This week in Indian law: The Supreme Court delivered two important judgments expanding Article 21 protections — holding that children's legitimacy cannot be frivolously challenged through DNA tests, and affirming that victims have a fundamental right to fair investigation. Both rulings reinforce the broad scope of the right to life and personal liberty in distinct legal domains. 2 significant legal developments this week across family-matrimonial and criminal-law.
Top story
SC: Children's Right Against Frivolous Legitimacy Challenges
Category: family-matrimonial | Date: 20 February 2023 | Source: Supreme Court of India
The Supreme Court held that DNA tests cannot be ordered to challenge the legitimacy of children without strong prima facie evidence that the presumption of legitimacy under Section 112 of the Indian Evidence Act is rebutted. The Court emphasised that children have a right under Article 21 to not have their parentage frivolously questioned, and that the interest of the child must take precedence over a spouse's desire to establish or disprove paternity.
Why it matters: This judgment sets a high evidentiary threshold for courts to order DNA tests in matrimonial disputes, prioritising children's privacy and psychological well-being over parental litigation strategies.
Read more: Veritect analysis
Court judgments
SC: Victims Have Fundamental Right to Fair Investigation
Court: Supreme Court of India | Date: 21 February 2023
The Supreme Court ruled that the right to a fair investigation is a fundamental right of the victim under Article 21 of the Constitution. The Bench held that courts retain the power to order further investigation under Section 173(8) of the Code of Criminal Procedure even after a charge sheet has been filed, if the investigation appears inadequate or compromised.
Key point: Victims of crime can now invoke Article 21 to demand reinvestigation where the original investigation was demonstrably unfair or incomplete.
Also this week
- Budget session debates continue — Finance Bill 2023 under discussion in Parliament; passage expected by late March.
- Adani-Hindenburg developments — SC proceedings continue; SEBI submits preliminary status report on investigations.
- No major regulatory circulars — RBI and SEBI in routine operations following the recent repo rate hike and AML master circular.
Looking ahead
- Late February: SC expected to deliver further criminal law judgments on bail and abetment issues.
- March 2: SC Constitution Bench judgment in Anoop Baranwal (Election Commission appointments) expected.
- March: SEBI expected to issue directions on Adani-Hindenburg investigation framework.
This is the Veritect Weekly Legal Roundup for Week 7 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.