“DNA Testing and Paternity Determination: Legal Rights, Procedures, and Implications”

Table of Contents

1. Introduction
2. Legal Framework
3. Constitutional Rights
4. Role of DNA Testing
5. Consent Requirement
6. Adverse Inference
7. Alternative Methods
8. Physiognomy (Qiyafah)
9. Islamic Perspective
10. Court’s Decision
11. Implications
12. Conclusion
13. Advocate Muhammad Amin

Introduction

Paternity disputes are common in courts. DNA testing is a scientific method to determine biological relationships. However, the court ruled that DNA tests cannot be forced without consent.

Legal Framework

Paternity cases fall under family law. Courts follow constitutional and legal principles. The Qanun-e-Shahadat Order, 1984, guides evidence rules.

Constitutional Rights

Articles 9 and 14 protect personal liberty and privacy. Courts cannot force DNA tests without consent. These rights ensure individual freedom.

Role of DNA Testing

DNA tests are reliable. They establish paternity with accuracy. However, their use must respect fundamental rights.

Consent Requirement

DNA tests require consent. Courts cannot impose them. If refused, the court considers other evidence.

Adverse Inference

If a party refuses a DNA test, courts may assume the result would be against them. This is called adverse inference. It is based on Article 129(g) of the Qanun-e-Shahadat Order.

Alternative Methods

Courts use other ways to determine paternity. Witness statements and family records are common.

Physiognomy (Qiyafah)

Qiyafah is the study of physical resemblance. It helps determine paternity. Islamic law recognizes this method.

Islamic Perspective

Islamic scholars differ on DNA testing. Some accept it as supporting evidence. Others believe it should not replace traditional methods.

Court’s Decision

The Lahore High Court ruled that DNA tests cannot be forced. Courts must decide paternity based on available evidence.

Implications

This decision protects fundamental rights. It balances scientific evidence with legal and religious principles.

Conclusion

The ruling sets an important precedent. DNA testing is useful but must respect personal rights. Courts must consider all evidence before making a decision.

Advocate Muhammad Amin

Advocate Muhammad Amin is an expert in family law. He specializes in paternity disputes and constitutional matters. For legal consultation, contact +92-313-9708019.