‘If Schools Aren’t Safe, What’s the Point of Right to Education?’ says Bombay HC in Badlapur Sexual Assault Case

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‘If Schools Aren’t Safe, What’s the Point of Right to Education?’ says Bombay HC in Badlapur Sexual Assault Case

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The Bombay High Court expressed deep concern over the safety of school environments on Thursday, taking serious issue with the recent sexual assault of two young girls at a school in Badlapur, Maharashtra. The court’s bench, led by Justice Revati Mohite-Dere and Justice Prithviraj Chavan, criticized both the local police and the state government for their handling of the case.

The court was alarmed by the delay in filing a case against the school, despite the girls’ complaints. “What kind of situation is this… this is extremely shocking,” the judges remarked, questioning why no action was taken against the school or its authorities. They underscored that if schools are not safe, the very concept of the ‘right to education’ is undermined.

The judges demanded immediate answers on why the police had not registered a case against the school under the Protection of Children from Sexual Offences (POCSO) Act. They noted that despite forming a Special Investigation Team (SIT) led by senior IPS officer Arti Singh, the case against the school should have been initiated as soon as the FIR was lodged.

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The court also expressed frustration over the incomplete documentation and delay in recording the second girl’s statement. It ordered that this statement be recorded and video-documented promptly. Additionally, the court scrutinized the police investigation, questioning why the entire record was not handed over to the SIT.

In response, Advocate General Birendra Saraf assured the court that the SIT would expedite the investigation and that the missing statement would be addressed. However, the court was unimpressed with the delays and demanded a full account of the police’s actions.

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The case has sparked widespread public outrage, especially given the recent similar incidents at Kolkata’s RG Kar Hospital. Protests have erupted in Badlapur, and the opposition Maha Vikas Aghadi (MVA) has called for a statewide bandh on August 24 to protest against the government’s handling of the incident.

Chief Minister Eknath Shinde has vowed to take action against the school and ensure that similar incidents are swiftly addressed. The state has mandated that all schools install CCTV cameras within a month, with footage to be reviewed frequently to enhance safety and prevent future incidents.

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