High Court Raps Investigation In Thane Rape Case, Implementation Of POCSO

The Bombay High Court had expressed serious concern about the flaws in the implementation of the POCSO (Protection of Children from Sexual Offences) Act. While hearing a petition regarding the sexual assault on two nursery-level children at a school near Mumbai that sparked massive protests last month, the court said a committee should be formed to suggest standard operating procedures for police, hospitals and schools when it comes to investigating sexual assaults on minors. The court also said the progress in the investigation was "unsatisfactory".

"Efforts must be made to ensure that inform private doctors become aware that they cannot refuse to examine a rape victim under the POCSO Act. They cannot say, 'go to police'," the court said.

The judges also emphasised on the education of boys -- which, the judges said, should be called "Beta Padhao and Beti Bachao".

The authorities were rapped for the job they did on the progress report in the case, which was also submitted to the court today by Advocate General Birendra Saraf. The court pointed out several flaws in the report, including an incomplete sentence.

The court also asked that the investigators build a "watertight" case and not file a chargesheet hurriedly under public pressure.

The bench, on its own, had taken up the case where two girls, aged around four, were sexually assaulted inside the school's washroom by a male attendant. The accused has been arrested.

The court also gave three suggestions on who can be included in the committee to enforce POCSO rules. The list included retired IPS officer Meera Borwankar, former Bombay High Court judge Sadhana Jadhav and Shalini Phasalkar Joshi.

The court also said women attendants should be employed in boys' school to look after minor boys.

"There should be a woman to take care of minor boys in boys' schools too. It is not that because he is a boy, he should be sent with a male employee for toilet etc. Female employees will take better care of them," the judges said.

The court noted that three things have been done since last hearing -- test identification parade, forensics and CDRs.