Bombay High Court Addresses Sexual Assault Case and Calls for Gender Sensitization

 

 On August 27, 2024, the Bombay High Court addressed a suomotu Public Interest      Litigation (PIL) concerning the alleged sexual assault of two minor kindergarten girls at a school in Badlapur, Thane. The court, comprising Justices Rev

ati Mohite Dere and Prithviraj Chavan, underscored the critical need for early education on gender respect and ethics for boys, alongside addressing procedural failures in the investigation.

Court's Observations On Gender Sensitization

Justice Mohite Dere emphasized the necessity of teaching boys the difference between right and wrong, advocating for a committee to focus on gender sensitization. She stated, "We always speak about the victims. Why don't we tell the boys what's right and what's wrong?" The judge highlighted the importance of changing boys' mindsets at a young age and integrating moral education into school curricula.

Justice Chavan echoed these sentiments, asserting that without teaching equality at home, societal change would be ineffective. He criticized the prevailing male dominance and suggested that media portrayals often reinforce harmful stereotypes, questioning why societal norms seem to dictate that girls must adhere to curfews while boys are not similarly admonished.

Committee Formation and Recommendations

The court requested Advocate General Birendra Saraf to propose members for a committee tasked with developing strategies to prevent such incidents in schools. The suggested committee should include diverse professionals, such as a retired judge, a retired IPS officer, and representatives from child welfare organizations, to ensure comprehensive recommendations.

Justice Mohite Dere pointed out that existing government resolutions focused solely on girls, neglecting the broader definition of "child" under the POCSO Act, which includes boys. She insisted that the committee's scope should encompass all children.

Critique of Police Investigation

The court expressed serious concerns regarding the initial police investigation, highlighting significant lapses in protocol by the Badlapur Police. Justice Mohite Dere noted that the police's failure to promptly register the FIR and their insensitivity in handling the victims' statements were unacceptable. She remarked, "There is complete non-compliance of the mandate," emphasizing that the police's role is crucial in such sensitive cases.

Justice Chavan criticized the police's lack of urgency, stating that public outcry often seems necessary for the machinery to respond effectively. He called for a reassessment of police training and practices to ensure that they are equipped to handle cases involving minors sensitively and efficiently.

Media Responsibility and Victim Support

The judges also addressed the media's role in such sensitive cases, urging responsible reporting that adheres to the provisions of the POCSO Act. They warned that any breach of confidentiality regarding the victims' identities could lead to contempt proceedings against media outlets.

Furthermore, the court mandated that a female public prosecutor assist in the case to ensure the victims' comfort and well-being. Justice Mohite Dere highlighted the need for fewer medical examinations by different doctors to avoid further trauma for the victims.

Conclusion and Next Steps

The Bombay High Court's intervention in this case underscores the urgent need for systemic reforms in handling sexual assault cases, particularly those involving minors. The court has scheduled the next hearing for September 3, 2024, where it expects to review the proposed committee members and further actions taken by the state to address the issues raised during the hearing. The judges' remarks reflect a commitment to ensuring justice and the protection of children's rights, emphasizing the importance of both legal and societal changes in preventing future incidents.