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swetha (student)     13 June 2013

Dna

can anybody help me by suggesting with correct answer to my questions 

1.is there any possibility of performing DNA tests , when father is expired in a family ? 

2.does second wife or else the chiild of second wife gets pension after expiry of first wife (service is done by the father as a state govt employee) ?

3.does that first wife has right to give away pension to others , other than second wife and daughter ?

plzzz help me with answer ... its urgent



Learning

 2 Replies

alexander (nil)     13 June 2013

There ,only till very recently ,some  hush hush reservations on carrying out DNA Profiling  on the apparently specious plea that it is an attack on the person's right of privacy which also is related to right to life. Now this glass wall seems to be coming down. In desreving cases Courts are ordering DNA profiling. . Shekhar vs ND Tiwari, and Justice Vipin Jaggi's orders in such a case Cr P C 125 ). Strict confidentiality is maintained by the Courts about the DNA results. Only the Hon'ble judge and the concerned parties are kept in  the loop.Inforeign countries DNA profiliong is much more common. DNA test is a totally non invasive tests and can tell you of  your genetical linkage to your 10th or 15th ancestor. It is a very  accurate test and can reduce the Court's time by yearsand even a decade and more  and more if Courts undertake ruthlessly to ordering suo motu DNA profiling for speedier and surer justice. In some cases  it seems that  Lawyers are not keen to suggest DNA testing to their clients for fear that the case may be resolved within weeks.

 

  Our National Emblem carries the   Motto  " SATYAMEV JAYATE"" Let the truth prevail."  

 

A similar Roman Maxim is engraved in the Supreme court's Chamber in Columbia ,  USA. It reads 

 

" FIAT JUSTICIA, RUAT CAELUM"   means  "LET JUSTICE BE DONE EVEN THOUGH THE VERY HEAVENS MAY FALL"


LAW COMMISSION, Bar council of India and other legal luminaries  should take up the case for the  desireability of making DNA profiling an  essential accessory to Evidence gathering iin a caes  where it is  called for without let or hindrance or objections from the black gowned fraternity or anybody else

Dr ANAND P GUPTA
BSc,BA,BA (Honours) MA PhD

Dr G V Rao (Advocate)     17 December 2013

sir, at the start let me assure u that DNA test  is not accurate....it is a test which includes a person to the exclusion of the rest. the probability of the exclusion is what is to be tested on the floor of the court. it is unfortunate the dna testing reports are being admitted in scores without proper authentication. i have been trying to stop such practices with some advocates seeking my help but unable to reach all of them....therefore i feel that the concept of dna testing being done in India is inaccurate...


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