The Ministry of Exterior Affairs has sought the waiver of diplomatic immunity for the son of a Kenyan diplomat posted in New Delhi who’s accused of bodily assaulting a five-year-old in a Delhi college. Despite the fact that a grievance was lodged final yr by the minor woman’s dad and mom after the incident, investigations couldn’t proceed on account of diplomatic immunity that the accused enjoys within the host nation.
“Now we have requested the Kenyan authorities to waive diplomatic immunity of the individual involved in order that the investigation within the matter can go ahead,” mentioned MEA spokesperson Randhir Jaiswal on Friday, whereas briefing reporters. He mentioned the federal government was pursuing this matter with Kenya.
The accused, a category 12 scholar at a South Delhi college, was suspended after the incident occurred on a faculty bus in August 2024. Whereas an FIR was registered in September, police recognized and named him as an grownup in November.
Resulting from diplomatic immunity, which protects diplomats and their households from authorized motion within the host nation, no police motion has been taken towards the accused.
Whereas the minor’s dad and mom knowledgeable each the varsity authorities and the police of the incident, they declare that the varsity didn’t take any motion, whereas the police said that they had written to the MEA on this regard.
An FIR has been registered beneath Part 75(2) of the Bharatiya Nyaya Sanhita (BNS) and Part 10 (aggravated sexual assault) of the Safety of Youngsters from Sexual Offences (POCSO) Act. Nonetheless, for any authorized motion to proceed towards the accused diplomat’s son, a waiver of immunity is required.
Diplomatic immunity is a particular safety granted to overseas diplomats and their households, stopping them from being arrested or prosecuted within the host nation. Which means that even when they violate native legal guidelines, authorities can not take authorized motion towards them.
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As per the 1961 Vienna Conference on Diplomatic Relations, the “immunity from the jurisdiction of diplomatic brokers and of individuals having fun with immunity” can solely be waived by the sending nation – on this case, Kenya.
The conference additionally states that relations of a diplomat who dwell with them and aren’t residents of the host nation obtain the identical immunity because the diplomat. The MEA has now requested the Kenyan authorities to revoke the immunity granted to the accused.
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