Bombay High Court Calls for Boys' Sensitization for Girls' Safety

In a suo motu PIL regarding the Badlapur sexual assault case involving two kindergarten students, the Bombay High Court on Tuesday (September 3, 2024) directed the State of Maharashtra to educate boys to foster a safer environment for girls. The court mandated that the State committee formed for the case propose and enforce measures to address child sexual assault and related crimes.

A Division Bench led by Justices Revati Mohite Dere and Prithviraj K. Chavan emphasized the need for the State to initiate education for boys from an early age about right and wrong, and about respecting women and girls. The Bench also modified the Central government’s slogan from ‘Beti Padhao, Beti Bachao’ to ‘Beta Padhao aur Beti Bachao’ (Educate sons and protect daughters). Additionally, the court instructed the police to conduct a thorough investigation without succumbing to public pressure. “Ensure a thorough investigation. Avoid hasty decisions and ensure a robust case before filing the chargesheet,” the Bench advised.

The court also stressed the need for sensitizing doctors, noting that private doctors must be aware of their obligation to examine rape victims under the Protection of Children from Sexual Offences (POCSO) Act and cannot direct victims to the police.

Retired Justices Sadhana Jadhav and Shalini Phansalkar Joshi of the Bombay High Court have been appointed to lead a committee tasked with providing comprehensive recommendations for the effective implementation of the POCSO Act in educational institutions. Former Indian Police Service officer Meeran Borwankar and a former school principal will also join the committee, with a recommendation to include an additional retired principal with experience in rural schools.

The court also requested that members of the Child Welfare Committee (CWC) be included. Originally formed to enhance safety for girls in schools, the committee's mandate now includes addressing the trauma faced by child victims of sexual assault.

“The committee will address the safety and security of all children in schools, keeping the approach gender-neutral. Boys are not exempt from potential harm,” the court remarked. The committee is expected to submit its report within eight weeks.

In response to the judges’ concerns about the implementation of the committee’s recommendations, Advocate General Birendra Saraf assured the Bench that the State would enforce all suggested measures.

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