Legal Presumptions on Legitimacy of Child in the Era of Medical Science

Abstract

This research work mainly deals with the existing provisions in Bangladesh related to the presumption of legitimacy of child. It shows some critical analysis of the traditional laws and statutory laws. This paper also has discussed the laws with various case principles and also tried to show how the Courts are taking decisions regarding this sensitive issue. The issues of presumption of legitimacy of child remained same for long period of time on the basis of religious excuses. Hence this works have tried to show some inconsistency by comparing the relevant laws with the medical science. This research work also has discussed the perspective of other countries and tried to give a comparative study regarding the issue of legitimacy of child. In this work I have tried to show that law shall not be based solely on the former concept because such concept are conflicted with each other and cannot meet the need of this modern age. Both morality and protectionism of law will be assured for ensuring proper justice. This paper mainly focuses on the analysis of legal presumption of legitimacy of child according to the Muslim Laws and section 112 of the Evidence Act, 1872 in the light of modern scientific techniques.