Delhi High Court closes case against woman for failing to report sexual abuse of her minor daughter by her husband

New Delhi: The Delhi High Court has quashed criminal proceedings against a woman for failing to report the alleged sexual abuse of her 16-year-old daughter by her husband, noting that the woman was also subjected to severe abuse in her matrimonial home.

The minor was allegedly sexually abused and beaten several times by her father.

Justice Anish Dayal quashed the charge against the woman under Section 21 (punishment for failure to report or record a case) of the Protection of Children from Sexual Offences (POCSO) Act, saying that such proceedings would cause serious harm to her and her daughter who is entirely dependent on her for her livelihood.

Although there was a delay, the woman later reported the alleged crime herself “immediately” after taking her daughter to a psychiatrist despite serious threats from her husband and his family and ignoring them, the judge found.

“This is a classic case where a victim has turned herself into an accused by applying a statutory provision, totally detached from the facts and circumstances of the case. A mother is to be prosecuted for delaying the report of a sexual offence against a child by her own husband, even though the mother herself was allegedly subjected to severe sexual and other abuse in her matrimonial home,” the judge said in a recent order on a petition filed by the mother challenging the charges against her.

“In this case, it would be simply unfair not to take into account the fact that the mother, who was herself a victim of sexual abuse, did not report the crimes reported to her by her child,” the court said in awarding the compensation.

It further said that the trial against the woman's husband would, however, continue in accordance with the law.

The girl, now a school principal, claimed that her father sexually abused her in seventh grade and warned her not to report the alleged incidents.

The victim stated that when the “inappropriate behavior” continued, she told her mother about it, which led to an argument between her parents and that the father also allegedly threatened to beat the mother.

According to the plaintiff's testimony before a judge, she took her daughter to a psychiatrist for help on June 5, 2021, and filed a police report the next day, which led to the father's arrest.

The court then granted him bail.

It was also alleged that the father had unnatural sexual intercourse with the victim's mother, who was also beaten by the grandmother.

In March 2023, the court had summoned the complainant mother for “delay” in reporting the offence and in May, filed charges under Section 21 of the POCSO Act.

The Supreme Court found in its ruling that the statements of the plaintiff mother and her daughter pointed to the “filthy and depraved conditions” in their house, where the plaintiff's husband committed “continued abuse.”

The Court therefore found that it was not impossible to consider the possibility that the delay in reporting the matter was due solely to the fact that both the mother and the child were suffering enormous trauma and were at risk of further physical and sexual abuse if they went to the police.

It was further stated that the legal provisions on the obligation to report child sexual abuse are designed to stop this abuse, but should not be a straitjacket.

“Sexual abuse within a household, where the perpetrator is the husband or a man who chooses to dominate the household, can be the most heinous and depraved. The female victims then live in fear and terror for their lives and personal freedom,” the court said.

“A review of mandatory reporting laws around the world, with the varying penalties associated with them, shows that these provisions were enacted to provide a deterrent to child sexual abuse, not to punish a victim who is unfortunately sometimes inseparable in a household plagued by domestic violence,” it continues.