Badlapur sexual assault case: HC urges state govt to implement school safety measures

Mumbai: The Bombay High Court on Wednesday directed the Maharashtra government to consider adopting the recommendations of a state-appointed committee to enhance the safety of children in schools. The bench, comprising Justice Revati Mohite-Dere and Justice Dr Neela Gokhale, was hearing a suo motu public interest litigation (PIL) concerning the sexual assault of two pre-primary students at a school in Badlapur East.

During the proceedings, public prosecutor Hiten Venegaonkar submitted a report prepared by the 20-member committee, which convened over three times between October and December. The committee received 1,493 suggestions and reviewed existing guidelines and circulars related to child safety in schools.

The report proposed several key measures, including educating children on good and bad touch, mandatory installation of closed circuit television (CCTV)s within school premises, appointing female attendants in school corridors, forming school safety committees, and making schools responsible for student transportation. Additionally, it recommended holding school heads and management representatives accountable for any incidents within school premises. It also urged the social welfare department to address gaps in Ashram Schools, residential institutions for tribal children, and suggested prominently displaying child helpline numbers while educating students about cybercrimes.

Advocate Kavisha Khanna, representing the survivors of the Badlapur school assault case, argued that disciplinary action against the police officers involved was inadequate. She criticised the decision to merely withhold their salary increments for two years and called for stricter measures.

Following the hearing, Khanna stated that the survivors were seeking criminal prosecution of the former investigating officer and constables for alleged delays in filing the FIR and lapses in the investigation. She asserted that their actions were in violation of sections 166A and 199 of the Bharatiya Nyaya Sanhita, as well as sections 19 and 21 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Khanna highlighted the significance of Section 166A, introduced after the Justice Verma Committee’s recommendations, which mandates prosecution of erring police officers. She stressed that invoking this provision would set a precedent, ensuring accountability and deterring further lapses in handling similar cases.

The case stems from the sexual assault of two kindergarten students in August 2024 within the toilet of their pre-primary school in Badlapur East, Thane district. Widespread outrage followed allegations that both the school administration and local police had been reluctant to act, prompting protests that brought the Central Railway line to a standstill for over 10 hours.

The primary accused, school attendant Akshay Shinde, was killed in a police encounter on September 23. According to police, while being transported from Taloja jail to Thane for questioning in another case, Shinde allegedly snatched an officer’s gun, fired three rounds, and was shot dead in retaliatory fire. The incident reportedly occurred in a police van near the Mumbra bypass in Thane, after officers had momentarily removed his handcuffs at his request for drinking water.

The massive protests that followed led the High Court to initiate suo motu proceedings regarding the safety of children in schools. The court is expected to address police accountability in subsequent hearings before concluding the matter.