Judiciary Taking Firm Stand Against Child Sexual Harassment Encourages Victims, Their Families To Report Crimes: Delhi High Court
The Delhi High Court has observed that when the judiciary takes a firm stand against child sexual harassment, it encourages victims and their families to report such crimes and reduces the stigma associated with seeking justice and ensuring that cases are handled with the utmost seriousness.Justice Swarana Kanta Sharma said that victim and victim's family shaming must not be allowed as it will...
The Delhi High Court has observed that when the judiciary takes a firm stand against child sexual harassment, it encourages victims and their families to report such crimes and reduces the stigma associated with seeking justice and ensuring that cases are handled with the utmost seriousness.
Justice Swarana Kanta Sharma said that victim and victim's family shaming must not be allowed as it will be a deterrent and road block in the real victims reporting such offences to the authorities.
“For victims, judicial pronouncements that recognize and articulate the profound impact of voyeurism on them and their families put a healing balm on the wounds of sufferance from such harassment and assault. This is equally crucial for their psychological healing,” the court said.
It added that strict legal actions against perpetrators act as a deterrent, discouraging potential offenders by demonstrating that the legal system is proactive and uncompromising in dealing with such crimes.
Justice Sharma made the observations while dismissing the plea moved by a man challenging his conviction in a voyeurism and sexual harassment case involving a minor. He also challenged his sentence of three years of simple imprisonment.
The court said that the case unfolds story of a minor child who suffered voyeurism, sexual harassment and outraging of her modesty within the four walls of her home at the hands of one of their helping staff employed by her father.
“It also unfolds the dangers of a small device of mobile phone being used in commission of the present offence and the potential dangers of the electronic devices being used for commission of such offences,” the court said.
Dismissing the plea, the court said that the criminal adjudicatory justice system has a paramount duty to protect the most vulnerable, particularly children, from any form of secondary trauma caused by unjust accusations or demeaning narratives.
It said that the Court must take a firm stand against any attempts to malign the character of child victims or use victim shaming and victim family shaming as tools and pawns in legal strategies.
“This Court shudders to think of the eventuality in case the videos were shared by the appellant or were misused by him in any other manner as to how it would have impacted the child victim and her family. It was their good fortune that on the day he had recorded the last video, he was caught. To take a lenient view in such cases would send the wrong message to the society, where the majority of people own mobile phones, that even by indulging in such acts, a person can be handed down lenient punishment,” the court said.
Furthermore, Justice Sharma said that it is imperative that the judiciary ensures children in this country are not forced by such trauma to leave their homeland.
Title: PINTU DAS v. STATE GOVT OF NCT OF DELHI
Citation: 2024 LiveLaw (Del) 742