HC rebukes police, state on mishandling Badlapur school sexual abuse case

'If schools are not a safe place, then what is the point of talking about the right to education?' Bombay High Court questions authorities in Badlapur assault case

The Bombay High Court took suo moto cognisance of the sexual assault of two young girls at a school in Badlapur, Maharashtra, expressing grave concerns over the safety of children in educational institutions on Thursday. The court’s reaction came following the incident last week, where two minor girls, aged four and three, were reportedly assaulted on school premises, prompting widespread public outrage.

A 23 year old janitor was arrested in the case.
 

The bench, comprising Justice Revati Mohite Dere and Justice Prithivraj Chavan, questioned the integrity of the investigation, reprimanding the police and state authorities for their delayed response. The court drew parallels with the recent RG Kar Medical College incident in Kolkata, where a similar delay in filing a case after the rape and murder of a trainee doctor led to accusations of a cover-up.

The judges expressed shock that despite complaints from the victims, no immediate action was taken against the school under the Protection of Children from Sexual Offences (Pocso) Act, which mandates strict legal proceedings against authorities who fail to report such crimes. Additionally, the parents had to reportedly wait 11 hours to file a case with the police.

“If schools are not a safe place… then what is the point of talking about 'right to education'?” the court questioned, underlining the gravity of the situation.

The court further demanded explanations from the police on why they had not promptly registered a case against the school authorities and insisted on transparency in the investigation. Despite the formation of a Special Investigation Team (SIT) led by senior IPS officer Arti Singh, the court criticised the delay in proper legal proceedings, including the failure to initially include the second victim in the FIR.

The bench instructed the police to record the statement of the second victim immediately and to ensure that all evidence is meticulously documented. The court also inquired if the minor victims had received adequate counselling to help them cope with the trauma.

“This is such a serious offence. Two girls were sexually assaulted… how can the police not take this seriously? We want to know what steps you are taking to ensure schoolgirls' safety. The safety and security of girls cannot be compromised… at all,” the judges declared, stressing the need for accountability.

The court has set a hearing for the following Tuesday, demanding the submission of the complete case file and a detailed report on the investigation. The judges warned that the Advocate General, Birendra Saraf, and the Badlapur Police would need to provide substantial answers regarding the conduct of the investigation.

This case has drawn significant attention, particularly following the shocking and tragic events at Kolkata’s RG Kar Medical College earlier this month, and has spurred demands for more rigorous protective measures for children in schools. The Bombay High Court’s intervention underscores the urgent need for reforms in handling such sensitive cases and ensuring justice for victims of sexual violence.

[With agency inputs]