No Point of Right To Education If Girls Not Safe In School: Bombay HC Slams Police Over Badlapur Rape

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Synopsis

The bench criticized the police for not recording the statement of the second victim and for only recording the statement of the first victim's father after the court took suo moto cognizance of the incident

The Bombay High Court on Thursday criticized the police for their lack of action in the Badlapur rape case.

The division bench, comprising Justice Revati Mohite Dere and Justice P.K. Chavan, took suo moto cognizance of the rape of two 4-year-old kindergarten students by a school cleaner on Tuesday night.

Advocate General Birendra Saraf, appearing for the police, informed the court that the accused had been arrested and assured that the matter would be handled swiftly.

The bench, while questioning the Advocate General about the steps being taken to protect girls in schools and ensure their safety, expressed its concerns, stating:

“If schools are not a safe place then what is the point of talking about the right to education? These girls have complained but several cases go unreported. It needs a huge amount of courage to speak about all this. Definitely, the Police hasn't played its role the way it ought to be,"

Furthermore, the bench also said, “You should know what the motto of the Maharashtra Police is Sadarakshanaya Khalanigrahanay. It means to protect the good and restrain the wicked,”

Additionally, the bench called for action against the school authorities for failing to report the incident to the police, despite receiving complaints from the parents.

The Advocate General assured the court that appropriate action would be taken against all individuals responsible for the incident. He also informed the bench that a Special Investigation Team (SIT) had already been formed.

The bench further criticized the police for not recording the statement of the second victim and for only recording the statement of the first victim's father after the court took suo moto cognizance of the incident.

“What is this? After taking cognizance you recorded a statement. The incident is 13. FIR on 16. Only yesterday your statement was recorded. Why were statements of parents recorded earlier? We are interested in ensuring justice for the victim,” the court said.

The bench then directed the Advocate General to present all the investigative work conducted by the Badlapur Police and provide details on the actions being taken by the Special Investigation Team (SIT). The bench scheduled the next hearing for Tuesday at 2:30 PM.