In the case of two girls who were sexually abused in a school in Badlapur of Thane district of Maharashtra, the High Court reprimanded the school administration and the police officials. The court took suo motu cognizance of the case and said what kind of situation has arisen that people have to come out on the streets for police action. While hearing the case, the judge said that if the school is not safe then where will the girls go? Girls are also not being spared. The court sought an answer from the police for filing the FIR late. It also expressed surprise as to why the statement of the second victim has not been taken yet. The court expressed regret and said that how can the police take this serious matter so lightly?
The Bombay High Court on Thursday termed the sexual assault on two minor girls at their school in Badlapur as “extremely shocking” and said there can be no compromise on the safety of girls. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said action must be taken against the school authorities for not reporting the incident despite knowing about it. It also criticised the police for the delay in filing an FIR. Two three and four-year-old girls were sexually assaulted by a male attendant inside the school toilet at Badlapur in Thane district on August 12 and 13. The court has taken suo motu cognizance of the incident.
What a situation has come to, people are taking to the streets for justice
According to court documents, the FIR in the case was filed on August 16 and the accused was arrested on August 17. The bench said the police machinery did not wake up until the public came out on the streets with protest and outrage. The court asked, “Unless there is strong public outrage, the machinery will not move. Will the state not move forward till such public outrage erupts?”
If schools are not safe then where will the girls go?
The bench said it was shocked to know that the Badalpur police did not investigate the case properly. The court questioned, “Such a serious case where three and four year old girls have been sexually assaulted…how can the police take it so lightly.” The judge said, “If schools are not safe places then what should a child do? What did a three and four year old child do? This is absolutely shocking.”
Police should stop harassing the victims
The bench said it was not at all happy with the way the Badalpur police handled the case. “Our interest is only to see that the victim girls get justice and the police should also be interested in this,” the high court said. The bench directed the police to ensure that all possible help is given to the victims and their families. It said the victims should not be harassed further. “In this case, the girls complained, there may be many such cases which may have gone unnoticed,” the bench said. The court said the girls’ families should have been given some support by the police but it was not done in this case.
Action should be taken against the school too
The court further said, “First of all, the police should have filed an FIR. The school authorities were silent. This discourages people from coming forward. People should not lose faith in the police system or the judicial system. If the public has to come out on the streets, think about the future.” It also called for steps to sensitize the police within the police machinery. The bench directed the Special Investigation Team (SIT) formed by the government to investigate the case to file a report by August 27 on what steps it has taken to record the statements of the girls and their families.
Why the delay in recording the statement of the second victim
The court said, the report must also explain why there was a delay in filing an FIR and recording the statement of the second victim by the Badlapur police. The High Court said, “We are surprised that the Badlapur police have not taken any steps so far to record the statement of the second girl.” The court said that if it finds out that an attempt has been made to suppress the case, then it will not hesitate to take action against the concerned police officer.
The court said, “Also tell us what steps the state government is taking to ensure the safety of girls. There can be no compromise on this.” The bench further said that the school authorities were aware of the incident but they kept quiet and did not inform the police. Under the Protection of Children from Sexual Offences (POCSO) Act, not reporting sexual assault is also a crime, the court said.