First of all, the police should have filed a complaint. The school authorities remained silent. This discourages people from reporting, the court said | Photo: Wikipedia
The Bombay High Court on Thursday described the sexual assault of two minor girls at their school in Badlapur as absolutely shocking and said there can be no compromise on the safety of the girls.
A division bench comprising Justices Revati Mohite Dere and Prithviraj Chavan said action should be taken against the school authorities for not reporting the incident despite being aware of it. It also criticised the police for the delay in registering the FIR.
The court had taken suo motu cognizance of the incident in which two four-year-old girls were sexually assaulted inside the school toilet in Badlapur in Thane district by a male attendant on August 12 and 13.
The FIR in the case was filed on August 16 and the accused was arrested on August 17, according to court documents.
The court said the police machinery had not moved until the public took to the streets in protest and erupted.
Unless there is a strong public outcry, the machinery will not move. Will the state not move until there is such a public outcry? the court asked.
The court expressed dismay that the Badlapur police had not investigated the case properly.
Such serious matters, where three and four year old girls have been sexually assaulted… how can the police take it so lightly?, questioned the court.
If schools are not a safe place, what is a child supposed to do? What did a three- or four-year-old child do? This is absolutely outrageous, the court said.
The court said it was not entirely satisfied with the way the Badlapur police handled the case.
We are only interested in seeing that the child victims get justice and that is exactly what the police should be interested in as well, HC said.
The court ordered the police to ensure that all support is provided to the victims and their families.
Victims should not be victimized any further, he added.
In this case, the girls said, there may be many cases that have gone unnoticed, the court said.
The court said the police should have shown some support to the girls’ families, but in this case they failed to do so.
First, the police should have filed a complaint. School authorities remained silent, which discourages people from reporting, the court said.
People should not lose faith in the police system or the judicial system. If the public had to take to the streets, then think about the future, the HC said.
He also called for measures to be taken within the police apparatus to raise awareness among officers.
The court has ordered the Special Investigation Team (SIT) set up by the government to investigate the case to submit a report by August 27 indicating what action it has taken on the recording of the statements of the girls and their families.
The report will also have to state why there was a delay in registering the FIR by the Badlapur police and recording the statement of the second victim, the court said.
We are dismayed that the Badlapur police have not taken any steps to record the statement of the second girl till date, the HC said.
The court said that if it learns that there has been an attempt to hush up the case, it will not hesitate to take action against the police officer involved.
Please also tell us what steps the state government is taking to ensure the safety of the girls. There can be no compromise in this regard, the HC said.
The court added that school authorities were aware of the incident but remained silent and did not inform the police.
According to the court, failure to report a sexual assault is also a crime under the Protection of Children from Sexual Offences (POCSO) Act.
This should have been done even before the SIT was formed. The police had an obligation to take action. Failure to report such incidents is also a crime, the court said.
Attorney General Birendra Saraf assured the court that action would be taken against the school authority in question on Thursday itself.
“Action will be taken against the school for not informing. The school authorities have not made any statement. Whoever is responsible for the delay, action will be taken. No one will be spared,” the court said.
Saraf informed the court that the statement of one of the girls had been recorded before a magistrate and the statement of the second victim girl would be recorded on Thursday.
The court wanted to know why there was a delay in doing so.
The court directed the SIT to also produce the original case diary maintained by the Badlapur police, a copy of the FIR and other documents related to the case.
Saraf informed the court that the rebel police officers of Badlapur police station have been suspended.
The court found that the suspension was not sufficient.
The alleged sexual assault of two kindergarten students by a male attendant sparked a massive protest in Badlapur on Tuesday.
The school warden, who was arrested on August 17, allegedly assaulted the children in the school’s toilet. On Wednesday, a local court extended his detention until August 26.
(Only the headline and image of this report may have been reworked by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
First published: August 22, 2024 | 14:33 IS
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