'Beta Padhao, Beti Bachao': Bombay High Court Observes, Appoints 2 Retired Woman Judges For Safety Of Children In Educational Institutions

The Bombay High Court on Tuesday, while hearing the suo motu PIL regarding sexual assault of two kindergarten students in a school in Badlapur, Thane, reiterated that the Maharashtra Government must teach the boys about the right and wrong, saying 'Beta Padhao aur Beti Bachao' (Educate The Son To Protect The Daughter).

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan reiterated the need to teach the boys at a younger stage on respecting women and girls.

"Efforts must be taken to make even private doctors aware that they cannot refuse to examine a rape victim under POCSO Act. They cannot ask the victims to go to the police," the bench said while referring to various measures taken by the State to curb such instances.

Justice Mohite-Dere, emphasised, "And education of boys as suggested previously. That is an important issue. Beta Padhao and Beti Bachao..."

During the hearing, bench also appointed Justices (retd.) Sadhana Jadhav and Shalini Phansalkar-Joshi to head a Committee which will give comprehensive recommendations for effective implementation of the provisions of the Protection Of Children from Sexual Offences (POCSO) Act to curb the menace of sexual harassment in educational institutions and ensure safety of children in schools.

The bench also appointed former Indian Police Service (IPS) Meeran Borwankar to be part of this Committee. The bench has also approved name of a former school principal but suggested appointing one more retired principal, who has worked in rural schools. Further, the State has been asked to include members of the Child Welfare Committee (CWC) in this committee.

The committee has been given eight weeks to submit its report in the case.

Meanwhile, the bench expressed dissatisfaction over the 'efforts' taken by the Special Investigation Team (SIT) to arrest the two absconding accused - the trustees of the school. The judges noted that the SIT did not properly maintain the 'case diary' which, the judges termed to be 'full of stereotyped writing.'

Justice Chavan said, "From last 35 years, we see the same stereotypes in your case diaries. You need to do away this style of not maintaining proper case diary. The case diary must be accessed only by the investigating team and the court and not by any third person like the accused. You need to thus, maintain them properly."

Weighing in Justice Mohite-Dere emphasised that the case diaries must reflect the 'measures or steps taken by the investigating team to investigate the case.'

"For instance in this case, the case diary does not mention any proper steps taken to arrest the absconding accused. The case diary must reflect in detail, the steps taken to trace the absconders," the judge said.

To this, Advocate General Birendra Saraf submitted that the SIT is taking 'genuine efforts' to probe the incident properly.

"Mr Saraf please understand we are here after a strong outburst of the common man. We are speaking about the larger picture," Justice Chavan observed.

Further, the bench noted that the police has already completed the crucial Test Identification Parade (TIP), obtained the Forensic reports and also preserved the CCTV footage of the school.

"What else remains now," Justice Mohite-Dere asked AG Saraf, who responded, "We are in the process of filing the chargesheet."

To this, Justice Mohite-Dere responded, "Mr Saraf please don't work under public pressure. You have to ensure the investigation is done properly. We do not want to see justice hurried, justice buried. Please ensure the investigation is done properly and only then proceed further."

Meanwhile, the AG informed the judges that the State has issued a circular instructing doctors in public and private hospitals, to ensure strict implementation of the POCSO Act. He also apprised the bench of the measures taken by the Education department to curb such instances.