before the authorities and his lack of clarity about the origin of the poem were key factors in turning down his petition. The Gujarat HC ultimately dismissed Pratapgarhi’s plea, reinforcing that lawmakers must uphold the law and act responsibly.
Uncategorized
Rana’s interrogation will expose ISI-Lashkar links in Mumbai attack, says Ujjwal Nikam

Mumbai, Jan 25: Renowned Special Public Prosecutor of the 2008 Mumbai terror attacks, Ujjwal Nikam, has hailed the US Supreme Court’s decision to extradite Tahawwur Rana, an alleged conspirator in the 26/11 terror attacks, to India.
“This is a major victory for the Indian government,” Nikam stated while addressing the media on Saturday.
He explained that Rana’s appeal to the US Supreme Court, which argued against extradition citing his conviction in a Chicago court, was firmly rejected.
“The U.S. government opposed his petition, emphasising the need for him to face trial in India. The US Supreme Court’s decision paves the way for his extradition,” Nikam elaborated.
Talking about the potential impact of Rana’s interrogation, Nikam said, “This is an essential step forward. His questioning might unveil new dimensions of the Pakistan Army’s involvement in the 26/11 terror attack.”
Recalling his earlier interrogation of David Coleman Headley, a key conspirator in the Mumbai attack case, Nikam added, “Headley revealed the deep-seated collusion between Pakistan’s Inter-Services Intelligence (ISI) and Lashkar-e-Taiba. Similarly, Rana’s testimony could provide critical insights into the ISI-Lashkar nexus.”
Prominent political figures also commented on the development. Maharashtra BJP MLA Ram Kadam credited Prime Minister Modi’s effective foreign diplomacy for the extradition.
He said, “The path has been cleared to bring Tahawwur Hussain Rana to India. This is a major triumph for the country. His interrogation will once again expose Pakistan’s infamous role in global terrorism.”
Sanjay Raut of Shiv Sena (UBT), however, asked when other culprits would be brought to justice.
“This is a routine judicial process. While it’s commendable, we must also question the broader issue. When will other culprits like Nirav Modi, Dawood Ibrahim, and Tiger Memon be brought to justice? These matters cannot be overlooked.”
NCP (SP) leader Fahad Ahmad said, “While it is better late than never, we must focus on extracting as much information as possible from the accused. However, this should be a non-partisan effort, free from attempts to seek political credit or portray oneself as a hero. An investigation into the delays in handling this case is necessary to ensure such incidents do not recur in the future.”
Earlier, the US Supreme Court cleared Tahawwur Rana’s extradition to India, dismissing his review petition against the move, that is being seen as an outcome of President Trump assuming charge of the country.
Rana, a Canadian national of Pakistani origin, is wanted in the 2008 Mumbai terrorist attacks case. This was Rana’s last legal chance not to be extradited to India.
Rana on November 13 filed a “petition for a writ of certiorari” before the US Supreme Court which was denied by the top court, a day after Donald Trump was sworn in as the American President.
Rana, 64, is currently detained at the Metropolitan Detention Centre in Los Angeles.
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