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Gender and Sexuality Rule of Law

Maharashtra: Two minor girls sexually assaulted, delay in FIR, failure of accountability, attempts to cover up crime

Protests by locals in Badlapur after Maharashtra police did not file an FIR in the case for over 12 hours after it was brought to their attention– delaying medical examination by 10 hours—has created a storm in Thane district of Maharashtra; SCPCR accuses school of attempting to cover up the crime instead of assisting the parents in filing a police complaint; Opposition says school was run those with the BJP

Image: news18.com

India is grappling with a disturbing rise in violence against women and children, reflecting a broader societal crisis. In the month of August 2024 itself, multiple harrowing cases of sexual violence against women and children have come to the forefront, shocking the conscious of this nation. Despite efforts to promote gender equality and strengthen legal protections, the safety of women and children remains precarious. Disturbing incidents of sexual assault, domestic violence, and child abuse continue to surface, underscoring the systemic challenges that persist. Though official figures (NCRB) do acknowledge that violent sexual assault cases number a staggering 87 per day countrywide, to see detailed reports of these emerge, with so many of them on minors is shocking.

While some cases that elicited huge social media outrage recently have sparked widespread protests while and such incidents where the victims were marginalised groups have skipped the eyes of the media, the deep-rooted issues of gender-based violence and inadequate enforcement of laws have made meaningful change elusive. The recent incident in Badlapur, Thane, Maharashtra, where two young girls were allegedly sexually assaulted in a school, is a tragic reminder of the vulnerabilities that both children and women face in India today.

Two four-year-old girls attending pre-primary classes at a well-known co-ed school in Badlapur were allegedly sexually assaulted by a 23-year-old male cleaner named Akshay Shinde on August 12 and August 13, 2024. The incidents reportedly took place in the girls’ restroom, which lacked supervision by any female staff. Shinde had been hired on a contractual basis starting August 1, 2024.

The situation came to light when one of the girls complained of pain and revealed her ordeal to her parents. The concerned parents then discovered that a second girl had also been subjected to the same alleged abuse. According to a report by India Today, which cited the FIR, the sexual assaults occurred between 9 a.m. and 12 p.m. on August 13. One of the young victims reported pain in her private areas, and when questioned by her parents, she disclosed that the accused had inappropriately touched her while she was in the school restroom. The complaint further mentioned that the girl appeared scared and informed her parents that an older male at the school, whom she referred to as “dada” (Marathi for elder brother), had undressed her and touched her inappropriately.

Alarmed by this, the girl’s parents contacted the family of her friend, who revealed that their daughter was also frightened of going to school. Both girls were subsequently taken to a local doctor, who confirmed that they had been sexually assaulted. Following this, the parents decided to file a sexual assault complaint. The complaint was lodged on the night of August 16, leading to the arrest of the accused.

On the morning of August 20, the victims’ parents organised a silent protest outside the school. The protest saw participants holding banners demanding the death penalty for the accused. The entire town of Badlapur, Maharashtra, effectively came to a standstill as thousands of demonstrators gathered in support, also to express their outrage. Protesters blocked railway tracks at the local station and stormed the school building where the alleged abuse had taken place. (Details of the protest can be read here.)

According to PTI reports, accused Akshay Shinde, a sweeper employed by the school through a cleaning company on a contract basis beginning August 1, has had his police custody extended until August 26. In a recent development, the suspect was brought before a magistrate in Kalyan this morning under tight police security, as reported by PTI.

A recent report in the Print also suggests that the sexual assault might have taken place earlier that the indicated August 12/13, and that there may be other girls from the school who also have been sexually assaulted.

Delay on filing FIR, taking action by Maharashtra police:

The family reported the incident to the police on August 16, but they allege that the First Information Report (FIR) was not filed by the Maharashtra police until 12 hours later, around 9 p.m. that day, according to a report by India Today. The FIR details that the accused, Akshay Shinde, had sexually abused the child. Shinde was arrested by the police on August 17. According to the report of ThePrint after accessing the FIR, the accused was booked under Sections 65(2) (punishment for raping a woman under 12 years of age), 74 (assault or criminal force against a woman with the intent to outrage her modesty), 75 (sexual harassment) and 76 (assault or criminal force with the intent to disrobe) of the Bharatiya Nyaya Sanhita and Sections 4(2), 8 and 10 of the Protection of Children from Sexual Offences (POCSO) Act.

The delay in filing the FIR has sparked public anger, as timely circumstantial and medical evidence is critical in such cases. This lack of timely police action has drawn sharp criticism from the opposition, with the Maha Vikas Aghadi (MVA) coalition—comprising the Congress, NCP (Sharad Pawar faction), and Shiv Sena (Uddhav Balasaheb Thackeray faction)—lambasting the Mahayuti-led ruling government for the police’s insensitivity. The opposition alleges that the girls’ parents were forced to wait for 12 hours at the Badlapur police station before their complaints were taken seriously.

The National Human Rights Commission (NHRC) has demanded a report from Maharashtra regarding the “12-hour delay” in registering the FIR after the parents lodged a complaint. The Maharashtra State Commission for Protection of Child Rights (SCPCR) also criticized the school, accusing it of attempting to cover up the crime instead of assisting the parents in filing a police complaint, as reported by PTI.

Susieben Shah, Chairperson of the Maharashtra State Commission for Protection of Child Rights, stated that the school where the two young girls were allegedly sexually abused chose to conceal the crime rather than help the parents file a police complaint. She mentioned that the child protection unit eventually escorted the parents to the police station to lodge the complaint. When Shah inquired about the case with the school management, they attempted to downplay the incident. She questioned why the Protection of Children from Sexual Offences (POCSO) Act should not be applied to the school management. As per the report of thePrint, The parents further highlighted that when the family approached the school for CCTV footage, the family said the authorities denied them access and said the CCTV system had been turned off for the past 15 days.

As per a report in India Today, Shah further noted that if the school had promptly alerted the police, the subsequent chaos in Badlapur could have been avoided, emphasizing that the issue stemmed from the parents being made to wait for 11 hours. Additionally, the medical examination of one of the girls was delayed by approximately 10 hours, with the mother, who was two months pregnant, being forced to wait during this time. Shah also recommended establishing a structured procedure for educational institutions to prevent similar situations in the future.

Priyank Kanungo, Chairperson of the National Commission for Protection of Child Rights (NCPCR), condemned the school for its insensitivity and efforts to cover up the incident, as well as the police for delaying the FIR. He mentioned that the Deputy Chief Minister of Maharashtra has taken strict actions against the officers involved, and the NCPCR plans to take severe measures against the school administration for attempting to suppress the case. A team from the NCPCR will be sent to investigate the matter further.

Post-FIR action by the Maharashtra government:

The Maharashtra government has suspended three police officials, including a senior inspector, for alleged dereliction of duty in handling the Badlapur sexual assault case and has transferred the investigation to a Special Investigation Team (SIT). The SIT will function under under IPS officer Arti Singh. Deputy Chief Minister and Home Minister Devendra Fadnavis confirmed these suspensions on social media platform X, highlighting the immediate suspension of the senior inspector, assistant sub-inspector, and head constable involved. However, these actions have done little to ease public outrage.

As per multiple media reports, in response to the mounting pressure by the people of Maharashtra, the Chief Minister’s Office (CMO) also issued a stern warning, stating that legal action would be taken if the school management is found negligent. It is essential to highlight that the school management has suspended the principal, a class teacher, and a female attendant.

CM Shinde also reportedly instructed the Thane Police Commissioner to prioritize the case and called for a review to ensure the establishment of Sakhi Savitri committees in all schools, which are intended to protect students.

Additionally, Shinde proposed several measures to improve school safety and prevent future incidents, including the installation of complaint boxes in every school and stricter oversight of staff who interact regularly with students. The government has established a Special Investigation Team (SIT) to thoroughly investigate the case and ensure justice is served.

Maharashtra Deputy Chief Minister Devendra Fadnavis announced that senior lawyer Ujjwal Nikam would serve as the special public prosecutor for the case and assured that the trial would be expedited in a Fast Track court. Chief Minister Eknath Shinde has also ordered a high-level investigation and reiterated that an SIT would be formed. It is essential to note that Ujjwal Nikam, who was previously fielded by the BJP against Congress’s Gaikwad Varsha Eknath in a recent Lok Sabha election, lost despite being chosen over two-time MP Poonam Mahajan for the Mumbai North Central seat.

Questions raised by the opposition parties against lawlessness in Maharashtra

The ruling government of Maharashtra has also come under severe criticism for responding to the outpouring of people’s anger with filing of reverse FIRs against the demonstrators, registering complaints against 300 individuals and arresting more than 40 with charges of rioting, stone-pelting, disrupting train services, and clashing with police. After receiving criticism for filing FIRs against the protestors itself, CM Shinde deemed the Badlapur protest to be politically motivated, with most protestors being outsiders and not locals.

On August 21, Senior Shiv Sena (UBT) leader Sanjay Raut announced that the opposition Maha Vikas Aghadi (MVA) will call for a Maharashtra Bandh on August 24 in response to the Badlapur school sexual assault case. Raut stated that while MVA allies had convened to discuss seat-sharing for the upcoming state assembly elections, they chose to postpone that discussion in light of the current situation.

“The people of Maharashtra are outraged, and FIRs have been filed against those who protested. We have decided that on August 24, MVA will call for a Maharashtra Bandh over the Badlapur incident,” Raut said.

UBT Sena Rajya Sabha MP Priyanka Chaturvedi –extremely vocal on the recent Kolkata rape and murder of a young woman doctor, also expressed her outrage over the incident. She joined other opposition leaders in criticizing the delay in filing the FIR, contrasting it with the police’s swift action against protesters.

Shiv Sena (UBT) chief Uddhav Thackeray called for a fast-track trial, alleging that the school involved in the case had ties to BJP leaders. He criticised the government for failing to protect women despite promoting initiatives like the Mukhyamantri Ladki Bahin scheme, which provides a monthly amount to women of Maharashtra to encourage their empowerment. Thackeray further condemned the politicization of crimes against women, particularly in targeting certain states.

NCP (Sharad Pawar faction) Lok Sabha MP Supriya Sule questioned the delay in registering the FIR and demanded an inquiry into the police’s inaction. Sule had incidentally not spoken on the recent horrific gang rape of a woman doctor at a hospital in Kolkata.

In addition to question the conduct of the Maharashtra police, many opposition leaders also pointed finger at the ruling state government’s decision to appoint Nikam as the public prosecutor in the Badlapur case. Allegation of the school where the incident took place being run by people associated with the BJP were also raised.

Congress leader Aslam Shaikh criticised the state government, highlighting the increase in crime, particularly against women, in Thane—Chief Minister Eknath Shinde’s own district. Shaikh questioned how the public could trust Advocate Ujjwal Nikam, the special public prosecutor appointed to the case, given his recent affiliation with the BJP. He demanded accountability from the Chief Minister, stating that the rise in crime rates and the failure to protect women reflected poorly on the government’s leadership.

Opposition Leader Vijay Wadettiwar opposed Ujjwal Nikam’s appointment as the public prosecutor in the Badlapur case, arguing that the school’s connection to the BJP and Nikam’s association with the party could compromise the pursuit of justice. Wadettiwar demanded that the trial be expedited and concluded within three months, with the accused facing the death penalty.

Related:

Maharashtra: Swift action on protesters, delayed justice for sexual assault against minors, police priorities need to be questioned

India’s cry for justice: The brutal Kolkata rape-murder of a young doctor has ignited nationwide protests on the eve of the 78th Independence’s Day

The illusion of the glamourous Malayalam cinema falls apart: Justice Hema Committee report provides insight into systematic harassment and exploitation of women actors

Caste and Indifference: Two separate incidents of rape against minor Dalit girls in UP and Bihar receive no media coverage, protest or outrage

 

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