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The Delhi High Court emphasised that victims of sexual assault, especially minor children, possess independent rights under the law that cannot be dismissed simply because their parents have chosen to settle disputes among themselves.
In an order passed recently, the bench of Justice Swarna Kanta Sharma highlighted that the legal system prioritises the rights of every child, ensuring that even when parents fail to support or stand by them, the judiciary has a solemn duty to amplify their voice, safeguard their rights, and deliver justice in accordance with the law. The court was examining a POCSO case where a minor girl accused her father of sexual assault, and an FIR was filed against the mother for failing to report the incident to the authorities. Meanwhile,the mother had earlier lodged a rape complaint against her husband, which was subsequently settled between them. The Delhi High Court dismissed the father's bail plea, outright rejecting his argument that the complaint stemmed from a revengeful motive or that the mother had used her daughter to settle marital disputes or extort money. The court observed that the case highlights a deeply distressing and grave situation, where a minor victim has allegedly endured not only the trauma of her parents' ongoing disputes but also the harrowing experience of sexual assault by her own father. The court emphasised the psychological and emotional toll on the prosecutrix, noting that she was placed in a highly vulnerable position, subjected to both the discord between her parents and the alleged acts of sexual violence. (ANI)
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