In a stern and unprecedented move, the Bombay High Court on Thursday took suo moto cognizance of a harrowing case involving the sexual assault of two children at a school in Badlapur, Maharashtra. The court’s sharp remarks highlighted the failures of both the police and state authorities in handling the case.
During the proceedings, the bench, comprising Justice Revati Mohite Dere and Justice Prithivraj Chavan, expressed deep concern over the safety of educational institutions. “If schools are not a safe place… then what is the point of talking about ‘right to education’?” the court questioned. This remark underscored the gravity of the situation and the need for urgent action to protect children within school premises.
The court’s frustration was directed at the police and the state for their inaction. It was revealed that despite complaints from the victims, no case had been filed against the school. This lapse drew a disturbing parallel to a recent incident in Kolkata, where RG Kar Hospital was criticized for its delay in filing a case in the rape and murder of a doctor.
The bench sharply questioned the authorities: “What kind of situation is this… this is extremely shocking.” The judges were particularly critical of the lack of a formal complaint registration against the school, emphasizing that under the Protection of Children from Sexual Offences (POCSO) Act, even school authorities can be held accountable for not reporting such crimes.
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The Advocate General, Birendra Saraf, assured the court that a Special Investigation Team (SIT) had been formed, led by senior IPS officer Arti Singh. However, the court remained unimpressed, asserting, “But a case against the school should have been done by now… the minute the FIR was lodged you should have registered a case against the school authorities.”
In addition to reprimanding the authorities for their procedural failures, the court expressed concern for the victims’ well-being. The judges inquired about the counseling provided to the minor girls, stressing the importance of addressing the trauma they had endured. “We can’t lose sight of what happened,” the court noted.
The court demanded a detailed account of the inquiry’s progress, including the timeline for when the SIT was established and why local police had not transferred all relevant documents.
The High Court’s intervention has spotlighted critical lapses in the handling of this grave case, highlighting the urgent need for reforms in the protection of children in educational settings.
