The Bombay High Court emphasizes the need to educate boys for creating a safer environment for girls in the Badlapur sexual assault case
The Bombay High Court is taking significant steps in response to the alarming sexual assault case involving two young girls in Badlapur. During a recent hearing on September 3, 2024, the court appointed retired Justices Sadhana Jadhav and Shalini Phansalkar Joshi to lead a committee tasked with developing comprehensive recommendations for the effective implementation of the Protection of Children from Sexual Offences (POCSO) Act within educational institutions
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Background of the Case
The case revolves around the sexual assault of two kindergarten students, aged three and four, by a school staff member. The accused was arrested on August 17, 2024, following public outrage over the incident, which included significant delays in the police's response and the registration of a First Information Report (FIR). The Bombay High Court expressed grave concerns regarding the investigation, highlighting the negligence displayed by the local police, including the failure to promptly register the FIR and the mishandling of evidence, such as missing CCTV footage from the school
Court's Observations and Recommendations
During the proceedings, the court underscored the need for a cultural shift in how society addresses issues of sexual violence, particularly focusing on educating boys about respect and appropriate behavior towards girls. Justices Revati Mohite Dere and Prithviraj Chavan emphasized that rather than solely instructing girls on how to protect themselves, it is crucial to teach boys about right and wrong. Justice Dere articulated this sentiment, stating, "We speak about victims. Why don't we tell the boys what's right and what's wrong? You need to tell the boys what they shouldn't do. Teach them to respect the other gender."
The court's remarks reflect a growing recognition of the importance of gender sensitization in preventing sexual violence. The judges criticized the existing protocols that place the burden of safety primarily on girls, advocating for a more balanced approach that includes educating boys as part of the solution
Formation of the Committee
The newly formed committee, led by Justices Jadhav and Joshi, is expected to provide recommendations that will enhance the implementation of the POCSO Act in schools. This includes developing Standard Operating Procedures (SOPs) for police, hospitals, and educational institutions to ensure a more sensitive and effective response to incidents of sexual assault against minors. The court has called for the committee to include a diverse range of members, including retired judges, police officers, and educators, to ensure a comprehensive approach to the issue
Criticism of Police Conduct
The court also took the opportunity to criticize the Badlapur police for their handling of the case, particularly for summoning the victims and their parents to the police station, which is a violation of the POCSO Act. The judges expressed their dismay over the police's failure to provide immediate support and counseling to the victims, stressing the importance of addressing the psychological trauma experienced by the young girls
Justice Mohite Dere pointed out that the police's actions not only discouraged public reporting of such crimes but also highlighted a systemic failure in addressing the needs of victims. The court insisted on the necessity of providing legal assistance and counseling to the victims and their families, ensuring that they receive the support required to navigate the aftermath of such traumatic events.
