“We have found that some social media platforms have identified the school involved in the incident, which breaches the POCSO Act. The law imposes penalties for such violations. We will incorporate the entire Section 23 in our order to remind the media of their responsibilities.” the bench stated
![[Badlapur School Assault Case]"We have found that some Social Media Platforms Identified the School involved...violates POCSO Act": Bombay HC Slammed Police](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-100-1.png?resize=549%2C309&ssl=1)
Mumbai: On August 27th, the Bombay High Court Bench, comprising Justices Revati Mohite Dere and Prithviraj K Chavan, made this observation during a suo motu hearing about the recent sexual abuse of two 4-year-old girls at a school in Badlapur, Thane.
Justice Mohite-Dere remarked that the chart revealed procedural lapses by the Badlapur Police.
“We have found that some social media platforms have identified the school involved in the incident, which breaches the POCSO Act. The law imposes penalties for such violations. We will incorporate the entire Section 23 in our order to remind the media of their responsibilities.”
the bench statedAdvocate General Birendra Saraf presented a document explaining the detail the steps taken in the investigation.
Justice Chavan
“Mr. AG, please confirm whether the Maharashtra Police has ever invoked Section 23 of the Act against the media for disclosing the identity of the victim or their family.”
The Court stated
“The objective is to safeguard the victim’s identity. The purpose of the Act must be upheld.”
She noted that the law’s requirements were not met, criticizing the police for requiring the victim and her parents to visit the station for statement recording, which she deemed both “insensitive and illegal.”
The Advocate General acknowledged the issues, stating,
“Milords, we acknowledge that actions should have been expedited and the law adhered to. Consequently, three officers have been suspended.”
When inquiring about the current status of the investigation, Justice Mohite-Dere was informed
Justice Mohite-Dere asked the investigating authority
“What is the latest update on the investigation?”
Advocate General
“My lady, the Test Identification Parade has been conducted.”
J. Chavan expressed profound shock and questioned
“Was he the only male assigned to clean the toilets? Had he previously worked with the management? Did he have any connections? What are the details of the accused’s background?”
In reply advocate General
“He was formerly a watchman, and his parents and cousins are employed at the same school. He has been married three times, and we are currently recording statements from his wives.”
The Bench inquires if the CCTV footage from 15 days prior to the incident has been preserved.
J. Mohite-Dere asked
“Even if the footage has been deleted, it can still be retrieved.”
In reply AG:
“We have preserved the CCTV footage.”
J. Mohite-Dere
“Can the footage show the accused entering the school, among other details?”
Advocate General stated
“We are currently reviewing the footage.”
The Bench then instructed the Advocate General to review Rule 3 of the POCSO Act, which outlines the procedures for recording the statement of a child victim. Additionally, the Bench inquired whether CCTV footage from 15 days prior to the incident had been preserved.
READ ALSO: [Badlapur Assault Case] “Took Action Only After Public Outcry”: Bombay HC Slams Police
Justice Mohite-Dere emphasized that even if the footage had been deleted, it could still be recovered. The Advocate General assured the court that the CCTV footage had been preserved and was being examined.
Badlapur School Sexual Abuse Case
Two four-year-old girls at a prominent school in Badlapur were allegedly sexually assaulted by a 23-year-old cleaner, Akshay Shinde, on August 12-13, 2024. The abuse occurred in the girls’ restroom, which lacked female supervision. Shinde had been hired just 12 days prior on August 1, 2024.
The assaults came to light when one of the girls reported pain to her parents, who then discovered that another girl had also been victimized.
A complaint was filed on August 16, 2024, leading to Shinde’s arrest. The school had no CCTV cameras, failed to perform a background check on Shinde, and lacked a Sakhi Savitri Committee for child protection, as highlighted by Susieben Shah, chairperson of the Maharashtra State Commission for Protection of Child Rights (MSCPCR).
Bombay High Court’s Response
The Bombay High Court has taken suo moto cognizance of the Badlapur sexual abuse case involving two minor girls, aged 3 and 4.
The court expressed profound shock and questioned the safety of schools, stating,
“If the school is not a safe place, then what is the use of talking about the right to education? Even 4-year-old girls are not safe. What is this situation? It is extremely shocking.”
Shiv Sena (UBT) chief Uddhav Thackeray has called for a Maharashtra bandh on August 24 to protest the recent abuse of young girls in Badlapur. Thackeray questioned the safety of girls in schools and criticized the societal “distorted mentality” contributing to such violence. He framed the bandh as a unified stand against the rape epidemic, drawing comparisons to nationwide protests over a recent incident in Bengal and urging collective action similar to the response to the COVID-19 pandemic.
