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[–]16 TRP VanguardTRPsubmitter5 points6 points7 points 12 years ago (1 child) | Copy Link
Nandlal's counsel Anagha Desai argued that a fact could not be brushed under the carpet for the sake of a presumption in law, whereas Manish Pitale, who represented Lata, contended that results of DNA tests should be discarded as the law conclusively presumed that the girl was the legitimate daughter of Nandlal and Lata.
Mind boggling. This is how the feminist culture has pervaded the law. It's altered reality. It literally has provided a basis to disregard solid FACTS. It was 100% proven that this baby is NOT the guy's daughter. FACT. Why is there even a question after that? For a lawyer to be able to even think of continuing the case is mind-boggling.
Glad to see facts prevail. The article says how it was a "wrenching conflict for the bench". Umm, when your laws directly counteract reality (and this isn't even a "controversial" issue), it's time to change your laws, not the science.
[–]McDoogleSnatch 1 point2 points3 points 12 years ago (0 children) | Copy Link
I don't think this was a "feminist culture" mantra at all. For 140 years, there were no legitimate ways of determining a child's parentage with accuracy. Thus, the society made a bargain: If she's married, chances are the kid belongs to the spouse. In all fairness, that was probably more right than wrong.
The "feminist culture" aspect shows itself when, in response to such a decision, cries fowl and argues that it doesn't matter who the real father is, but that the spouse step up and provide financial help to the mother and child anyway.
[–]TRP VanguardHumanSockPuppet2 points3 points4 points 12 years ago (0 children) | Copy Link
In our opinion, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former
You know you've got a serious case of wishful thinking when proof can be "envisaged".
Still, it's good that India is conceding to the idea of evidence-based jurisprudence. Not like the majority of we Western nutjobs who think that a woman's feelings count as probable cause.
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[–]16 TRP VanguardTRPsubmitter5 points6 points7 points (1 child) | Copy Link
[–]McDoogleSnatch 1 point2 points3 points (0 children) | Copy Link
[–]TRP VanguardHumanSockPuppet2 points3 points4 points (0 children) | Copy Link