Bombay High Court Criticizes Police and School Authorities for Delayed Response to Sexual Assault of Two Minor Girls in Badlapur, Orders Investigation and Ensures Accountability
The Bombay High Court on Thursday expressed shock and concern over the sexual assault of two young girls at a school in Badlapur, stating that the safety and security of children should never be compromised. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan criticized both the school authorities and the police for their delayed actions.
The court took suo motu cognizance of the case, where two four-year-old girls were sexually assaulted by a male attendant in the school’s washroom on August 12 and 13. Despite the seriousness of the incident, the school did not report it, and the police only registered the FIR on August 16, with the arrest of the accused happening on August 17.
The bench condemned the police for their delayed response, noting that action only occurred after public protests erupted. “If there is no public outcry, does the machinery remain inactive?” the court questioned, emphasizing the gravity of the situation involving such young victims.
The judges also expressed dissatisfaction with the investigation by Badlapur police, pointing out that the authorities had not properly addressed the case. “If schools aren’t safe, where can children be?” the court asked, highlighting the vulnerability of the victims, aged just three and four.
The High Court stressed that the police should have immediately filed the FIR and offered support to the victims and their families. It warned that if any attempts to cover up the case were found, strict action would be taken against the responsible officers.
The court directed the Special Investigation Team (SIT), formed by the government to investigate the case, to submit a report by August 27. The report should detail the steps taken to record the girls’ statements, the reasons for the delay in filing the FIR, and why the second victim’s statement had not yet been recorded.
The bench also underscored the legal responsibility of the school under the Protection of Children from Sexual Offences (POCSO) Act, noting that failing to report such incidents is itself a crime. The Advocate General, Birendra Saraf, assured the court that action against the school would be taken promptly.
The court also demanded that the SIT produce the original case diary, FIR, and other related documents. It criticized the mere suspension of the errant police officers, stating that more severe measures were required.
The alleged assault by the male attendant, which took place in the school’s toilet, had sparked widespread protests in Badlapur. The accused, arrested on August 17, had his police custody extended until August 26 by a local court.
(With inputs from agency)
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