She noted that even if a child’s parents do not support them or fail to protect them, the judiciary has a serious responsibility to ensure justice for them.
New Delhi: 3rd April: The Delhi High Court has made it clear that victims of sexual assault, especially children, have their own rights under the law. These rights cannot be ignored just because their parents have decided to settle their issues privately.
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The order was recently passed by a bench led by Justice Swarna Kanta Sharma. The judge stressed that the legal system gives top priority to the rights of children.
She noted that even if a child’s parents do not support them or fail to protect them, the judiciary has a serious responsibility to ensure justice for them.
The court must “amplify their voice, safeguard their rights, and deliver justice in accordance with the law.”
The court was hearing a case under the Protection of Children from Sexual Offences (POCSO) Act. A minor girl had accused her father of sexually assaulting her, and an FIR had also been filed against her mother for not informing the authorities about the incident. Earlier, the mother had registered a rape case against her husband, but later, both parents had settled their disputes among themselves.
The father had applied for bail, arguing that the complaint was false and made out of revenge. He also claimed that the mother was using their daughter to settle personal disputes and to extort money from him.
However, the Delhi High Court dismissed his bail plea and refused to accept his arguments. The court made it clear that such claims could not override the child’s right to justice. It ruled that the allegations were serious and needed proper legal scrutiny.
The bench noted that the case was extremely disturbing and painful. A minor child had not only suffered the trauma of her parents’ conflicts but also the horrifying experience of alleged sexual assault by her own father.
The court highlighted the emotional and psychological suffering of the girl.
It pointed out that she was in a very “vulnerable position, subjected to both the discord between her parents and the alleged acts of sexual violence.”
