NEW DELHI: The parents of the five-year-old girl, who was allegedly sexually assaulted by a Class 12 student, son of a Kenyan diplomat, have approached the Delhi High Court, demanding action against the accused, including his designation as Persona Non Grata (PNG). The petition seeks to strip him of diplomatic immunity, allowing Indian authorities to prosecute him under local laws.
Filed against multiple respondents, including Ministry of External Affairs, Delhi Police, the school administration of K R Mangalam, and the Delhi government, the plea seeks to underscore systemic lapses that allegedly hindered the investigation.
The alleged incident occurred in August last year, with an FIR lodged on September 18 under Section 75(2) of the Bharatiya Nyaya Sanhita (sexual harassment) and Section 10 of the POCSO Act at the Greater Kailash police station.
The petitioners argue that since then, the MEA has failed to take decisive steps to facilitate the probe or clarify whether the accused enjoys diplomatic immunity.
Petition blames school for failing to ensure safety in 5-year-old’s assault case
The Ministry of External Affairs has neither provided evidence of the accused’s immunity under the Diplomatic Relations (Vienna Convention) Act, 1972, nor taken steps to allow law enforcement agencies to interrogate him,” the petition says.
The plea urges the HC to direct MEA to issue a certificate under Section 9 of the Diplomatic Relations (Vienna Convention) Act, 1972, confirming whether the accused is entitled to diplomatic privileges. The petition requests that MEA engages with the Kenyan government to seek a waiver of diplomatic immunity under Article 32 of the Vienna Convention on Diplomatic Relations, 1961.
The petition also blames the school authorities for failing to ensure safety. The plea states that the school did not comply with the Guidelines on School Safety and Security, 2021, issued by the Ministry of Education’s Department of School Literacy & Education. It argues that the negligence contributed to the incident, making the school complicit in the matter.
The case raises questions about diplomatic immunity, child safety, and accountability. Under Sections 29 and 30 of the POCSO Act, 2012, the law presumes that the accused has committed the offence unless proven otherwise. However, diplomatic barriers have stalled legal proceedings, leading to a judicial push to override immunity in cases of sexual offenses involving minors. With the matter now before the HC, the case could set a precedent for how India navigates diplomatic immunity in cases of heinous crimes.
Plea against MEA, school
The alleged incident took place in August last year, with an FIR lodged on Sept 18 at the Greater Kailash police station against son of a Kenyan diplomat.