High Court Expands Committee’s Mandate to Address Child Victims’ Trauma and Improve Safety Measures
The Bombay High Court, on Tuesday, urged the importance of educating boys to prevent crimes against girls during the hearing of the Badlapur sexual assault case. The Court emphasized the need for thorough investigation without succumbing to public pressure and reiterated the message through the slogan “Beta Padhao, Beti Bachao” (Educate boys, save girls).
A suo motu case was initiated following the shocking incident of two 4-year-old girls being sexually assaulted at a school in Thane’s Badlapur. The Court, while hearing the case, expressed concern about rushing the investigation due to public outcry and advised the police to ensure the probe was conducted properly, without filing a chargesheet under pressure.
“Ensure the investigation is thorough and justice is not hurried due to public pressure,” the Bench of Justices Revati Mohite Dere and Prithviraj K Chavan stated. They stressed that a correctly conducted investigation was paramount to ensuring justice.
During the hearing, the Court underscored the necessity of sensitizing boys to prevent such heinous crimes. Justice Dere remarked that focusing solely on safeguarding girls was insufficient, and efforts should be made to educate boys on proper conduct to protect girls. The Court suggested that the government adopt the slogan “Beta Padhao, Beti Bachao” as a parallel initiative to the existing “Beti Padhao, Beti Bachao” (Educate girls, save girls).
The High Court also expanded the mandate of the committee formed to address the safety and security of girls in educational institutions. Initially established to suggest safety measures for girls, the committee was now tasked with recommending steps to address the trauma endured by child victims of sexual assault. The committee, led by retired Bombay High Court judges Justices Sadhana Jadhav and Shalini Phansalkar Joshi, was further expanded to include retired IPS officer Meeran Borwankar.
The Court praised the suggestions made by the committee but noted concerns about their implementation. Advocate General Birendra Saraf assured the Court that the State would make every effort to ensure that the committee’s recommendations were put into practice.
Additionally, the Court directed the State to ensure that private doctors were informed of their duty to examine victims in cases under the Protection of Children from Sexual Offences Act (POCSO Act) and that refusals to do so were not acceptable.
The Bench expressed dissatisfaction with the progress of the Badlapur case investigation, observing that the case diary was written in a stereotypical manner without reflecting concrete steps taken by the Special Investigation Team (SIT). The Court clarified that it was not asking for case details but expected the diary to clearly outline the steps taken to investigate the crime. Justice Chavan emphasized the importance of a detailed and reflective case diary, saying, “The purpose of the case diary is frustrated if it’s written in a stereotypical way.”
As a result, the Court adjourned the case for four weeks, giving time for further progress and follow-up. The State assured the Court that previous delays in submitting forensic reports in sexual assault cases were being addressed, with a special unit set up to manage the pending work in forensic science laboratories. Additionally, the State assured that efforts were being made to apprehend the absconding accused in the Badlapur case.
In a related development, an intervenor highlighted another recent child sexual assault case in Saki Naka, Mumbai, where a 16-year-old boy was arrested for allegedly raping a 3-year-old child. The Court acknowledged this case and stated that it would be heard on September 4, directing the registry to register it as a separate petition.
(With inputs from agency)
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