Recent incidents of sexual assault on children at a school in Badlapur near Mumbai and the rape and murder of a resident doctor at R.G. Kar public hospital in Kolkata have shocked the country. In both cases, the perpetrators had unhindered access to the public institutes and executed their heinous activities undetected.
In Badlapur, the young children only disclosed the assault after fifteen days. In R.G. Kar Hospital, the culprit murdered the victim after the assault, preventing her from reporting the crime.
The investigation of the Badlapur incident is being conducted by the Special Investigation Team (SIT), while the R.G.Kar case is being investigated by the CBI. In both incidents, the culprits chose isolated areas without CCTV coverage, avoiding detection and lacking witnesses despite being in public institutions.
In the school incident, the child’s genital pain complaint went unexamined by private doctors, missing potential evidence for legal action. The headmistress hid the information from the school authorities for three days. The school authorities also failed to report it to the police immediately, as required under the POCSO Act. The complaint was only registered after a delay of twelve hours following police involvement and a subsequent medical examination.
The suspect, a casual contract sweeper, was hired without verification two weeks prior and was allowed unrestricted access without an identity card.
The Bombay High Court ordered the police to charge the school authorities for failing to report the incident and stressed the need for better police sensitivity to child offenses. In offences against women and children, police may serve as the first responders, investigators, or officers responsible for registering F.I.R. It is their primary duty to inform victims about their legal rights. This approach is crucial for preventing, detecting, and investigating such crimes.
Many women are unaware of grievance procedures and reluctant to file a complaint due to the shame and stigma associated with such crimes. Although training provides knowledge and skills for investigation, it must also expand its focus to include attitudinal transformation as a key component. When a complainant approaches the police, officers’ behavior affects their cooperation. Training should focus on changing these attitudes.
To ensure fairness, police must follow these precautions:
• Who first receives the complaint at the police station?
• How long does it take to record the complaint?
• Is the complaint documented as stated by the complainant, or is it downplayed?
• Is the complaint recorded in the complainant’s own words and language?
• Is an audio-visual recording made of the complainant?
• Was there any demand for illegal gratification?
For every complaint involving a woman or a girl child, the DCP should verify these details and maintain a record. Additionally, awareness should be raised about the e-FIR facility under Bharatiya Nyaya Sanhita (BNS) 2023, which enables filing complaints online.
Educational authorities must assess the security requirements during their visits to schools. They need to emphasise immediate reporting of every incident against a child to the police, even if it may be embarrassing to the institution. Similarly, the policy of using contractual labour for housekeeping services must be reviewed. While it may save costs for the institute, the effect of such contractual workers’ behaviour is more damaging to the institute.
My experience reviewing the security requirements of medical colleges and hospitals in Maharashtra provides valuable insights. My recommendations included having personnel from the Maharashtra Security Force (MSF) deployed for surveillance, monitoring, and rapid response. They were equipped with CCTV facilities and weapons. This system has been effective for the past seven years and should be considered for implementation in other states across India.
(The writer is a former DGP, Maharashtra. Views personal.)
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