Tell boys what's right and wrong instead of telling girls what to do: Bombay High Court in Badlapur case

The Bombay High Court on Tuesday derided victim blaming and shaming in sexual harassment cases and called for educating and sensitising men instead of asking girls to stay safe [High Court on Its own motion v. State of Maharashtra]..The Court said that boys also need to be taught what is right and wrong when it comes to interacting with the other gender. A Bench of Justices Revati Mohite Dere and Prithviraj K Chavan made the observation while hearing a suo motu case on the recent sexual abuse of two 4-year-old girls at a school in Thane's Badlapur."We speak about victims. Why don't we tell the boys what's right and what's wrong? You need to tell the boys what they shouldn't do. Teach them to respect the other gender, respect women.. We had moral science classes. Education department needs to step in," the Court observed. .It was referring to the committee set up by the government to explore ways to ensure safety and security of girl children in schools.The Court today suggested that a retired judge, police officers, retired principals and people from the Child Welfare Committee should also be part of the panel."We want all parties to come together so that they can suggest measures.".It asked the committee to file a comprehensive report on the incident."We will need to make a checklist, that every school has to follow this...This is the case where things have come to light, there are cases where there is no reporting, no examination," the Court said. Justice Mohite Dere went on to say,"It all looks good on paper...Do victims know their rights? The public awareness should also be created by the State. All these GRs, committees won't help...Has it helped so far? Unless you inculcate and imbibe all these things in kids.".Last week, the Court had rebuked the police for lapses in probing the case and the failure to take actions against the school authorities that had failed to report the incident on time.During today's hearing, the Court reiterated that the mandate of the law had not been followed. State Advocate General (AG) Birendra Saraf agreed that the matter should have been handled sensitively.The Court asked whether the accused, who was working at the school, had previously worked anywhere else also."He was working as a watchman in a colony. His brother is also in the school. He [accused] is married for a third time, wife's statements are recorded. Parents are also working," the AG said.The Court observed that the school was required to do a background check before employing people. When the AG said the same was not done, the Bench flagged concerns regarding lapses by the school authorities in reporting the crime. "Illegal omission also amounts to abetment (under POCSO Act). Why was one of the accused, a teacher not arrested? Are you making her an approver?"The AG assured the Court that the Special Investigation Team (SIT) probing the case would examine this and that everyone responsible would be booked..The Court also emphasised that the documents from the Forensic Science Laboratory (FSL) in cases under the Protection of Children from Sexual Offences Act (POCSO Act) must be obtained on priority. "In POCSO cases, FSL documents must be obtained as soon as possible. There should be separate Department for rape related cases."The AG too welcomed the proposal. .It also warned media houses against breaching the privacy of the victims' families."In case communications are published without permission, we will not hesitate to issue contempt against the media houses and we will take it to the logical end. They are already traumatised by this. Don't traumatise them again," the Court said.This was after the complainant's counsel advocate Sanket Garud, informed the court about a media house publishing phone conversation with the victim's family without their consent.It also warned against revealing the identity of the victims. "Media should also be sensitised. It [law against disclosure] contemplates punishment. Let them be beware of what they are doing."The Court will continue hearing the matter on September 3.