High Court On Thane Rape: "If School Not Safe, No Point Of Right To Education"
“What kind of situation is this… this is really shocking,” a bench consisting of Justices Prithivraj Chavan and Revati Mohite Dere exclaimed this afternoon.
Mumbai: When it took suo moto cognizance of a case concerning the sexual assault of two children at a school in Badlapur, Maharashtra, last week, the Bombay High Court made pointed observations on Thursday. “If schools are not a safe place… then what is the point of talking about ‘right to education’?” it stated.
In a troubling reminder of how Kolkata’s RG Kar Hospital postponed filing a case in the rape and murder of a doctor this month, the court also censured the state and police on a number of issues, including neglecting to register a case against the school in spite of the girls’ allegations.
“What kind of situation is this... this is extremely shocking,” a bench made up of Justices Prithivraj Chavan and Revati Mohite Dere remarked this afternoon, criticizing the police and the government.
The judge inquired, “Did the girls complain to the school authorities?” and was informed that they had.
“So did you register any case… POCSO (Protection of Children from Sexual Offences Act) provides for impleading even school authorities for not reporting the crime,” the judge stated.
“SIT is formed… now it will,” But the court was unimpressed, stating, “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.” Advocate General Birendra Saraf spoke for the state in his response.
A special team headed by senior IPS officer Arti Singh had been created by the state.
“This offense is really grave. How can the police not take the sexual assault of two girls seriously? What measures are you doing to guarantee the safety of schoolgirls? Girls’ safety and security cannot be jeopardized in any way.”
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In addition, the court inquired as to whether the young ladies had gotten counseling in order to deal with the trauma. The justices questioned the state administration, saying, “We can’t lose sight of what happened…”
The High Court subsequently made demands on the timing of the investigation, namely when the Special Investigation Team (SIT) was established and the reasons for the local police’s refusal to turn over all of the papers.
In addition, it sought to know why, despite being included in the first girl’s parents’ statement, the second daughter was not included in the FIR. The judge gave the authorities instructions to “make sure the second victim’s statement is recorded today and video-record everything.”
“Why did the Badlapur Police not provide the SIT with the complete record? “Why are you hiding facts from us?” the judge questioned, casting doubt on the police findings.
“We don’t know how this police investigated the case… it did hardly anything,” the girl said, inquiring as to whether the officers had complied with Section 173 of the Code of Criminal Procedure, which requires them to wrap up investigations as soon as possible and recorded the statements made by both girls.
However, Mr. Saraf emphasized that a SIT had been established, the police had turned over all relevant paperwork, and the second girl’s statement will be recorded today.
“Families as well as record statements from females are what we anticipate from you. By the following date, we must view the case file. The judge said, “We want to see what investigation was done by the police.”
The next hearing date is Tuesday, the court announced, cautioning Mr. Saraf, “AG… you have a lot of answers to give on the probe by Badlapur Police.”
Large-scale demonstrations had been sparked by the sexual assaults in Badlapur and elsewhere, especially as they coincided with the horrifying events at Kolkata’s RG Kar Hospital.
In the Badlapur case, a 23-year-old school janitor was taken into custody. The parents’ 11-hour wait to file a police case further stoked public resentment; three of the participating officers have been suspended.
Action against the school has also been promised by Chief Minister Eknath Shinde, who further stated that the case will move quickly and that the guilty would not get off lightly. The state has mandated that all schools install security cameras within the next month and has issued a warning that noncompliance could result in the removal of operating permits.
The injunction further said that the principal would be responsible for contacting the police in the event that any incident was caught on camera, and that the tape would be reviewed at least three times a week.
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