LegalNews – Delhi High Court Upholds Minor Survivor’s Right to Privacy

LegalNews – The Delhi High Court has stressed that a survivor of sexual assault cannot be forced to undergo an internal medical examination against her will, especially in cases involving children. The observation came while the court was hearing a bail plea filed by a man accused of sexually assaulting his 11-year-old stepdaughter and threatening her to remain silent about the incident.

According to the prosecution, the accused, believed to be a Bangladeshi citizen, allegedly assaulted the child, who was born in Uttar Pradesh. The case reached the High Court after the accused sought bail, maintaining that he had been falsely implicated. He also questioned the age of the survivor, claiming she was older than stated in official records.

Court Rejects Defence Argument on Medical Examination

During the hearing, the defence argued that the child’s mother had agreed to an internal medical examination, but the survivor herself refused to undergo the procedure. The accused’s lawyer attempted to use this refusal as a basis for seeking bail.

Justice Girish Kathpalia, however, firmly rejected the submission and observed that a child’s bodily autonomy must be respected. The court noted that forcing a survivor to undergo such an examination despite her unwillingness would further deepen her trauma.

The judge stated that the authorities cannot compel a young girl to consent to an invasive medical procedure merely for the purpose of investigation. The court underlined that protecting the dignity and emotional well-being of a child survivor remains equally important during criminal proceedings.

Age Dispute Also Dismissed by High Court

The accused had also challenged the survivor’s age in an attempt to weaken the prosecution’s case. The defence claimed that the girl was “much older” than 11 years at the time of the alleged offence.

However, the High Court pointed out that the accused himself had earlier submitted an affidavit before school authorities confirming the child’s date of birth. Based on that official declaration, the court accepted that the survivor was 11 years old when the alleged incident took place.

Justice Kathpalia further observed that when the court questioned the defence regarding what exact age the accused believed the survivor to be, no clear answer was provided.

Consent Not Raised in Defence Plea

The court also highlighted another significant aspect during the hearing. It noted that the defence had not argued that the alleged act was consensual. Because of this, the court said that even if there were arguments regarding the survivor’s age, it would not substantially benefit the accused in the present matter.

The judge remarked that the absence of any plea regarding consent weakened the relevance of the defence argument concerning adulthood or minority. The court indicated that the focus of the case remained on the allegations of sexual assault and intimidation made by the prosecution.

Bail Plea Denied Amid Serious Allegations

After considering all submissions, the High Court declined to grant bail to the accused. The court found no merit in the arguments raised by the defence and maintained that the seriousness of the allegations, along with the material placed before the court, did not justify relief at this stage.

The ruling has drawn attention to the broader issue of safeguarding the rights and dignity of survivors, particularly minors, during criminal investigations. Legal experts believe the observations made by the court reinforce the importance of consent and bodily integrity in sensitive cases involving children.