Two four-year-old girls were sexually assaulted at their kindergarten school on August 16 in Maharashtra's Badlapur, sending tremors through the nation. The accused, 23-year-old Akshay Shinde who worked as a cleaner at the school, has since been arrested after an FIR had been filed against him. However, the school administration's delay in handling the case has caused outrage. Residents of the town held massive protests at the railway station and blocked train tracks, bringing Mumbai rail route services to a standstill on August 20.
Here are major legal developments in the case yet.
Panic Buttons and CCTVs for Schools After Badlapur Incident
Education Minister Deepak Kesarkar received the report on the Badlapur school sexual abuse case on Monday, August 26, from the Women and Child Welfare Department and the Education Ministry. The report, which highlights negligence among officials, will be forwarded to the Home Ministry.
Kesarkar emphasised the need for improved safety measures in schools and hostels. "A committee formed under Mumbai regions deputy director and advisor Maharashtra Child Right Protection Susuben Shah inquired all concerned officials. People who have been found negligent are named co-accused. The report will be now submitted to Home Ministery.," Kesarkar explained.
To enhance women's safety, Kesarkar proposed the installation of panic buttons and CCTV cameras in schools and hostels. "While panic buttons do not need to be placed in classrooms, they should be installed in areas where safety risks are higher, such as toilets and hostels, based on recent incidents," he said.
#WATCH | On the Badlapur incident, Maharashtra Minister Deepak Kesarkar says, "...Just like CCTVs in schools, panic buttons can also be installed...A panic button can also be installed in the hostels...It is an advanced technology..." pic.twitter.com/EUV1KecTwX
— ANI (@ANI) August 26, 2024
Bombay High Court Takes Suo Moto Cognisance
The Bombay High Court spontaneously took up the case on August 22 amid rising tensions in Maharashtra. The Bench comprising Justice Revati Mohite-Dere and Justice Prithviraj K Chavan grilled the Maharashtra Police for the gaps in handling the case. The HC questioned why the second survivor's statements were not yet recorded.
Moreover, the division bench also ordered the police to provide details about the steps taken to safeguard of the two girls. The justices said, “We are appalled by the fact that the Badlapur Police did not record the statement of the second victim girl under Section 164." This section of the Code of Criminal Procedure (CrPC) deals with the statements/confessions recorded by the Magistrate for evidence.
“You (police) recorded statements so belatedly, the incident is of August 13 and the FIR is of 16th, statement recorded now? Why statements of parents were not recorded earlier? Duty of the police officer is to record the statement as per procedures. We are interested in ensuring victims get justice," the court emphasised.
"If the school is not a safe place, then what is the use of speaking about the right to education and such things? Even 4-year-old girls are not being spared. What is this situation? It is extremely shocking," the court remarked. "This is such a serious offence. Two girls were sexually assaulted, how can the police not take the issue seriously? We would want to know what steps you are taking to ensure the security of school girls. Security and safety of girls cannot be compromised at all."
Special Investigation Team Formed
The Maharashtra government has ordered the formation of a Special Investigation Team (SIT) to thoroughly investigate the children's sexual abuse case. Deputy Chief Minister Devendra Fadnavis ordered the SIT to be headed by a reputed officer, Inspector General of Police-level senior IPS officer Arti Singh.
Senior Lawyer Ujjwal Nikam Appointed As Special Public Prosecutor
The State government has reportedly appointed veteran lawyer Ujjwal Nikam as the special public prosecutor in the case, according to Deputy CM Fadnavis. Nikam has handled several high-profile as a special public prosecutor such as the 1993 Mumbai serial blasts and the 26/11 terror attack.
बदलापूरच्या दुर्दैवी घटनेचा गतीने तपास करुन खटला जलदगती न्यायालयात चालविण्यात येईल आणि यात विशेष सरकारी वकील म्हणून ज्येष्ठ विधीज्ञ उज्वल निकम यांची नियुक्ती करण्याचा निर्णय घेण्यात आला असल्याची माहिती उपमुख्यमंत्री देवेंद्र फडणवीस यांनी दिली आहे. @Dev_Fadnavis
— @OfficeOfDevendra (@Devendra_Office) August 20, 2024
Fadnavis wrote on X (Twitter) that the case would be speedily investigated and processed in the fast-track court. According to reports, lawyers across the Kalyan Bar Association announced their decision not to defend the case of accused Akshay Shinde.
Three Police Officers Suspended
As protests for accountability emerged, three police officers, including a senior police inspector, have been suspended by the Maharashtra government for alleged negligence of duty in investigating the case. Some reports state that the survivors' parents were forced to wait for 11 hours at the Badlapur police station before their complaints were formally registered.
FIRs Against Agitators
Amid the protests on August 20, at least 17 city police personnel and around eight railway police officials were injured in the incidents of stone-pelting at the railway station and other parts of Badlapur. Investigators have reportedly arrested 72 agitators for the violence so far. Reports state that additional police force has been deployed to curb the tensions.
Internet Services Halted, Calls For Maharashtra Bandh
As the outrage and violence expanded across town, internet services in Badlapur were suspended on August 21. DCP Sudhakar Pathare said The internet services will be restored after taking a review of the situation in the town." Schools in the city remained shut, according to locals.
#WATCH | Shiv Sena (UBT) leader Sanjay Raut says, "...We had come here to discuss seat sharing but then we thought that we would not discuss seat sharing and instead discuss the law and order in the state after the Badlapur incident. The people of Maharashtra are agitated and… pic.twitter.com/4LoFpEZoly
— ANI (@ANI) August 21, 2024
The political coalition, Maha Vikas Aghadi (MVA), has called for a Maharashtra Bandh on August 24 to reportedly protest the rising crime against women and girls. In a meeting, the leaders from three parties discussed the Badlapur incident and overall women and girls safety issues in the state.