BHABANI PRASAD JENA versus CONVENOR SECRETARY, ORISSA STATE COMMISSION FOR WOMEN & ANR.

Citation: [2010] 9 S.C.R. 457 · Decided: 03-08-2010 · Supreme Court of India · Bench: AFTAB ALAM · Disposal: Appeal(s) allowed

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2010] 9 S.C.R 457 
BHABANI PRASAD JENA 
v. 
CONVENOR SECRETARY, ORISSA STATE COMMISSION 
FOR WOMEN & ANR. 
(Civil Appeal No. 6222-6223 of 2010) 
AUGUST 03, 2010 
[R.M. LODHA AND AFTAB ALAM, JJ.] 
Orissa (State) Commission for Women Act, 1993 - s.10 
A 
B 
-
Extent of power of the State Commission for Women 
C 
constituted under s.3 of the Act - Discussed - Held: The Act 
has not entrusted the State Commission with the power to take 
up the role of a court or an adjudicatory tribunal and 
determine the rights of the parties - The State Commission 
is not a tribunal discharging the functions of a judicial 
D 
character or a court - On facts, the State Commission had 
no authority, competence or power to order ONA test pursuant 
to a complaint filed by a woman alleging torture at the hands 
of her husband and in-laws. 
Constitution of India, 1950 - Article 226 - Power of Court E 
in directing DNA test - Scope - Writ petition challenging the 
order passed by the Orissa State '::ommission for Women -
High Court issued direction for ONA test of a child and the 
appellant who, according to the mother of the child, was its 
F 
father - Propriety of- Held: Not proper- DNA test in a matter 
relating to paternity of a child should not be directed by the 
court as a matter of course or in a routine manner, whenever 
such a request is made - The court has to consider diverse 
aspects including presumption under s. 112 of the Evidence 
Act; pros and cons of such order and the test of 'eminent need' 
G 
whether it is not possible for the court to reach the truth without 
use of such test - Any order for DNA test can be given by 
the court only if a strong prima facie case is made out for such 
a course - On facts, the High Court exceeded its jurisdiction 
457 
H 
458 
SUPREME COURT REPORTS 
[2010] 9 S.C.R. 
A in passing the impugned order over-looking a very material 
aspect that the matrimonial dispute between the parties was 
already pending in the court of competent jurisdiction -
Evidence Act, 1872 - s. 112. 
8 
The appellant filed a petition under Section 25(iii) of 
the Special Marriage Act, 1954 for declaration that the 
marriage between him and respondent no.2, was a nullity 
and was not consummated. While the matrimonial 
proceedings were still pending, respondent no.2 filed a 
C complaint before the Orissa (State) Commission for 
Women alleging that due to torture meted out to her by 
the appellant and his family members and other issues, 
they have separated and that she has no source of 
income and was pregnant. 
D 
The State Commission directed the appellant to pay 
maintenance to respondent no.2, and also ordered for her 
DNA test. The appellant filed writ petition before the High 
Court contending that'he had not fathered the child in the 
womb of respondent no.2. The High Court upheld the 
E order passed by the State Commission and further 
directed that DNA of the child as well as the appellant be 
conducted. 
In the instant appeals, two questions arose for 
consideration -first, the extent of power of the State 
F Commission for Women constituted under Section 3 of 
the Orissa (State) Commission for Women Act, 1993 and 
then, as to whether the High Court of Orissa was justified 
in issuing direction for deoxyribonucleic acid test (DNA) 
of the child and the appellant who, according to the 
G mother of the child, was its father suo motu. 
Allowing the appeals, the Court 
HELD:1.1 The Orissa (State) Commission for Women 
H Act, 1993 was enacted by the Orissa State Legislature to 
BHABANI PRASAD JENA v. CONVENOR SECY. 
459 
ORISSA S.COMN. FOR WOMEN 
constitute a.state Commission for Women and to provide 
A 
for matters connected with or incidental thereto. The State 
Commission hi. broadly assigned to take up studies on 
issues of economic, educational and healthcare that may 
help in overall development of the women of the State; 
gather statistics concerning offences against women; 
probe into the complaints relating to atrocities on women, 
deprivation of women of their rights in respect of 
minimum wages, basic health; maternity rights, etc. and 
upon ascertainment of facts take up the matter with the 
concerned authorities for remedial measures; help c 
women in distress as a friend, philosopher and guide in 
enforcement of their legal rights. However, no power or 
authority has been given to the State Commission to 
adjudicate or determine the rights of the parties. [Para 8) 
[468-B-E) 
B 
D 
1.2. The provisio

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