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Revitalizing Legitimacy: Necessitating Amendement Of Sec 112 In The Era Of Assisted Reproduction Technology




Yash Kothari, B.B.A. LL.B. (H), Symbiosis Law School, Pune


ABSTRACT


This research article presents a comprehensive analysis of Section 112 of the Indian Evidence Act, which holds significant importance in establishing the legitimacy of a child. The primary objective of this article is to conduct a thorough analysis of the historical and legal foundations of Section 112. The objective of this research study is to examine the enduring relevance of this particular section in relation to societal shifts and technological advancements. This article delves into the complex nature of paternity presumptions and its impact on legal determinations, through an analysis of prominent cases and judicial interpretations.


Furthermore, the article offers a comprehensive assessment of the rigidity of Section 112, specifically examining cases pertaining to non-conventional family arrangements and assisted reproductive technologies. By integrating scholarly viewpoints and legal precedents, this article seeks to make a scholarly contribution to the ongoing dialogue surrounding the Law of Evidence by advocating for a more nuanced re-evaluation of Section 112 in order to bring it into line with the current legal environment.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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