The Ministry of External Affairs has sought the waiver of diplomatic immunity for the son of a Kenyan diplomat posted in New Delhi who is accused of physically assaulting a five-year-old in a Delhi school. Even though a complaint was lodged last year by the minor girl’s parents after the incident, investigations could not proceed due to diplomatic immunity that the accused enjoys in the host country.
“We have requested the Kenyan government to waive diplomatic immunity of the person concerned so that the investigation in the matter can go forward,” said MEA spokesperson Randhir Jaiswal on Friday, while briefing reporters. He said the government was pursuing this matter with Kenya.
The accused, a class 12 student at a South Delhi school, was suspended after the incident occurred on a school bus in August 2024. While an FIR was registered in September, police identified and named him as an adult in November.
Due to diplomatic immunity, which protects diplomats and their families from legal action in the host country, no police action has been taken against the accused.
While the minor’s parents informed both the school authorities and the police of the incident, they claim that the school did not take any action, while the police stated they had written to the MEA in this regard.
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. However, for any legal action to proceed against the accused diplomat’s son, a waiver of immunity is required.
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.
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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. The MEA has now requested the Kenyan government to revoke the immunity granted to the accused.
© The Indian Express Pvt Ltd
