बदलापुर नाबालिग यौन उत्पीड़न: बॉम्बे हाई कोर्ट ने लापरवाही के लिए पुलिस को फटकार लगाई, स्कूल के खिलाफ कार्रवाई के लिए कहा

Badlapur minor sexual assault: Bombay High Court slams police for lapses, calls for action against school

The Bombay High Court expressed strong criticism toward the Maharashtra Police on Thursday for significant lapses in the investigation of a disturbing sexual assault case involving two four-year-old kindergarten girls at a school in Badlapur, Thane. The Court initiated suo motu proceedings after becoming aware of the incident through media reports, underlining the severity of the situation and the need for immediate judicial intervention.

The case centers around an alleged molestation incident that occurred on August 13 in the school's restroom, where a housekeeping staff member reportedly assaulted two young girls. Despite the parents reporting the incident to the police on August 16, there was an alarming delay in the registration of the First Information Report (FIR), which was only filed 11 hours after the initial complaint. This delay, along with the subsequent handling of the case, has drawn widespread criticism and sparked public outrage, leading to protests and demands for accountability.

A Division Bench comprising Justices Revati Mohite Dere and Prithviraj Chavan, during the hearing, did not hold back in condemning the police's actions—or lack thereof. The Court particularly criticized the Badlapur Police for the unnecessary delay in recording the statement of one of the victims, noting that such delays not only hinder the investigation but also discourage victims and their families from coming forward.

"We are appalled by the fact that the Badlapur Police has taken no efforts to record the statement of the second victim girl, either under Section 161 or 164," observed the Bench. This criticism was part of a broader concern expressed by the Court over the police's failure to act promptly and sensitively in cases involving minors. The Court emphasized that the police should have immediately registered an FIR upon receiving the complaint, rather than making the family wait, as such delays can erode public trust in law enforcement.

The Court also addressed the apparent inaction of the school authorities, who failed to report the crime. The Bench questioned why no immediate action was taken against the school officials under the Protection of Children from Sexual Offences (POCSO) Act, which mandates strict procedures and prompt reporting in cases of sexual offenses against minors. Advocate General Birendra Saraf, representing the State, assured the Court that action would be taken, but the judges expressed frustration that these steps were not taken earlier.

In response to the public outcry and the Court's stern directives, the Maharashtra government has constituted a Special Investigation Team (SIT) to conduct a thorough investigation into the case. Advocate General Saraf informed the Court that the accused, 23-year-old school attendant Akshay Shinde, has been arrested and placed in police custody until August 26. The Court, while acknowledging these developments, stressed that the investigation must be expedited and handled with the utmost care, given the young age of the victims and the sensitive nature of the crime.

The Bench also questioned whether the necessary provisions of the POCSO Act were being followed, particularly regarding the school authorities' responsibilities. Additionally, the judges stressed the importance of providing counseling to the victims, asking the State whether any such measures had been implemented. The Court granted time for the State to provide detailed information on these matters, highlighting the need for comprehensive support for the victims during this difficult time.

The Court's intervention has drawn attention to the broader issues of police insensitivity and systemic failures in handling cases of sexual abuse, especially those involving children. The judges reiterated that the police force must be sensitized and trained to handle such cases with the seriousness they deserve. They also emphasized that delays in registering cases and recording statements not only undermine the investigation but also contribute to a culture of silence and fear, preventing many victims from seeking justice.

As the case progresses, the Bombay High Court has made it clear that it expects swift and decisive action, not only against the accused but also against those responsible for the lapses in the investigation. The Court has also called for accountability from the school authorities, who failed in their duty to protect the children under their care. The next hearing is scheduled for Monday, when the SIT is expected to provide a full review of the investigation, and the State will be required to report on the steps taken to address the Court's concerns.

News Reference