HC: If schools are not safe, why talk about Right to Education?

Mumbai What is the use of speaking about the right to education if children are not safe inside schools, the Bombay high court asked on Thursday as it heard a suo motu plea on the alleged sexual assault of two kindergartners at a school in Badlapur. The incident sparked protests earlier in the week with thousands of people blocking the Central Railway Line.
The division bench of justices Revati Mohite Dere and Prithviraj Chavan also pulled up the state police, saying it was not at all “happy” with the manner in which the Badlapur police handled the case.
“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,” justice Mohite-Dere remarked.
“What is this situation? Extremely shocking,” the judge said.
A male attendant allegedly sexually assaulted two girls, aged around 4, in the school’s washroom on August 12 and 13. The FIR was, however, registered on August 16, and the accused was arrested the following day, according to police documents presented in court.
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“Unless there is a strong public outburst, the machinery won’t move,” the court remarked.
The sexual assault of the two girls was “not only heinous, but also shocks the conscience”, it said.
“Such serious matters where girls as young as three and four years old have been sexually assaulted… how can the police take it so lightly,” the court questioned. “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 said.
The bench directed the police to ensure that all support was given to the victims and their families, adding that the minors should not be victimised further.
“In this case, the girls complained, (but) there might be so many cases which may have gone unnoticed,” the court said.
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Police should have offered support to the families of the two girls, but it did not happen, said the judges. “First thing, the police should have filed FIR. School authorities were silent. This discourages people from coming forward,” the judges observed. “People should not lose faith in the police system or the judicial system. If public had to come to the streets then think about the future,” the HC said.
The police department should take some steps to sensitise its officials and staff, the judges said, while directing the SIT set up to probe the case to file a report by August 27 on what steps it had taken regarding recording of the statements of the girls and their families.
The report should also explain why there was a delay in registering the FIR by the Badlapur police and recording the statement of the second victim, the court said.
“We are appalled that the Badlapur police has not taken any steps to take the statement of the second girl to date,” the HC said.
If it found that there was an attempt to hush up the case, it would not hesitate to take action against the concerned police officer, the high court stated.
“Also tell us what steps the state government is taking to ensure the safety and security of girls. There can be no compromise on this,” said the judges. The bench noted 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 court observed.
Maharashtra Advocate General Birendra Saraf assured the court that action would be taken against the school authorities on Thursday itself.
Saraf informed that the errant police officials at the Badlapur police station have been suspended.
The incident sparked a massive protest in Badlapur on August 20 when parents and locals blocked the Central railway line for over nine hours in protest against delay in police action.
The accused was arrested on August 17, a day after the FIR was registered.