Centering the Survivors: How a Recent Delhi High Court Ruling Reaffirms the S...

In the pursuit of justice, the process itself can often become a second trauma. For three young girls in Delhi, a case that began with a harrowing experience in 2022 turned into a three-year ordeal of repeated court appearances, broken school schedules, and the constant psychological weight of facing their past.

However, a recent landmark judgement by the Delhi High Court in Minor Child K & Ors. v. State NCT of Delhi & Ors. has signalled a much-needed shift by reaffirming a victim-centric approach, the Court has sent a clear message: the legal system must protect the child, while ensuring fair trial.

The Backstory: A Trial of Endurance

The case dates back to August 2022, when three 15-year-old girls went missing. After they were traced, their statements revealed a chilling account of sexual assault and exploitation. While charges were framed by October 2023 under the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 the trial process quickly became a source of further distress.

Despite the POCSO Act’s intent to minimise child contact with the court, the survivors were summoned repeatedly. One petitioner was called to court nine times, another six, and the third four times. In May 2025, represented by iProbono India, the survivors moved the Delhi High Court to reaffirm the intent of the POCSO Act, 2012 and address concerns of re-traumatisation while providing systemic safeguards.

The Ruling: Justice Without Re-traumatisation

Justice Swarana Kanta Sharma’s ruling serves as a vital consolidation of victim-centric safeguards. Key takeaways include:

• Ending Repeated Summons: In line with Section 33(5) of the POCSO Act, 2012 the Court ruled that child victims must not be repeatedly summoned. Once their views are recorded for bail hearings their presence should not be mandatory.
• Adopting Technology-Enabled Safeguards: The judgement shifts video conferencing from an “exceptional measure” to a standard tool. By using live links and Vulnerable Witness Deposition Centres (VWDCs), the court can minimise the child’s direct exposure to the accused.
• Time-Bound Testimony: To prevent intimidation, the Court directed that testimonies should be recorded on a day-to-day basis once they commence, ensuring the child can exit the legal process as quickly as possible.

Justice Swarana Kanta Sharma reaffirmed that, “the ultimate consideration must be to ensure that the trial process does not become a source of further distress or re-traumatisation for the victim, while maintaining the essential safeguards of a fair criminal trial.”

iProbono India’s Role: Strategic Advocacy for Change

This wasn’t just a quest for a verdict; it was a quest for a more humane process. iProbono India led the litigation, engaging panel lawyers Mr Nitin Saluja and Ms Pranya Madan to develop a strategy focused on child-friendly trial processes.

The case saw significant contributions from the Justice Leila Seth Fellowship. Fellow Ankita Talukdar, who was instrumental in shaping the litigation strategy, conducting comparative research, and working closely with the survivors’ families to ensure their voices remained at the heart of the petition. iProbono India played a pivotal role in resolving the matter; Nandini Chauhan provided the essential support needed for its conclusion, alongside Nimisha Menon, who led the legal strategy from day one.

What This Means for the Real World

This judgement is more than just a legal precedent; it is a practical roadmap for trial courts across Delhi. By prioritising mental health of the child over procedural rigidness, the ruling ensures that the intent of the POCSO Act, 2012 finally matches the reality of the courtroom.

For survivors, it means fewer days spent in intimidating hallways and more days spent in classrooms and healing spaces. It ensures that while the wheels of justice turn, they do not crush the very individuals they are meant to protect.

The Delhi High Court’s ruling is a significant victory, but the journey to making every courtroom in India truly ‘child-friendly’ is far from over. At iProbono India, we believe that no child should have to fight the legal system while fighting for their recovery.

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