The court proposed three individuals for inclusion in the committee to enforce POCSO rules: retired IPS officer Meera Borwankar, former Bombay High Court judge Sadhana Jadhav, and Shalini Phasalkar Joshi.
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Mumbai: Today (3rd Sept): The Bombay High Court has raised serious concerns regarding the flawed implementation of the POCSO (Protection of Children from Sexual Offences) Act.
READ ALSO: [Badlapur Assault Case] “Took Action Only After Public Outcry”: Bombay HC Slams Police
During a hearing on a case involving the sexual assault of several nursery school girls at a school near Mumbai, which led to significant protests last month, the court emphasized the need for a committee to establish standard operating procedures for police, hospitals, and schools in handling cases of sexual assault on minors.
Justice Revati Mohite Dere and Justice Prithviraj K. Chavan took suo-motu notice following statewide protests calling for justice for children. The court has instructed the victim’s lawyer to promptly remove the victim’s name and address from the application,”
stated the bench.
The court also criticized the progress in the investigation, calling it “unsatisfactory.”
The authorities faced reprimand for the inadequacy of the progress report submitted by Advocate General Birendra Saraf. The court highlighted multiple shortcomings, including an incomplete sentence in the report.
To improve enforcement of POCSO regulations, the court suggested the formation of a committee, proposing the inclusion of retired IPS officer Meera Borwankar, former Bombay High Court judge Sadhana Jadhav, and Shalini Phasalkar Joshi in the panel.
The court emphasized the need for female attendants in boys’ schools to care for minor boys.
“There should be a woman to look after minor boys in boys’ schools as well. It’s not necessary that just because he is a boy, he should be accompanied by a male employee for tasks like going to the toilet. Female employees will provide better care,” the judges remarked.
“The court has asked for the FSL report and CCTV footage. A second FIR was lodged on August 25th, and all statements and evidence have been recorded. The next step is to file the chargesheet,”
added the judges.
Justice RP Mohite Dere emphasized,
“A thorough investigation is necessary. We must avoid hasty actions. Ensure everything is meticulously handled to prevent a case of justice hurried.”
Justice Prithviraj K. Chavan criticized the case diary, stating,
“The case diary has been written in a stereotypical manner, a practice followed for the past 35 years. It fails to detail the steps taken during the investigation. While specific case details need not be disclosed, the case diary should adequately reflect the investigation process.”
He directed that “a report be prepared to discourage such practices and ensure transparency in the investigation.”
Justice Prithviraj K. Chavan continued,
“While the accused does not have the right to access the case diary, it should accurately reflect the investigation. I am dissatisfied with the current conduct of the investigation.”
AG Birendra Sarraf responded,
“This language has become a writing method for them.”
Justice Prithviraj K. Chavan remarked,
“The purpose of the case diary is defeated if written in a formulaic manner. We anticipated the case diary would detail the concrete actions taken by the SIT.”
AG Birendra Sarraf assured, “I will take action.”
Justice Prithviraj K. Chavan asserted, “This isn’t just one case.”
Justice RP Mohite Dere stated,
“Chargesheets shouldn’t be filed due to public pressure; investigations must be thorough. We constantly oversee many cases, including that of a 90-year-old woman whose case was mishandled. We want to know if a helpline existed before the incident and what changes are being made.”
Justice Prithviraj K. Chavan supported,
“The committee’s suggestions are valid, but effective implementation is crucial.”
AG Birendra Sarraf assured,
“Every effort will be made to implement the report. It was completed quickly and includes mostly government employees.”
The court discussed the use of video recordings for statements, with Justice RP Mohite Dere emphasizing, “Any requests for video recording should be handled quickly.”
Justice Prithviraj K. Chavan added, “This should be in addition to statements recorded under Section 164.”
Justice Prithviraj K. Chavan stressed,
“Steps are required to ensure private doctors are aware they cannot refuse to examine a victim in POCSO cases.”
Justice RP Mohite Dere added, “Also, education of boys… बेटा पढ़ाओ, बेटी बचाओ।”
“Matter adjourned to four weeks. However, the Saki Naka matter will be taken up on Thursday,”
concluded the judges.
“Committee report to be submitted in eight weeks.”
The court also observed that since the last hearing, three tasks have been completed: a test identification parade, forensic analysis, and examination of call detail records (CDRs).
