Badlapur Sexual Assault: Bombay HC Directs Action Against School For Keeping Mum, Slams Police

The high court said that not reporting a POCSO crime is also a crime and action must be taken against school authorities.

The high court said that not reporting a POCSO crime is also a crime and action must be taken against school authorities.

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The Bombay High Court on Thursday heard the suo motu case in the incident where two four-year-old girls were sexually assaulted inside the school’s washroom at Badlapur in Maharashtra's Thane district by a male attendant on August 12 and 13. The high court slammed the police and said that there cannot be any compromise on safety of girls. The high court said that not reporting a POCSO crime is also a crime and action must be taken against school authorities.

The high court bench of Justices Revati Mohite Dere and Prithviraj Chavan heard the case today and blasted the police for the delay in filing of FIR in the assault on minors, PTI reported.

According to the report, the high court called the sexual assault on two minor girls at their school in Badlapur “absolutely shocking.” The high court further said that action ought to be taken against the school authorities for not reporting the incident despite being aware of it.

Bombay High Court Slams Police In Badlapur Case, Says Suspension Of Officer 'Not Enough'

The incident occured on August 12 and 13, but the FIR in the case was lodged on August 16 and the accused was arrested on August 17.

The Bombay High Court today observed that the police machinery had not moved till the public hit the streets with a protest and outburst. When the court was told that the errant police officials from the Badlapur police station have been suspended,  the bench said the suspension was not enough.  

“Unless there is strong public outburst, machinery won’t move. Won’t the state move till public outbursts like this,” the report quoted the high court bench.

 The high court further asked how the police could take such serious matters lightly, where girls as young as three and four-year-olds have been sexually assaulted.

The bench further said that if turn schools unsafe then what is a child supposed to do? "What did a three and four-year-old child do? This is absolutely shocking,” the report quoted the court. 

The high court further expressed displeasure at the manner in which the Badlapur police handled the case.

 The Bombay High Court directed the police to ensure all support is given to the victims and their families. The high court also raised questions over such incidents that might have gone unreported in the school. The high court said there might be so many cases which may have gone unnoticed. 

High Court Directs Action Against School For Silence In Badlapur Case

The high court said that silence of school authorities and delay by police in filing FIR discourages people from coming forward. It further emphasised that people should not lose faith in the police system or the judicial system.

The high court also called for steps within the police machinery to sensitise cops.  

The bench further directed the Special Investigation Team (SIT) set up by the Maharashtra 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.  

It further sought clarification from the police as to why there was a delay in registering the FIR by the Badlapur police and in recording the statement of the second victim. The high court took strong exception over the fact that the Badlapur police has not taken any steps to take the statement of the second girl till date. 

The court further warned against any attempt to hush up the case and said it won’t hesitate to take action against the police officer concerned.  

Bombay HC Questions Maharashtra Govt Over Security For Girls

The high court also asked the state government to explain what steps it is taking to ensure the safety and security of girls.

The high court noted that the school authorities were aware of the incident but kept silent and did not inform the police.  The bench said that under the Protection of Children from Sexual Offences (POCSO) Act, not reporting a case of sexual assault is also an offence.

The bench further asked 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.