NEW DELHI: The Ministry of External Affairs (MEA) has sought the waiver of diplomatic immunity for the son of a Kenyan diplomat posted in New Delhi who is accused of sexually assaulting a five-year old girl in a city school. On February 19, TNIE had reported that the MEA sought the waiver of diplomatic immunity granting of which will help the police to investigate the case.
“We have requested the Kenyan government to waive diplomatic immunity of the person concerned so that the investigation into the matter can go forward,” said MEA spokesperson Randhir Jaiswal said on Friday. He said that the government was pursuing the matter with Kenya.
According to the 1961 Vienna Convention on Diplomatic Relations, the “immunity from jurisdiction of diplomatic agents and of persons enjoying immunity” can be waived by the sending state, in this case, Kenya.
Under the Vienna convention, family members of a diplomatic agent who are part of his household and are not nationals of the receiving state enjoy the same privileges and immunities as the diplomatic agent.
“The accused has been rusticated by the school. I know that the MEA has asked the Kenyan embassy to revoke the accused father’s diplomatic immunity,” the survivor’s mother said told this newspaper on Tuesday.
The alleged incident took place last August and an FIR was lodged on September 18 under Section 75(2) (sexual harassment) of Bharatiya Nyaya Sanhita and Section 10 (aggravated sexual assault) of the Pocso Act in the Greater Kailash police station.