Justice Swarana Kanta Sharma recorded the observation in an order on March 20, while denying bail to a man accused of sexually assaulting his minor daughter. Justice Sharma, while refusing to accept the accused’s plea, recorded, “...the arguments... contending that the complaint is rooted in a revengeful motive and that the complainant mother has used her daughter to settle marital discord or extort money from the accused, is not found meritorious at this stage.” The Delhi High Court has recently held that when it comes to minors, even in situations where their “parents fail to support them”, the court has a “bounden duty to uphold their voice” and “protect their rights”. Justice Swarana Kanta Sharma recorded the observation in an order on March 20, while denying bail to a man accused of sexually assaulting his minor daughter.

Arguing that the accusations were baseless, the man had claimed that the FIR lodged against him was an afterthought, allegedly orchestrated by the minor’s mother owing to matrimonial disputes, with domestic violence cases involving the couple currently pending. Justice Sharma, while refusing to accept the accused’s plea, recorded, “…the arguments… contending that the complaint is rooted in a revengeful motive and that the complainant mother has used her daughter to settle marital discord or extort money from the accused, is not found meritorious at this stage.” “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. The right of a victim of sexual assault to report cannot be viewed with suspicion solely because the allegations pertain to incest,” the court reasoned. Noting that “it is the child herself who had made a distress call to the police, and reported the incidents of sexual assault committed upon her by her father”, the court also recorded that her mother has been booked for failing to report the incident of sexual assault to the authorities. Rejecting the bail plea, the court said, “…the case presents a distressing and grave situation where a minor victim has allegedly not only been subjected to the trauma of her parents’ ongoing disputes but has also allegedly been 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…”

 “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. 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,” it added.