Vulnerability of School – going kids
Praveen Dixit
DGP (Retired) Maharashtra State
Recent incidents of sexual assault at a school on young school going kids of 3-4 years in Badlapur near Mumbai and rape and murder of resident doctor at R.G.Kar public hospital at Kolkata shocked the public conscience through out the country. In both the incidents, the culprits had free access to isolated places within the public institutes and were successful in executing their obnoxious activities without being noticed. At the school in Badlapur, the kids of 3-4 years could not even understand what atrocity was being committed on them for a prolonged period of fifteen days. In R.G. Kar hospital, the culprit murdered the victim after rape and thus the victim would never be able to inform about the sad happenings. While the investigation in Badlapur incident is being conducted by Special Investigation Team (SIT) appointed by Maharashtra government, the R.G.Kar incident is investigated by CBI . At both incidents, the culprits had selected places where there was no arrangement for CCTV footage which would have helped in getting detected. Both places were completely isolated even though in public institutes and thus there are no witnesses. In the incident at Badlapur school, when the young kid complained about her pain in private parts, the parents didn’t refer her to private doctors for examination, even though that would have revealed the damage helping for further legal action. When the matter was brought to the notice of head mistress, she didn’t reveal it to school authorities for three- four days. Authorities also failed in informing the matter to police immediately as required under POCSO Act. When the matter was referred to police, they sent the kids to public hospital for examination, recorded the statements of parents and registered the offence after twelve hours. Investigation revealed, the suspect was employed as casual contract sweeper two weeks ago and was moving freely even in ladies’ toilets without any identity card. The contractor didn’t verify his antecedents before using him as contractual labour.
The Bombay High Court directed the police to register an offence against the school authorities for their failure to inform about the incident immediately. The Court also underlined the need to sensitise the police about offences against children. In offences against women and children, police may be first respondents, investigators or officers to register F.I.R. It is primary duty of the police to create awareness of the legal rights among the victims, play active role in preventing these crimes and detect and investigate these crimes. Many women are unaware of the system to redress these grievances and are reluctant to register a complaint due to shame and ignominy associated with these crimes. While knowledge and skills to investigate are imparted during training, it is imperative that the focus of training should be broadened from ‘knowledge and skills ‘to include attitudinal transformation as an important component. When the complainant approaches the police, police behaviour would determine how the complainant would react and cooperates with them. Attitude reflects in behaviour and it can be changed by training.
To ensure fairness, police need to take following precautions: who receives the complainant first in the police station? How much time is taken to write down the complaint, whether the complaint is recorded as mentioned by her or reduced in gravity, whether the complaint is recorded in the words and language as mentioned, whether audio-visual recording is done of the complainant, whether there was any demand of illegal gratification. In each complaint by a woman or about a child -girl, the DCP should contact the complainant subsequently and verify above details and keep a record of the same. Awareness also needs to be created about the facility of e-FIR under the recently implemented Bharatiya Nyaya Sanhita (BNS)2023. This facilitates lodging the complaint without visiting to police station.
Educational authorities also need to pay attention to requirements of security during their visits to schools. They need to emphasise on immediate reporting of every incident against the child to police even though it may appear to be embarrassing them. Similarly, it is necessary to review the policy of using contractual labour for house-keeping. Though it may save the institute from paying retirement benefits to the employee, but the cost of such contractual workers’ behaviour is more damaging to the institute.
As far as assaults against health workers in public hospitals are concerned, I was given the task to review the security requirements of medical colleges and hospitals in Maharashtra. Accordingly, trained personnel from Maharashtra Security Force (MSF) were deployed for surveillance, monitoring as well as quick response. They were also equipped with necessary equipment, CCTV facilities and weapons to prevent any unfortunate incidents. This arrangement is working effectively for last seven years. This system in force in Maharashtra needs to be emulated in other states in India as well.
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