Badlapur case: Bombay High Court stresses on sensitising boys for a safe environment for girls

Bombay High Court addresses Badlapur sexual assault case, emphasizes educating boys, proper investigation, and implementing POCSO Act effectively.

Hearing a suo motu PIL on the Badlapur sexual assault case of two kindergarten students, the Bombay High Court on Tuesday (September 3, 2024) said that the State of Maharashtra must sensitise boys to be able to build a safe environment for girls to grow in the society. The State committee constituted in the case should suggest and implement measures to tackle sexual assault of children and similar crimes.  

A Division Bench of Justices Revati Mohite Dere and Prithviraj K. Chavan reiterated that the State of Maharashtra must take initiatives to teach boys from a very young age about the right and wrong, on respecting women and girls. The Bench also tweaked the Central government’s slogan, ‘Beti Padhao, Beti Bachao‘ to ‘Beta Padhao aur Beti Bachao’ (Educate son and protect daughter).  

The court also asked the police to not make any rush into probing the case out of public pressure. “Ensure investigation is proper. Ensure this is not a case of justice hurried. Build a watertight case and don’t file a chargesheet hurriedly under public pressure. Investigation must be done correctly,” the Bench stated. 

The Bench also emphasised on sensitisation of doctors, “Efforts must be taken to make even private doctors aware that they cannot refuse to examine a rape victim under Protection of Children from Sexual Offences [POCSO] Act. They cannot ask the victims to go to the police.”  

The Bench appointed retired Justices Sadhana Jadhav and Shalini Phansalkar Joshi of the Bombay High Court to head a committee which will give comprehensive recommendations for effective implementation of the POCSO Act in educational institutions. Former Indian Police Service, Meeran Borwankar is also appointed as part of this committee along with a former school principal. The Bench suggested including one more retired school principal preferably someone with experience of working in rural schools. The court has also asked the State government to make members of the Child Welfare Committee (CWC) part of this committee.  

The committee was initially established to recommend suggestions to ensure safety and security of girl children in educational institutions. It now includes suggesting steps to address trauma undergone by child victims of sexual assault.