Badlapur Sexual Assault| Why Don't We Tell Boys What Is Right & Wrong? Need To Change Mindset Of Boys When They Are Young: Bombay HC

A division bench of Justice Revati Mohite Dere and Justice Prithiviraj Chavan, hearing a plea taken up suo motu (on its own), said male dominance and chauvinism persist in society, and hence, boys need to be taught from a young age about right and wrong behaviour.

The court suggested setting up a committee to study the issue and recommend rules and guidelines to be followed in schools to avoid such incidents.

Two four-year-old girls were allegedly sexually abused by an attendant at a school in Badlapur. The incident triggered protests, with the state government assuring strict action against the culprit.

The court reiterated its displeasure with the Badlapur police's initial handling of the probe and said the police ought to have shown some sensitivity.

The bench noted, "One of the victim girls and her family were asked to come to the police station to record their statement. The Badlapur police did not even attempt to record the statement at their house. There has been a serious lapse in the investigation by the Badlapur police."

Maharashtra's Advocate General (AG) Birendra Saraf admitted to the lapse and said three police officers from the Badlapur police station have been suspended.

The court further said the state education department could step in to ensure children are taught in school about gender equality and gender sensitisation from the pre-primary level itself.

"Male dominance and male chauvinism are still there. Until we teach our children at home about equality, nothing will happen. Till then, all these laws like Nirbhaya and all will not work," the bench said.

"We always speak about girls. Why don't we tell boys what is right and wrong? We need to change the mindset of boys when they are young. Teach them to respect women," it added.

The court said proper awareness is required and lamented the overuse of social media among children.

"There is a Marathi movie 'Saatchya Aat Gharat' (Be home before 7 pm). Why is this only for girls? Why not for boys?" the bench questioned.

The court suggested setting up a committee comprising a retired judge, a retired policeman, a retired principal, a woman IPS officer and a member of the Child Welfare Committee.

This committee could study the issue and recommend rules and guidelines to be followed in schools to avoid such incidents in future, it said.

The bench said it would hear the matter further on September 3, by when the government shall inform it about the committee.

The court also sought to know why the victim girls were sent to the washroom with a male attendant and if the school had carried out a background check of the accused before employing him.

"Every educational institution must do a background check on its staff periodically. All these things are required to be done by every school. Has this school done it?" the court questioned.

The AG replied in the negative and said the accused's parents are employed in the same school, and hence, he was also hired.

The accused has been married thrice, and the statements of his wives have been recorded, he said.

The court also sought to know if the CCTV footage from the school premises was retrieved and preserved.

Saraf said the hard disk has been retrieved and is being examined.

The court suggested a separate cell in the Forensic Science Laboratory to probe only sexual assault and rape cases, as this would ensure that reports are submitted at the earliest.

The bench also expressed its displeasure with the fact that a male doctor had initially examined the victim girls.

It sought to know why the teacher did not inform the police about the alleged assault and only informed the school principal.

"A duty is cast on her to report the case. Isn't there a legal obligation cast on a person to report such an incident? Let the special investigation team (SIT) formed to probe the case also examine this aspect," the court said.

The bench also suggested a woman prosecutor be appointed to assist the special public prosecutor assigned to the case.

Cause Title: High Court on its Own Motion v. The State of Maharashtra

Appearance:

Respondent: Dr. Birendra Saraf, Advocate General a/w Mr. Hiten S. Venegavkar, Public Prosecutor and Mrs. P. P. Shinde, A.P.P