NEW DELHI: The Bombay high court has expressed shock and concern over the sexual assault on two minor girls at their school in Badlapur, stressing that there can be no compromise on the safety and security of girls.
The Honorable Court criticized the school authorities for not reporting the incident and censured the police for their delays in handling the case.
A division bench consisting of Justices Revati Mohite Dere and Prithviraj Chavan emphasized the need for action against school authorities who failed to report the incident despite being aware.
Additionally, the bench criticized the police for the delay in registering the First Information Report (FIR).
The high court took suo motu cognisance of the incident involving the sexual assault of two four-year-old girls inside the school’s washroom at Badlapur in Thane district by a male attendant on August 12 and 13.
According to court documents, the FIR was lodged on August 16, and the accused was arrested on August 17.
“The police machinery had not moved till the public hit the streets with a protest and outburst,” the bench observed.
“Unless there is a strong public outburst, machinery won’t move. Won’t the state move till public outbursts like this?”
The bench expressed its dismay over the Badlapur police’s handling of the case.
“Such serious matters where girls as young as three and four-year-olds have been sexually assaulted… how can the police take it so lightly?”
The judges further questioned the safety of places that are supposed to be secure for children.
“If schools are not a safe place, what is a child supposed to do? What did a three and four-year-old child do? This is absolutely shocking.”
The court voiced its dissatisfaction with the investigation process conducted by the Badlapur police.
“We are only interested in seeing that the victim girls get justice and this is exactly what the police should have also been interested in.”
The bench directed the police to provide full support to the victims and their families, ensuring they are not further victimized.
“In this case, the girls complained, there might be so many cases which may have gone unnoticed.”
The court criticized the lack of support from the police towards the families of the victims.
“First thing, the police should have filed FIR. School authorities were silent. This discourages people from coming forward.”
The judges stressed the importance of maintaining public faith in the police and judicial systems.
“People should not lose faith in the police system or the judicial system. If public had to come to the streets then think about the future.”
The bench called for steps within the police force to sensitize officers on handling such cases.
The Special Investigation Team (SIT) set up by the government was directed to submit a report by August 27 detailing the steps taken regarding the recording of the girls’ statements and their families.
The report must also explain the delay in registering the FIR by the Badlapur police and in recording the statement of the second victim.
“We are appalled that the Badlapur police has not taken any steps to take the statement of the second girl till date.”
The court warned against any attempts to hush up the case and stated it would not hesitate to take action against the responsible officers.
The security and protection of girls remain non-negotiable, as stressed by the court.
“Also tell us what steps the state government is taking to ensure the safety and security of girls. There can be no compromise on this.”
The bench noted that the school authorities were aware of the incident but did not report it to the police.
“Under the Protection of Children from Sexual Offences (POCSO) Act, non-reporting of a sexual assault is also an offense.”
“This should have been done even before SIT was constituted. It was incumbent on the police to take action. Non-reporting of such incidents is also an offense.”
Advocate General Birendra Saraf assured the court that action would be taken against the school authorities concerned.
“You will be taking action against school for not reporting. School authorities had not come forward. Whosoever is responsible for the delay, action will be taken. No one will be spared.”
Saraf informed the bench that the statement of one of the girls had been recorded before a magistrate, and the statement of the second victim girl would be taken on Thursday.
The court sought clarification on the delay in recording the statements.
The bench also directed the SIT to submit the original case diary maintained by the Badlapur police, along with a copy of the FIR and other related papers.
Saraf added that the errant police officials from the Badlapur police station have been suspended.
The bench, however, stated that the suspension was not enough.
The alleged sexual assault of the two kindergarten students by a male attendant had sparked extensive protests in Badlapur on Tuesday.
The male attendant, arrested on August 17, allegedly assaulted the children in the school’s toilet. A local court on Wednesday extended his police custody until August 26.