The Bombay High Court, on Thursday, emphasised that there can be no compromise with the safety and security of girls while terming the sexual assault of two kindergarten girls inside their school premises at Badlapur as "absolutely shocking". The court further said that action should be initiated against The school authorities as well under the stringent POCSO Act for failing to report the incidents to the police despite being aware about it.
The HC had taken suo motu (on its own) cognisance of the sexual assault on minor girls on August 12 and 13 inside the school's washroom by a male attendant who was hired on a contractual basis on August 1. The FIR in the case was registered only on August 16.
The court observed that the police machinery has not moved till the public came on the streets. On August 20, people protested on the streets and staged a rail blockade after the police and the school failed to attend against the culprit.
"Unless there is a strong public outburst machinery will not move. Won't the state move till public outbursts like this?" a bench of Justices Revati Mohite-Dere and Prithviraj Chavan asked on Thursday.
The judges said they were appalled to learn that Badlapur police had not probed 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 questioned. "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," it added.
The court expressed displeasure with the manner in which the case was handled by the Badlapur police. "We are not interested in anything else. 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 judges underlined.
The court asked Advocate General Birendra Saraf to ensure that the State provides all support to the victims and their families. "The victims should not be victimised further,” the bench said. It added that these girls have complained but there may be other cases which may have gone unnoticed.
The judges underscored that the victims and their families should have been extended support by the Police, but this was not done. “The police should have filed an FIR. School authorities were silent. This discourages people from coming forward," the court added.
The court added: “People should not lose faith in the police system or the judicial system. If the public had to come to the streets then think about the future.” It added that steps should be taken to sensitise the police.
The court was also displeased with the fact that the police had, to date, not recorded statements of the Second girl victim and parents of the girls. It has asked the Special Investigation Team (SIT), set up by the government to probe the case, to file a report by August 27 stating steps taken to record statements of victim girls and their families. The report had to explain the reasons for the delay in lodging the FIR by Badlapur police and in recording statements.
The court has warned that if it comes to know that there has been an attempt to hush up the case then it won't hesitate to take action against the concerned police officer. "Also tell us what steps is the state government taking to ensure the safety and security of girls. There can be no compromise on this," Justice Dere emphasised.
It also noted that the school authorities were aware of the incidents and still kept silent. Under the provisions of the POCSO Act, non-reporting of a sexual assault case is also an offence. "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 offence," the court said.
AG Saraf assured the court that action would be taken against the concerned school authority today itself.
"You will be taking action against the 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," the court added.
Saraf informed the bench that the one victim's statement had been recorded before a magistrate and the second girl's statement would be taken today itself.
The court questioned the delay by the police. The court also noted that the police recorded the statement of one of the girl's parents early this morning after it had taken suo motu cognisance of the case.
“Badlapur Police had not taken any steps to record statements of parents. It appears that after suo motu pil was registered yesterday, one of the victim girls’ parents’ statements was recorded post-midnight,” the bench noted in its order.
The court has directed the SIT to also submit the original case diary of the case maintained by the Badlapur police; the FIR copy and all other case-related papers.
Saraf said that errant police officers from the Badlapur police station have been suspended. However, the bench expressed that suspension was Not enough. Saraf also said that an administrator has been appointed to run the school.
The case involves the sexual assault of two minors by a 23-year-old male school attendant, who was employed as a cleaning staff member on a contractual basis from August 1. The incident occurred in the school’s toilet where the man allegedly assaulted the girls.
The crime came to light when one of the victims complained of pain and disclosed the abuse to her parents. A local doctor later confirmed the assault on both girls.
