Last Updated on August 22, 2024 by Arti Kumari
The Bombay High Court expressed concern on Thursday during a suo motu PIL hearing regarding the alleged sexual assault of two kindergarten girls in a school at Badlapur, Thane. The court also pointed out several shortcomings in the preliminary investigations conducted by the Badlapur Police, stating that the police “did not play its role the way it ought to have” and expressed concern over the delay in filing the FIR.
The division bench consisting of Justices Revati Mohite Dere and Prithviraj Chavan expressed distress at the fact that the sexual assault incidence occurred on school property, noting the ages of the victims—4 and 3 years old, respectively.
Justice Mohite – Dere said in her Oral Statement : “If the school is not a safe place then what’s the use of speaking about all this right to education and all other things… Even 4 year old girls aren’t being spared. What is this situation. Extremely shocking it is”.
Even though the girls had come forward and complained about the situation, the judges went on to say that there were a number of occurrences that would remain undetected. Orally, the court stated that discussing such an occurrence requires a “huge amount of courage.”
The judges further stated that further explanations regarding the “probe” conducted by the Badlapur Police Station would have to be provided, pointing out in particular the “delay in registering the FIR and making the family wait for hours to get the FIR lodged.”
“In situations involving youngsters, the police ought to have filed a formal complaint right away. However, by making the family wait for hours, they dissuaded people from filing reports of similar instances. The police force needs to be made more aware of these issues. The Police have undoubtedly not fulfilled their duties to the best of their abilities. This wouldn’t have happened if the police had been more sensitive,” Justice Mohite-Dere said in an oral statement.
The judge also questioned why the Badlapur Police did not take the matter seriously, citing it as a “serious offence.”
“Ultimately, we would like to know what investigation the Badlapur Police conducted. Our sole concern is making sure the two victims receive justice. The girls’ security and safety cannot be in any way jeopardized,” Justice Mohite-Dere stated in an oral statement.
When Justice Chavan voiced his opinion, he mentioned the outcry from the public over the occurrence and said, “It has become a common thing now.” The equipment doesn’t function until there is a powerful outburst. Would you like to suggest that the investigation won’t be taken seriously unless people stop showing out on the streets?
Consequently, the judges declared that the police force itself needed to be addressed and that the police department needed to be “sensitized.”
Justice Chavan stated in an oral statement that people shouldn’t “come out on the streets like this for getting a FIR lodged,” stressing that the public should not lose hope. Further judge said to Advocate General Dr. Birendra Saraf before leaving: “The motto of the Maharashtra Police is सद्रक्षणाय खलनिग्रहणाय (Sadarakshanaya Khalanigrahanay).” It means keeping the wicked in check and defending the righteous. I hope you will remember this.
Advocate General Saraf, representing the State, stated during the hearing that the Special Investigation Team (SIT) had been established and that a formal complaint had been filed. “No stone will be left unturned and everything will be pursued in a speedy basis,” he promised the bench.
During the hearing, the judges observed that the comments made by the second victim and her family were not documented by the police. It further stated that despite the victims’ and their families’ complaints to the school administration, no action has been taken against the institution for neglecting to notify the police of the sexual assault occurrence.
Justice Mohite-Dere remarked at this point, “But that should have only been done earlier. You were supposed to file a case against the school administration as soon as the family filed the FIR. Are there counselors for the girls? We must never forget the reality of what transpired with the girls who were the victims. What steps has the State taken to provide the victim girls with counseling?
The father of the second victim in the case made statements that were only recorded at midnight on August 21, which stunned the bench.
In its ruling, the bench noted that “the school authorities have not only not filed a complaint, but there has also been a delay in filing a formal complaint.” The FIR Copy makes this clear. Mr. AG suggests that a SIT be established. He submits that the SIT has received all of the papers. He adds that the statements of the second victim will be recorded throughout the day, and that only one victim’s statements have been recorded thus far. We are horrified to learn that the testimonies made by the relatives of the second victim were not recorded by the Badlapur Police. The police did not record the father of the second victim’s comments until after midnight, and that was only after we took suo motu cognizance. “We anticipate that the victims and their families will receive all necessary legal assistance as well as counseling.”
Case : Public Interest Litigation No. Suo Motu of 2024.
