On Monday the Supreme Court refused to consider a woman's petition, claiming to be the biological daughter of former Chief Minister Tamil Nadu Jayalalithaa, for a DNA test to determine her filiation.
A bank of judges Madan B However, Lokur and Deepak Gupta allowed the woman, identified as Amrutha and represented by Indira Jaising, to be free to seek other legal remedies.
The petition under Article 32 of the Constitution asked the court "to allow the members of Ms. Jayalalithaa's family to cremate her body according to the rites, rituals and customs of Vaishnava Iyengar – Brahmin Community to the who belong Jayalalitha and the members of his family. "
The petition sought urgency because these rituals must be done before the expiration of one year since Mrs. Jayalalithaa's death on December 5.
The petition also sought an address to exhume Ms. Jayalalithaa's body to perform the DNA test.
"In accordance with Article 21 of the Constitution of India, every citizen has the right to live with dignity and includes the right to know … the petitioner wishes to know his identity through his natural / biological mother," he said. the petition.
He referred to a Supreme Court trial in the ND Tiwari case that "every adopted person has the right to know his identity and the right to receive information about his birth, if it is in his best interest".
"The right to know the origins of one means the right to know paternity, that is, the biological family and the promotion and conditions of one's birth"
Discussing for her, Ms. Jaising said that the petitioner, who claims to have been born in 1980, has "good memories" of Ms. Jayalalithaa.