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Presumption as to Legitimacy : A Time to Reconsider Section 112 of the Evidence Act in the Light of Developments in Medical Science

By Varad A. Deore

Published In

CRI LJ 2011

Introduction Mother is Truth, Father is Faith” Is not merely a saying in old wisdom, it is also a strict legal presumption. Just that in law, it is simply articulated a little differently- “Maternity is always certain. Paternity is a matter of inferences.”  And it is on these legal presumptions of old wisdom that our modern law is based upon. The problem is modern scientific developments are shattering these principles. The problem is that the ancient law as to legitimacy is yielding absurd results in modern times. The question “How adequate is the ancient law as to legitimacy in these modern times of surrogacy, sperm banks, in vitro fertilizations and of course, the much debated- DNA testing?” stares the modern jurist in the face. This article is an attempt to answer that question. It is needless to mention that it concludes that the law is grossly inadequate, the legal presumptions disposable and the need- a ne ....

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