In 1959, the United Nations General Assembly adopted the Declaration of the Rights of the Child, the first charter of its kind to enshrine basic rights for all children under the age of 18, with the words: “The child is the best that mankind can give.” is what she can give.” Yet, as is well documented, children, because of their vulnerability, are often victims of abuse of power by the very people who are entrusted with their protection. Advances in digital technologies have has helped on many fronts from registration of birth to creating a legal identity for healthcare, but in going further, it should not trample on the integral rights of a child to harmonious upbringing.Fundamental Right to Privacy of a Child Relying on, the Supreme Court of India has ruled that Children cannot be mechanically subjected to DNA testing As a shortcut to establish infidelity in each case between the warring parents. In a petition filed by a man questioning the paternity of his second child, Justices V. Ramasubramanian and BV Nagaratna observed that genetic information throws light on the essence of a person, which goes to the very heart of who he is. The Court said that this “intimate, personal information” is part of a child’s fundamental right. Children have rights, it is pointed out, that their validity cannot be questioned before a court of law.
Instructing the courts to accept that children should not be treated as physical objects, and that they should be subjected to forensic/DNA testing only as a last resort, especially when they are part of divorce proceedings Not being a party, Justice Nagaratna said that it is imperative that the children do not become the focal point of the fight between the husband and wife. While this is a welcome step, a reading of the 1989 UN Convention on the Rights of the Child shows that India has miles to go before every child is guaranteed “special care and support”. Too many childhoods are cut short, and the adage ‘every child has every right’ is often forgotten. India ratified the Convention in 1992 and over the years several laws have been enacted to protect the rights of children, although their implementation has often been poor, failing to protect them from abuse, violence, exploitation or neglect. The principle of the best interest of the child should be at the heart of every aspect of social practice and not just in custody disputes.
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