Facts of the Case

In the Badlapur child sexual abuse case, the accused, employed as a school cleaner, was arrested on August 17, 2024, for allegedly sexually assaulting two young girls. The arrest followed after a massive public outcry, which prompted authorities to order a fast-track trial on August 20. Due to allegations of delayed FIR registration and police negligence, a Special Investigation Team (SIT) was established to investigate the case thoroughly. The investigation revealed significant lapses, including the disappearance of 15 days’ worth of CCTV footage despite the cameras being functional. The Maharashtra Education Minister, Deepak Kesarkar, cited findings from the Women and Child Welfare Department, emphasizing that the principal and class teacher, informed of the incident on August 14, failed to report it, leading to potential charges under the POCSO Act.

Bombay High Court’s Suo Motu Cognizance

Citation- Suo Motu Public Interest Litigation No. of 2024

The Bombay High Court, led by a division bench of Justices Revati Mohite Dere and Prithviraj Chavan, took suo motu cognizance of the case, highlighting grave concerns about the delay in lodging the FIR and the numerous lapses in the police investigation. The court emphasized the seriousness of the incident, especially considering the young ages of the victims, aged 4 and 3 years. The judges expressed deep concern, stating, “If the school is not a safe place, then what’s the use of speaking about all this right to education and all other things… Even 4-year-old girls aren’t being spared. What is this situation. Extremely shocking it is.”

Court’s Observations

The court criticized the Badlapur Police for failing to fulfill their duties, particularly in the delayed FIR registration, which discouraged public reporting of such heinous crimes. Justice Mohite-Dere remarked, “The first thing which should be done in such cases of minors is that the police should have registered an FIR, but instead they made the family wait for hours which discourages the public from reporting such incidents.” The judges also raised concerns about the missing CCTV footage, the delayed recording of statements from the victims’ families, and the lack of immediate action against the school authorities.

Justice Chavan expressed frustration over the public’s need to protest to prompt action, stating, “It has become a common thing now. Unless there is a strong outburst, the machinery doesn’t work.” The judges stressed the necessity of sensitizing the police force to prevent such delays and ensure justice for the victims. The court also questioned the adequacy of support and counseling provided to the victims, emphasizing the importance of addressing their trauma. Justice Mohite-Dere insisted, “We can’t lose sight of the fact of what’s happened with the victim girls. We want to know what the State has done for counselling the victim girls.”

In their order, the judges recorded their dismay over the police’s handling of the case, stating, “There is a delay not only in registering an FIR but also the school authorities haven’t lodged a complaint. This is apparent from the FIR Copy.” The court expressed shock that the statements of the second victim’s father were only recorded after the court intervened. The bench concluded by urging the authorities to ensure all necessary legal assistance and counselling are provided to the victims and their families.

– Deeksha Rai