 "Kenya diplomat’s son accused of sexually assaulting 5-yr-old: Why police cannot act, MEA has to step in")
The son of a Kenyan diplomat is under investigation for allegedly sexually assaulting a five-year-old girl.
A class 12 student at a South Delhi school, he has been suspended after the incident took place on a school bus six months ago.
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The incident took place in August 2024, and an FIR was registered in September. The survivor is a class 1 student and the accused is an adult, according to the police.
Despite the FIR, no police action has been taken against the accused so far.
What happened in the case? And why are the police not able to take any action?
The incident: What happened?
The girl’s parents found out about the incident after she began experiencing frequent urination. A medical examination confirmed the assault and two doctors verified the findings, The Print reported.
Although an FIR was registered in September last year, the child was initially unable to identify the accused.
On November 11 last year, she named the suspect. Her parents immediately informed both the school authorities and the police. However, they claim that the school did not take any action, while the police stated they had written to the Ministry of External Affairs.
The accused, a Kenyan national, is alleged to have **sexually abused** the minor twice. In one of the instances, the girl’s parents claim that the accused’s sister was present and asked him to stop, as per the report.
“When we first approached the school authorities regarding the matter, they told us the student involved was a 16-year-old Nigerian," the girl’s father told The Times of India.
“Our daughter was called to the school to identify him, but he was not present that day, and the teachers told us he was on a field trip. Since we believed he was 16, we thought of approaching his parents to resolve the matter differently, considering he was a minor.”
However, during the police investigation, the Child Welfare Committee found that the accused was actually 19 years old, a Kenyan national, and the son of an embassy official.
According to the FIR, the accused allegedly touched the child’s private parts, which caused an injury. The girl also recalled seeing him wearing a yellow shirt on two occasions while travelling on the school bus, The New Indian Express reported.
The FIR further stated that the child, who is terrified of the accused, first raised concerns when she began using unexpected words like “boobs” and “God promise.” She also repeatedly mentioned the phrase “secret promise,” which raised suspicions, according to the publication.
Why police cannot take action against the accused
Although an FIR has been registered under Section 75(2) of the **Bharatiya Nyaya Sanhita (BNS)** and Section 10 (aggravated sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, no legal action has been taken against the accused so far.
This is due to diplomatic immunity. A senior Delhi Police officer told The Print that the accused is protected under diplomatic immunity, leaving the survivor’s family struggling for justice.
For any legal action to proceed, a waiver of immunity is required.
Quoting government sources, The Print reported that the matter is under review, with multiple legal aspects being examined. Ministry officials are also in touch with the police, they added.
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What is diplomatic immunity?
Diplomatic immunity is a special protection granted to foreign diplomats and their families, preventing them from being arrested or prosecuted in the host country. This means that even if they violate local laws, authorities cannot take legal action against them.
As per the 1961 Vienna Convention on Diplomatic Relations, the “immunity from the jurisdiction of diplomatic agents and of persons enjoying immunity” can only be waived by the sending country - in this case, Kenya.
The convention also states that family members of a diplomat who live with them and are not citizens of the host country receive the same immunity as the diplomat.
Instead of facing local legal proceedings, any legal issue involving them must be addressed through their home country’s government. This rule allows diplomats to carry out their duties without fear of undue pressure or legal harassment.
However, in serious cases, the home country has the authority to waive this immunity, allowing for an investigation or legal action to proceed.
Why MEA has stepped in
The Ministry of External Affairs (MEA) has formally requested the Kenyan government to revoke the immunity granted to the accused, who is a close family member of a diplomat.
“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 told The New Indian Express.
The case has led to widespread protests outside the school, with parents demanding action against the accused. However, despite the complaint being filed, the parents claim that no major progress has been made.
The girl’s father also alleged that the school administration failed to take any action against the accused student.
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