On Tuesday, the Bombay High Court emphasized that it is crucial not only to instruct girls on how to stay safe but also to educate boys about appropriate behavior and interactions with the opposite gender.
A Bench of Justices Revati Mohite Dere and Prithviraj K Chavan made this observation during the hearing of a suo motu case concerning the recent sexual abuse of two 4-year-old girls at a school in Badlapur, Thane.
"We always speak about the 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. Your committee can work on that aspect too. You need to change the mindset of the boys when they are young. Teach them to respect the other gender, respect women, gender sensitisation etc. We had moral science classes. Education department needs to step in here," the Court observed.
The Court was referring to the committee established by the government to explore measures for ensuring the safety and security of girls in schools. Today, the Court proposed that the panel should also include a retired judge, police officers, retired principals, and members of the Child Welfare Committee.
"We want all parties to come together so that they can suggest measures."
It asked the committee to file a comprehensive report on the incident, saying,
"We will need to make a checklist, that every school has to follow this...This is the case where things have come to light, there are cases where there is no reporting, no examination."
"It all looks good on paper...Do victims know their rights? The public awareness should also be created by the State. All these GRs, committees won't help...Has it helped so far? Unless you inculcate and imbibe all these things in kids."
Last week, the Court criticized the police for their shortcomings in investigating the case and for not taking timely action against the school authorities who had failed to report the incident promptly. During today’s hearing, the Court reaffirmed that the legal requirements had not been adhered to. State Advocate General Birendra Saraf concurred that the matter should have been managed with greater sensitivity. The Court also inquired whether the accused, who was employed at the school, had previously worked at other institutions.
"He was working as a watchman in a colony. His brother is also in the school. He [accused] is married for a third time, wife's statements are recorded. Parents are also working," the AG said.
The Court noted that the school was obligated to conduct background checks before hiring staff. When the Advocate General confirmed that this had not been done, the Bench raised concerns about the school authorities' lapses in reporting the crime.
"Illegal ommision also amounts to abetment (under POCSO Act). Why was one of the accused, a teacher not arrested? Are you making her an approver?"
The Advocate General assured the Court that the Special Investigation Team (SIT) handling the case would look into this issue and ensure that all responsible parties are held accountable. The Court also stressed the importance of prioritizing the acquisition of documents from the Forensic Science Laboratory (FSL) in cases under the Protection of Children from Sexual Offences (POCSO) Act.
The Court will continue hearing the matter on September 03.
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