New Delhi
Rights of child victims of sexual assault cannot be negated merely because of parents choosing to settle the dispute among themselves, the Delhi high court held while refusing bail to a man accused of raping his 13-year-old daughter.
“Victims of sexual assault, particularly minor children, have independent rights under the law, which cannot be negated merely because their parents have chosen to settle disputes among themselves,” a bench of justice Swarana Kanta Sharma said in her March 20 verdict, released on Thursday.
She added, “The legal system recognises the rights of every child, and even in situations where their own parents fail to stand by them or support them, the court has a bounden duty to uphold their voice, protect their rights, and ensure that justice is served in accordance with the law.”
The matter arose from a plea filed by a man seeking bail in a case registered last year under sections of rape, hurt and penetrative sexual assault under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (Pocso) Act. The FIR was registered by the victim’s mother at her instance. The victim alleged that her father sexually assaulted her repeatedly and also threatened her against telling her mother about it.
The man, represented by senior advocate Ramesh Gupta in the high court, contended he had been falsely implicated due to ulterior motives and the FIR was an afterthought, allegedly orchestrated by his wife. He further submitted that his wife previously filed an FIR for cheating, which was later quashed pursuant to a compromise between the couple.
The Delhi Police, represented by additional public prosecutor (APP) Naresh Kumar Chahar, argued that a previous compromise between the couple could not be a ground to argue that the present case was false and the fact of the accused being the victim’s biological father added to the gravity of the offence. The APP said that releasing the man on bail could result in him influencing the victim.
In her nine-page order, the court shot down the man’s submissions that the FIR had been lodged to settle marital discord, calling the same unmeritorious. “The right of a victim of sexual assault to report cannot be viewed with suspicion solely because the allegations pertain to incest. The prosecutrix, who is a minor, cannot be deprived of her right as an individual to seek justice merely because her parents are embroiled in litigation,” justice Sharma said.
Consequently, the court termed the present case “grave” and “distressing”, remarking that the minor was not only subjected to the trauma of the ongoing dispute between her parents but was also allegedly sexually assaulted by her own father.
“The psychological and emotional burden on the prosecutrix cannot be overlooked, as she was placed in a deeply vulnerable position, being harassed and traumatised both by the discord between her parents and the alleged acts of sexual violence committed against her,” the court said.
