Badlapur sexual assault case shocking; cannot compromise on safety, security of girls: Bombay HC

Protestors blocked the railway tracks at Badlapur railway station in protest against the sexual assault of two girls at a school, in Thane district, on Tuesday. Pic/PTI

The Bombay High Court (HC) on Thursday termed the Badlapur sexual assault incident as "absolutely shocking" and said that there cannot be any compromise on the safety and security of girls. Two girls, aged four, were sexually assaulted by a male attendant at their school in Badlapur in Thane district on August 12 and 13.

A division bench of Justices Revati Mohite Dere and Prithviraj Chavan stated that action ought to be taken against the school authorities for not reporting the incident despite being aware of it. It also slammed the police over the delay in registering the first information report (FIR) in the Badlapur sexual assault case and for not recording the second girl's statement.

"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 had taken suo motu (on its own) cognisance of the Badlapur sexual assault case.

The FIR in the case was lodged on August 16 and the accused was arrested a day later, as per the court documents.

The bench said that the police machinery had not moved till the public hit the streets and blocked the railway tracks and protested outside the school on Tuesday.

"Unless there is strong public outburst, machinery won't move. Won't the state move till public outbursts like this," the court questioned.

The bench further said that 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? 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 observed.

Expressing its anger over the way the police handled the case, the court said, "We are only interested in seeing that the girls get justice and this is exactly what the police should have also been interested in."

The bench also directed the police to ensure that the girls and their families are given all the necessary support.

Stating that the "victims should not be victimised further", the court said, "In this case, the girls complained, there might be so many cases which may have gone unnoticed."

The bench accused the police of not showing any support to the families of the two girls.

"First thing, the police should have [done is] filed FIR. School authorities were silent. This discourages people from coming forward," the court said, adding, "People should not lose faith in the police or the judicial system. If the public had to come to the streets, then think about the future."

The bench also called for steps within the police machinery to sensitise cops and directed the Special Investigation Team (SIT) set up by the state government to probe the case to file a report by August 27. The SIT has to mention the steps it has taken about the recording of the girls' statements and their families and 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 that if it discovers that there has been an attempt to hush up the case then it would not 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," the court 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, the bench said.

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

"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.

Advocate General Birendra Saraf assured the court that action would be taken against the authority concerned from the school on Thursday itself.

Saraf informed the bench that the statement of one of the girls has been recorded before a magistrate and the statement of the second child would be taken on Thursday.

The court sought to know why there was a delay in doing that and then directed SIT to also submit the original case diary maintained by Badlapur police, a copy of the FIR and other papers related to the case.

Saraf informed the court that the errant officers from Badlapur police station have been suspended.

However, the bench was not satisfied with the action taken.

The sexual assault on the two kindergarten students by a male attendant and the lack of action by the school and the police had sparked a massive protests in Badlapur on Tuesday.

Meanwhile, a local court extended the male attendant's police custody till August 26.

(With PTI inputs)