“Committee Has not Received Any Information, Are You Serious About This?”: Bombay HC Questions Maharashtra Govt’s Commitment on Badlapur School Safety Panel

Today(25th Sept), The Bombay High Court expressed frustration over the slow progress of the child safety committee following the sexual assault of two toddlers in Badlapur. Justices criticized the lack of information provided to committee members regarding their responsibilities.

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"Committee Has not Received Any Information, Are You Serious About This?": Bombay HC Questions Maharashtra Govt's Commitment on Badlapur School Safety Panel

MUMBAI: Today(25th Sept), The Bombay High Court voiced its deep frustration with the lack of progress made by the committee established to investigate child safety in schools. This comes in the wake of a shocking incident in Badlapur, where two toddlers were sexually assaulted by a school sweeper named Akshay Shinde.

During the proceedings, Chief Public Prosecutor Hiten Venegaonkar appeared before a bench comprising Justices Revati Mohite-Dere and Prithviraj Chavan. The justices expressed concern that none of the committee members had received any pertinent details or the High Court’s directive regarding their responsibilities.

Justice Dere highlighted the seriousness of the situation, stating-

“To date, the committee has received no information. Are you serious about this? You assured us of your commitment, yet no action has been taken. The committee is expected to submit its report within eight weeks, but how will that be possible now? This raises doubts about your sincerity. Your actions contradict your promises. This cannot just remain on paper.”

In response, Venegaonkar assured the court that he would consult with Maharashtra Advocate General Birendra Saraf and provide an update by the end of the day.

The committee was formed as a direct response to the horrifying sexual assault of two toddlers by Akshay Shinde at a school in Badlapur, an incident that occurred between August 12 and 13. The High Court took suo motu cognizance of the incident due to significant delays in filing a First Information Report (FIR) and the insensitivity demonstrated by both school authorities and local police in handling the case.

Comprising seven members, the committee is led by retired Justices Sadhana Jadhav and Shalini Phansalkar-Joshi. Other prominent figures on the committee include retired IPS officer Meera Borwankar, education specialists Sucheta Bhawalkar and Jaywanti Baban Sawant, psychiatrist Dr. Harish Shetty, and Brian Seymour, who is the President of ICSE and ISC preschools in Maharashtra and Goa.

The committee’s primary objective is to address child safety concerns within educational institutions. It is tasked with reviewing existing government guidelines and circulars related to child safety in schools, as well as their surroundings and transportation. Furthermore, the committee aims to propose measures that will bolster student safety and ensure the effective implementation of the Protection of Children from Sexual Offences (POCSO) Act and related laws.

Justice Dere emphasized the committee’s autonomy to suggest additional recommendations beyond those already specified, particularly in relation to preschool and nursery safety. The committee is expected to deliver its findings by October 29.

In addition to reviewing the committee’s responsibilities, the bench also examined interim recommendations from a state government committee established after the Badlapur incident. The court encouraged the government to implement these measures as an immediate response while awaiting the final report.

The court also took note of a circular issued by the Public Health and Medical Education Department on September 2. This circular reiterated hospitals’ obligations under the POCSO Act, especially after the court criticized the Badlapur police for allowing male doctors to examine the young victims instead of female doctors, which raised significant concerns about the treatment of the victims.

The Directorate of Forensic Science Laboratories informed the court of the establishment of special units within DNA departments to expedite the processing of samples in POCSO cases. These units will prioritize cases whenever the court issues orders for chemical analysis reports, demonstrating a commitment to swiftly addressing such grave matters.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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