Mumbai, 22 Aug

The Bombay High Court on Thursday called the sexual assault on two minor girls at their school in Badlapur “absolutely shocking” and said that there cannot be any compromise on the safety and security of girls.

A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said that action ought to be taken against the school authorities for not reporting the incident despite being aware of it. It also blasted the police over the delay in registering the FIR.

The court had taken suo motu (on its own) cognisance of the incident where two four-year-old girls were sexually assaulted inside the school’s washroom at Badlapur in Thane district by a male attendant on 12 and 13 August. The FIR in the case was lodged on 16 August and the accused was arrested on August 17, as per court documents.

The bench said the police machinery had not moved till the public hit the streets with a protest and outburst. “Unless there is strong public outburst, machinery won’t move. Won’t the state move till public outbursts like this,” the court asked.

The bench said it was appalled to note that the Badlapur police had not probed the case properly. “Such serious matters where girls as young as three and four-year-olds have been sexually assaulted...how can the police take it so lightly,” the court questioned. “If schools are not a safe place what is a child supposed to do? What did a three and four-year-old child do? This is absolutely shocking,” the court said.

The bench said it was not at all “happy” with the manner in which the Badlapur police handled the case. “We are only interested in seeing that the victim girls get justice and this is exactly what the police should have also been interested in,” HC said.

The bench directed the police to ensure all support is given to the victims and their families. The victims should not be victimised further, it said. “In this case, the girls complained, there might be so many cases which may have gone unnoticed,” the bench said.

The court said the families of the girls ought to have been shown some support by the police but it was not done in this case. “First thing, the police should have filed FIR. School authorities were silent. This discourages people from coming forward,” the court said. “People should not lose faith in the police system or the judicial system. If public had to come to the streets then think about the future,” the HC said.

It also called for steps within the police machinery to sensitise cops. The bench directed the Special Investigation Team (SIT) set up by the government to probe the case to file a report by August 27 stating what steps it has taken about the recording of girls’ statements and their families.

The report will also have to state why there was a delay in registering the FIR by the Badlapur police and in recording the statement of the second victim, the court said. “We are appalled that the Badlapur police has not taken any steps to take the statement of the second girl till date,” HC said.

The court said if it comes to know that there has been an attempt to hush up the case then it won’t hesitate to take action against the police officer concerned. “Also tell us what steps is the state government taking to ensure the safety and security of girls. There can be no compromise on this,” HC said. The bench further said that the school authorities were aware of the incident but kept silent and did not inform the police. Under the Protection of Children from Sexual Offences (POCSO) Act, non-reporting of a sexual assault is also an offence, said the court.

“This should have been done even before SIT was constituted. It was incumbent on the police to take action. Non-reporting of such incidents is also an offence,” the court said.

Advocate General Birendra Saraf assured the court that action would be taken against the school authority concerned on Thursday itself. “You will be taking action against school for not reporting. School authorities had not come forward. Whosoever is responsible for the delay, action will be taken. No one will be spared," the court said.

Saraf informed the bench that the statement of one of the girls has been recorded before a magistrate and the statement of the second victim girl would be taken on Thursday. The court sought to know why there was a delay in doing that. The bench directed the SIT to also submit the original case diary maintained by the Badlapur police, a copy of the FIR and other papers related to the case. Saraf informed the court that the errant police officials from the Badlapur police station have been suspended.

The bench said the suspension was not enough. The alleged sexual assault on the two kindergarten students by a male attendant had sparked a massive protest in Badlapur on Tuesday. The male attendant, who was arrested on 17 August, allegedly assaulted the kids in the school's toilet. A local court on Wednesday extended his police custody till 26 August.