Badlapur sexual assault: School failed at every point, reveals report

Minister Deepak Kesarkar underscored the urgent need for systemic changes in the education system

More disturbing revelations have unfolded after an inquiry into the Badlapur sexual assault case relating to two four-year-old girls at a local school uncovered a glaring oversight. The inquiry revealed that CCTV footage from the past 15 days was mysteriously missing from the recordings. On Monday, Minister of Education Deepak Kesarkar expressed grave concern over the school authorities' lack of action despite being aware of the missing footage. The state School Education Department, which conducted the probe, also discovered that CCTVs near the washrooms - where the incidents presumably took place - were absent. The minister emphasised the necessity of CCTV surveillance and panic buttons in schools while lamenting that the lost recordings could have served as crucial evidence.

Further investigations revealed troubling details about the day of the incident, as the minister also named the two school maids/helpers mentioned in the education department report who were assigned to escort the girls to the washroom but were conspicuously absent. Their negligence prompted the education department to recommend their prosecution as co-accused in the case.

Rohit Dandawate, president, Global Parents' Teachers' Association; (right) Deepak Kesarkar, education minister

The report stated that the school's principal and class teacher, despite knowing the absence of the maids during the crucial time, failed to act responsibly by not alerting the authorities. This inaction prompted recommendations for severe disciplinary measures under the Protection of Children from Sexual Offences Act (POCSO) against them.

The state government, spurred by public outcry and the gravity of the allegations, appointed a Special Investigation Team (SIT) to delve deeper into the case. Meanwhile, Kesarkar underscored the urgent need for systemic changes, including the mandatory installation of functional CCTV cameras in all schools and the establishment of help desks to prevent such tragedies in the future.

Protesters outside the school demanding justice for two minor girls. Pic/Navneet Barhate

The Badlapur school sexual assault case, as it came to be known, is a stark reminder of the vigilance required to safeguard children within educational institutions. The swift government response aimed to restore faith in the systems, which Kesarkar said is meant to protect the youngest and most vulnerable.

In response to this harrowing incident, the minister announced a series of corrective measures. He vowed to meet with the families of the victims, promising to personally oversee their education up to graduation. Financial support would also be extended to the victims, with the provision of monthly cheques to ease their burdens. "Like CCTV cameras, we are looking at making it mandatory to install panic buttons in school/hostels. Also, a high-level committee has been constituted to probe sexual assault cases in the school, which will submit its report soon," said Kesarkar.

Akshay Shinde, the accused

Additionally, Kesarkar detailed that the government would offer R10 lakh to the rape survivor and R3 lakh to the attempted rape survivor from the Badlapur school, while ensuring their identities remained protected.

Parents criticize

Meanwhile, parents have criticised the school education minister's suggestion to install panic buttons in schools, questioning their effectiveness for protecting kindergarten and nursery children. The parents argued that these measures are merely superficial attempts to pacify public discontent ahead of the upcoming state assembly elections.

Speaking with mid-day, Rohit Dandawate, president of the Global Parents' Teachers' Association, criticised the state government's approach to school safety. He said, "Instead of ensuring comprehensive inspections of safety protocols in all schools, the state government is making ineffective announcements. Panic buttons and CCTV footage will not prevent incidents. What's crucial is employing well-trained staff who have undergone thorough background checks. Additionally, there is a dire need for teachers and children to be sensitised. Many educators, including those at the Badlapur school, are not sufficiently aware of the POCSO law. There, the principal and teacher failed to act as required under the act, and despite the absence of the two helpers, they did not report the matter to the police or acknowledge the incident when parents first reported it."

Dandawate emphasised that many of the recent incidents involve very young children, like the 4-year-old at a Kandivali playschool in February. "It's crucial that the government accelerates the inclusion of playgroups, nurseries, and kindergartens in its regulatory framework.," he added.

Prasad Gokhale, a parent and convenor of Marathi Shala Aaapan Tikavlya Pajihet (‘We Must Save Marathi Schools'), an awareness group, voiced similar concerns. "How will children as young as three and four years old know to use the panic button? How will this button prevent such assaults? I believe the government should prioritise having staff with thorough background checks and police verification. Just as teachers receive post-approval from the government, the same should be done for cleaning staff and security guards. For government schools, cleaning staff should be directly recruited by the government. Using agencies for hiring cleaning and security personnel is fraught with risks," he said.

"Also, from kindergarten to Std. IV, a female employee must accompany the child to the toilet if there is no female attendant/staff present," added Gokhale.

CCTVs not enough

A principal from a prominent school in Mahim remarked, "Merely having CCTVs in schools isn't sufficient; these systems need to be operational at all times. Unfortunately, many schools overlook non-functional CCTVs. While panic buttons and CCTV footage can provide crucial evidence, they do not prevent incidents on their own. It's vital to have responsible and experienced staff. We conduct background checks, and now we're adding police verification. However, ensuring implementation falls under the education department's purview. Regrettably, there are rarely audits or checks. With the upcoming elections, the government has announced numerous measures. It will be interesting to see how many are actually put into practice and the extent of compliance among schools, given the lack of oversight."

Dr Swati Popat Vats, president of the Early Childhood Association, asserted that schools cannot afford to take complaints lightly or deny occurrences. "Apart from police verification of all staff, schools must collect and maintain comprehensive identity documents, including addresses, photos, and phone numbers of every staff member. It's essential to ensure that CCTVs cover all areas of the school and that there is a minimum 30-day backup for all recordings. Regular checks and monitoring of these systems are necessary to ensure they are functional and actively recording," she said.

According to Dr Vats, schools should also establish a Vishaka committee - a school-parent committee that meets regularly to discuss safety and other issues. "Moreover, it is vital for the school administration to be familiar with the POCSO Act, especially the sections on mandatory reporting. They must understand that dismissive attitudes such as ‘this cannot happen in our school' or ‘he/she is a senior staff member and cannot do something like this' are unacceptable. Immediate filing of a police complaint is mandatory when an incident is reported."

Dr Vats added, "Without these measures, simply having CCTV streaming will not be effective in preventing incidents."

Rs 10L
Amount to be paid to rape survivor

Rs 3L
Amount to be paid to sexual assault survivor

Aug 20
Day mass protests broke out in Badlapur