he Lahore High Court has ruled that in cases of rape or birth without a marriage, the biological father can be ordered to financially support the child. The ruling has far-reaching implications for the legal, social and ethical fabric of the society. On one hand the order underscores the importance of accurate determination of parentage; on the other hand, it highlights the critical role of DNA technology in ensuring justice in cases of sexual violence and disputed parentage.

Every person inherits their unique DNA from their biological parents. Advancements in DNA technology have made it possible to establish paternity with a high degree of accuracy. DNA testing, using saliva, skin tissue, blood, hair or semen, has become a powerful tool in connecting perpetrators to crimes, including sexual assault. Over the past decade, DNA technology has gained widespread acceptance in legal systems worldwide and is increasingly used by law enforcement, prosecutors, defence lawyers and courts.

The use of DNA evidence in legal proceedings is not free from complications, however, particularly in cases involving paternity disputes. Under Pakistani law, DNA testing is discouraged in paternity cases. However, the Lahore High Court’s recent judgment seems to acknowledge its value in cases involving sexual assault and children born outside of marriage. This distinction is crucial because it acknowledges the unique circumstances of such cases.

Under Pakistani law, a man is considered the legal father of a child if he is married to the child’s mother and the child is born while the marriage is intact or soon after its dissolution (Article 128 of the Qanun-i-Shahadat Order, 1984). However, this legal framework does not adequately address the situations where a child is born as a result of rape or outside of marriage. The Lahore High Court’s ruling seems to fills this gap.

The judgment aligns with the principles established in Salman Akram Raja vs Government of Punjab (2013 SCMR 203), where the Supreme Court of Pakistan emphasised the importance of DNA testing in cases of sexual offenses. The court ordered mandatory DNA testing and the preservation of DNA samples in all cases of sexual assault, recognising DNA testing as a reliable method for identifying perpetrators of crime and ensuring justice. The SC ruling in the case was prompted by the tragic story of a young rape victim who attempted suicide after being unable to pursue legal action against her assailants. The court’s decision underscored the need for a robust legal framework to support victims of sexual violence and hold the perpetrators accountable.

The use of DNA evidence in legal proceedings is not free from complications, particularly in cases involving paternity disputes.

The LHC judgment makes a distinction between biological and legal fatherhood, a distinction sometimes blurred in public discourse. A biological father is the man who contributed to the conception of a child, while a legal father is the man recognised as the child’s father under the law, typically through marriage. In cases of rape or birth outside of marriage, the child may be vulnerable to economic marginalisation.

The court’s ruling affirms the biological father’s responsibility for the child’s maintenance and care. This decision is particularly significant in the context of Islamic law. The mother in such cases is entitled to custody and guardianship, to the exclusion of the father. However, this framework leaves single mothers and their children in a precarious situation, with limited financial support.

The Lahore High Court judgment does not overturn these principles. However, it provides a pragmatic solution to address a practical challenge. By holding the biological father liable for maintenance, the court seems to have ensured that the child’s basic needs are met.

The decision has significant implications for the society and the legal system. It reaffirms the importance of DNA technology in ensuring justice, particularly in cases of sexual violence. The judgment also highlights the need for a more inclusive legal framework that addresses the realities of modern society, where traditional notions of marriage and family are increasingly being challenged.

The ruling is a step forward towards recognising the rights of children born outside of marriage. By affirming the biological father’s liability for maintenance, the court has provided a measure of financial security for these children and their mothers.

However, the judgment also raises important questions about broader legal and social implications of using DNA evidence in paternity cases. DNA testing is a powerful tool but it must be used judiciously and in accordance with legal and ethical standards.

The verdict also underscores the need for a more comprehensive legal framework to address the challenges faced by single mothers and their children. As society continues to evolve, the legal system must adapt to ensure that the rights and dignity of all individuals are protected. The Lahore High Court’s judgment is a reminder that justice, compassion and rule of law must guide our efforts to build a more inclusive and equitable society.

The author is an advocate of the Sindh High Court. He has a doctorate in law from SZABUL. He can be reached at advocate.ahmed@ymail.com