Daijiworld Media Network – New Delhi
New Delhi, Feb 19: A distraught mother in New Delhi is fighting an uphill battle for justice after her five-year-old daughter was allegedly sexually assaulted by a Class 12 student—the son of a Kenyan diplomat. Despite the severity of the crime, the case has been mired in legal complexities due to diplomatic immunity, leaving the family struggling for accountability.
The incident, which reportedly occurred in August last year, was followed by an FIR filed on September 18 at the Greater Kailash police station under the Protection of Children from Sexual Offences (POCSO) Act and Bharatiya Nyaya Sanhita. However, progress has been slow, as legal action against the accused is contingent on Kenya waiving his diplomatic immunity.
Sources indicate that India’s Ministry of External Affairs (MEA) has formally requested the Kenyan government to revoke the immunity of the accused’s father, a diplomat stationed in Delhi. According to the 1961 Vienna Convention on Diplomatic Relations, family members of a diplomatic agent enjoy the same privileges, and legal proceedings can only begin if the sending state—Kenya in this case—agrees to lift immunity.
While the accused has been rusticated from the school, his legal status remains protected, leaving the survivor’s family in distress. "The MEA has approached the Kenyan embassy, but the process is taking too long. We have been waiting for months," the survivor’s mother said.
The child's father recounted the harrowing experience, stating that his daughter was abused twice in August 2023. Medical examinations confirmed sexual assault, after which the family approached the school and police. However, when the school initially questioned students who traveled in the same bus, the accused was missing, with officials claiming he was on a field trip.
Despite filing a complaint, the parents have faced bureaucratic delays. “We were assured by the police that an arrest would be made soon, but by December, we learned from the Child Welfare Committee that the case had been moved to the MEA. Now, we are told the process could take months,” the father explained.
Repeated attempts to reach the school for a statement have gone unanswered.
With diplomatic immunity shielding the accused, the case remains in legal limbo. While India has pushed for action, only Kenya holds the authority to lift immunity, a step necessary for prosecution. As the survivor’s parents wait anxiously for a breakthrough, they continue their fight, hoping their daughter's plea for justice will not be lost in diplomatic corridors.