Delhi HC Stresses Tough Stance on Child Abuse

The Delhi High Court recently emphasized the need for a stringent judicial approach towards child sexual harassment and voyeurism due to the severe impact these crimes have on young victims. The court highlighted the long-term physical and mental consequences of such offenses, stating that leniency would deter victims from seeking justice. Justice Swarana Kanta Sharma remarked that a firm judicial stance encourages victims and their families to report these crimes, reducing the stigma and ensuring serious handling of such cases. The court's order from July 1 also underscored that victim shaming must not be tolerated, as it hinders genuine victims from reporting offenses.

The court further noted that strong judicial pronouncements are crucial in acknowledging the trauma endured by victims and shaping societal attitudes towards these crimes. Recognizing the profound impact of voyeurism and harassment helps in the psychological healing of victims and assures them that their suffering is acknowledged by the legal system. Additionally, strict legal actions serve as a deterrent to potential offenders, demonstrating the proactive stance of the legal system.

The case in question involved a 22-year-old man appealing his conviction for voyeurism and child sexual harassment. Employed as a house help, the appellant was accused of filming the teenage victim while she was changing clothes. The victim discovered the recordings on his phone and reported the incident to her parents, leading to his arrest. The trial court convicted him under the Indian Penal Code and the Protection of Children from Sexual Offences Act (POCSO Act), sentencing him to three years in prison and a fine of 71,000 rupees. The appellant's defense claimed the videos were planted by the victim's father to avoid paying his salary. The High Court rejected this argument, calling it implausible and criticizing any attempts to shame the victim and her family. The court stressed the importance of protecting child victims from secondary trauma caused by unfounded accusations and demeaning narratives.

"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 suffering from such harassment and assault. This is equally crucial for their psychological healing. This acknowledgement in cases where such offenses are proved beyond reasonable doubt assures the victims that their experiences have been accepted to be true and the trauma undergone by them has not only been recognized by the criminal justice system but also recognizes the gravity of the violation they have endured. The broader community also feels the impact of judicial pronouncements in these cases. 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," the Court said.

The court also acknowledged the severe impact of the trauma on the victim's education and career, noting that she had to leave the country for further studies. The court concluded that the appellant did not merit any leniency regarding his conviction or sentence. It emphasized that the judiciary must ensure that children do not have to leave their homeland due to such trauma, and the legal system must provide a sense of justice and security to help victims reclaim their lives.

Download the judgment here.