Lagatar24 Desk
Mumbai: The Bombay High Court delivered a scathing critique of the authorities on Thursday as it took suo moto cognizance of the recent sexual assault of two young girls at a school in Badlapur, Maharashtra. Expressing deep concern, the court questioned the very essence of the “Right to Education” if schools cannot guarantee the safety of children.
“If schools are not a safe place… then what is the point of talking about ‘right to education’?” asked the bench, led by Justice Revati Mohite Dere and Justice Prithivraj Chavan. The court’s remarks came as it reprimanded the police and state government for their sluggish response to the horrific incident.
The assault, which involved a three-year-old and a four-year-old, has sparked widespread outrage, especially after it was revealed that the school failed to act promptly on the complaints made by the young victims. The court was shocked by the delay in filing a case against the school despite the grave nature of the allegations.
“What kind of situation is this… this is extremely shocking,” the bench stated, pressing the authorities on why the Protection of Children from Sexual Offences (POCSO) Act had not been invoked against the school for failing to report the crime.
The state has since formed a Special Investigation Team (SIT) led by senior IPS officer Arti Singh, but the court was unimpressed with the delay in taking decisive action. “A case against the school should have been registered the moment the FIR was lodged,” the judges insisted.
The court also raised concerns about the well-being of the minor victims, questioning whether they had received appropriate counseling to cope with the trauma. “The safety and security of girls cannot be compromised… at all,” the court emphasized, demanding to know the steps being taken to protect schoolchildren across the state.
Further scrutiny was directed at the Badlapur police, particularly regarding the incomplete transfer of records to the SIT and the exclusion of the second victim from the initial FIR. “Ensure the second victim’s statement is recorded today and video-record everything,” the court ordered.
The court expressed dismay over the investigation’s handling, questioning the police’s adherence to legal procedures under Section 173 of the Code of Criminal Procedure, which mandates timely completion of investigations.
Despite assurances from Advocate General Birendra Saraf that the police were cooperating fully, the court remained firm, scheduling the next hearing for Tuesday and warning that the Badlapur Police have significant questions to answer regarding their investigation.
The Thane school rape case has triggered widespread protests, reminiscent of the recent public outcry over the RG Kar Hospital incident in Kolkata. A 23-year-old school janitor has been arrested in connection with the Badlapur case, and three police officers have been suspended for their mishandling of the situation.
Maharashtra Chief Minister Eknath Shinde has vowed to take strict action against those responsible and promised that the case will be fast-tracked. The state government has also mandated the installation of CCTV cameras in all schools within a month, with the threat of revoking operational permissions for non-compliance. The footage is to be reviewed regularly, with principals held accountable for reporting any incidents captured.
This case has once again highlighted the urgent need for stronger safeguards to protect children in educational institutions, as the nation grapples with the tragic consequences of failing to do so.
