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

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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.”

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Mumbai Viral Video: Cop Picks Up Father And His 5-Month-Old Son In Police Vehicle Amidst Ganpati Visarjan-Led Traffic, Wins Hearts

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The official picked up the father-son duo in his police vehicle after they were refused a trip by several taxi drivers. It was learned that the police extended assistance after the other mode of transport refused a drive due to Ganesh Visarjan-led traffic in the area. 

Mumbai Police is known for its friendliness towards the public, not only due to their creative social media posts but also for their helping hand on the ground level. In an adorable case that has gone viral and left netizens impressed, a cop was seen providing a lift to a father and his five-month-old child in the city’s Charni Road area.

Father thanks Mumbai Police

Identified as father Aman Vora shared the incident on X (formerly Twitter) and said, “We were at Charni Rd Station and it was raining. No taxi driver was ready to come because of Ganesh Visarjan and my 5 month old son was crying but @MumbaiPolice helped us to reach our destination. (sic)” He also thanked the police for the kind deed as he added, “My sincere gratitude❤️ Jay Maharashtra. Jay Hind.”

Video goes viral & wins hearts

The clip was retweeted by the official X handle of Mumbai Police with a caption that read: “A child’s happiness is a statement of its own. Words cannot adequately describe it.” No sooner, the video caught the attention of netizens and attracted more than 340K views on the social media platform. The gesture was saluted by people as they hailed the cop for the help.

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Mumbai: ‘Don’t Disrespect Our Father’ Supriya Sule Warns BJP

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NCP Working President Supriya Sule issued a warning saying ‘disrespect us, but not our father’ while addressing the party gathering in Mumbai on Wednesday.

Slamming the BJP and referring to it as the most corrupt party in the country, she said, “Disrespect us, but not our father (Sharad Pawar). This fight is against the BJP government. BJP is the most corrupt party in the country.”

Supriya Sule hits out at state govt

She also hit out at BJP, Ajit Pawar, and Eknath Shinde-led government and alleged that BJP is using Income Tax, CBI, and Enforcement Directorate to threaten the party MLAs. However, she claimed NCP will give an appropriate answer very soon.

Referring to Ajit Pawar’s advise to Pawar Sr to retire while mentioning his age, Supriya Sule said, “Age is just a number.” She also cited Ratan Tata, Amitabh Bachchan and Cyrus Punawala to prove her argument that a person can be active and work for the society if he has the will to do so.
Striking an emotional chord, Sharad Pawar’s daughter also said that daughters are the best support for a father when it is required.

“Instead of asking them to sit at home and give blessings, daughters are better. They become the support system for their fathers when the house is in danger,” she said.

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Mumbai News: Just 32k Legal Hawkers But Over 1L Availed Loan Scheme

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If there are only 32,000 legal hawkers in the city then how come Prime Minister Narendra Modi distributed loans under PM SVANidhi Yojana to more than one lakh hawkers, asked former opposition leader in BMC Ravi Raja. On January 19, 2023, PM Modi distributed a loan of ₹10,000 each to 1.10 lakh hawkers. The grant was provided based on the certificates issued by the BMC.

Ravi Raja fumes over PM Modi

The ex-Congress corporator fumed over the civic body’s decision to allow 32,000 hawkers, who were termed as legal vendors after a survey, to vote in the Town Vending Committee (TVC) election. The committee, which comprises civic chief, representatives from traffic police and various BMC departments, members of hawker association and civic society, plays a crucial role in implementing the rules pertaining to hawkers as well as identifying eligible hawkers. Hence, 32,000 hawkers have been allowed to vote for TVC elections as it’s a question of their livelihood.

Averring that the BMC is “messing up” with the hawkers policy, Raja further said that rules say that 2.5 per cent of the total population can do hawking business.

The BMC is in the process of sending the list of 32,000 hawkers to the labor commissioner for getting their names stamped for TVC election. However, Raja has demanded that the civic administration should wait till the election of corporators, which is long overdue.

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