Judiciary taking firm stand against child sexual harassment would encourage reporting of crimes: Delhi High Court

Justice Sharma said that this acknowledgment by courts in such cases, where the offences are “proved beyond reasonable doubt”, assures the victims that their experiences are accepted as “true” and their “trauma” has been recognized by the criminal justice system.

“When the judiciary takes a firm stand against child sexual harassment, it encourages victims and their families to report such crimes, reducing the stigma associated with seeking justice and ensuring that cases are handled with the utmost seriousness…victim-shaming and the shaming of the victim’s family must not be allowed as it will be a deterrent and road block in the real victims reporting such offences to the authorities,” the HC underscored.

The court further said that the judiciary helps set societal norms and expectations concerning protection of children by “consistently condemning voyeuristic acts and emphasising the sanctity of a child’s privacy and dignity”. This, the HC said, contributes to establishing a culture which prioritizes child safety.

The HC made the observations while dismissing a man’s plea against his conviction by a trial court in a sexual harassment and voyeurism case involving a minor girl. He had also challenged his sentence of three years’ simple imprisonment.

The HC observed that the matter unfolds the story of a “child victim who had to suffer offence of voyeurism, sexual harassment and outraging of her modesty within the four walls of her home” at the hands of a “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 HC underscored.