The Bombay High Court on Thursday described the sexual assault of two minor girls at their school in Badlapur as “absolutely shocking” and emphasized that there can be no compromise on the safety and security of girls.
A bench of Justices Revati Mohite Dere and Prithviraj Chavan criticized the school authorities for failing to report the incident despite being aware of it and also condemned the police for the delay in registering the FIR.
The court had taken suo motu (on its own) cognizance of the incident in which two four-year-old girls were sexually assaulted by a male attendant inside the school’s washroom in Badlapur, Thane district, on August 12 and 13. The FIR was lodged on August 16, and the accused was arrested on August 17, according to court documents.
The division bench noted that the police machinery did not act until public protests and outcries compelled them to do so.
“Unless there is strong public outcry, the machinery won’t move. Won’t the state act until public protests like this?” the court asked.
The bench expressed its dismay over the Badlapur police’s handling of the case, stating, “Such serious matters where girls as young as three and four years old have been sexually assaulted…how can the police take it so lightly?”
The court questioned, “If schools are not safe, what is a child supposed to do? What did a three and four-year-old child do? This is absolutely shocking.”
The bench expressed dissatisfaction with the manner in which the Badlapur police managed the case, stating, “We are only interested in ensuring that the victim girls receive justice, and this is precisely what the police should also have been concerned with.”
The court directed the police to provide all necessary support to the victims and their families, ensuring they are not further victimized.
“There might be many cases that have gone unnoticed,” the bench remarked. It added that the families of the girls should have received some support from the police, which was lacking in this instance.
The court criticized the delay in filing the FIR and the school authorities’ silence, which discouraged people from coming forward. “People should not lose faith in the police system or the judicial system. If the public had to take to the streets, think about the future,” the HC said.
It also called for steps within the police machinery to sensitize officers.
The bench directed the Special Investigation Team (SIT) appointed by the government to investigate the case to file a report by August 27. This report should detail the steps taken regarding the recording of the girls’ statements and those of their families. Additionally, it must explain the delay in registering the FIR and recording the statement of the second victim.
“We are appalled that the Badlapur police has not taken any steps to record the statement of the second girl to date,” HC said. The court warned that it would not hesitate to take action against any police officer found attempting to cover up the case.
The court also inquired about the state government’s measures to ensure the safety and security of girls, emphasizing that there can be no compromise on this issue.
The bench further stated that the school authorities, who were aware of the incident but remained silent and did not inform the police, had violated the Protection of Children from Sexual Offences (POCSO) Act. “Non-reporting of such incidents is also an offense,” the court said.
Advocate General Birendra Saraf assured the court that action would be taken against the school authority responsible for the delay. “You will be taking action against the school for not reporting. The school authorities had not come forward. Whoever is responsible for the delay will face action. No one will be spared,” the court said.
Saraf informed the bench that the statement of one of the girls had been recorded before a magistrate and that the statement of the second victim would be taken on Thursday. The court questioned the reason for the delay in this process.
The bench directed the SIT to also submit the original case diary maintained by the Badlapur police, a copy of the FIR, and other relevant papers related to the case.
Saraf reported that errant police officials from the Badlapur police station had been suspended, but the bench stated that suspension alone was not sufficient.
The alleged sexual assault on the two kindergarten students by a male attendant had led to a massive protest in Badlapur on Tuesday. The attendant, arrested on August 17, is currently in police custody, which was extended until August 26 by a local court.
