The Bombay High Court on Thursday made strong remarks over the alleged sexual assault of two 4-year-old girls inside their school toilet in Maharashtra’s Badlapur, wondering the importance of right to education if the schools are not safe.

A division bench, comprising Justice Revati Mohite-Dere and Justice Prithviraj K Chavan, raised serious concerns over the safety of children, especially girls, inside schools.

“If the school is not a safe place, what is the use of speaking about right to education? Even 4-year-old girls are not being spared. What is this situation? It is extremely shocking,” Justice Mohite-Dere remarked.

The bench also expressed strong disapproval of the manner in which the Badlapur Police handled the investigation into the gruesome incident.

“Why were statements of parents of the victims not recorded earlier? The duty of a police officer is to record the statements as per procedures. We want the victims to get justice,” the bench remarked.

The court also expressed its dismay over the delay in the recording of the statement of the second victim, stating that it was done only after a suo motu PIL was registered.

“We are appalled by the fact that the Badlapur police did not record the statement of the second victim girl under Section 164. Only after the suo motu PIL was registered on Wednesday, the statement of the father of one of the victims was recorded belatedly post-midnight,” the bench observed.

The bench also criticized the Badlapur school authorities for failing to report the incident to the police despite being aware of the abuse.

The court asked the state government to file an affidavit, detailing the steps taken by the Badlapur Police before the case was transferred to the Special Investigation Team (SIT).

It said counseling for the victims and their families be conducted as mandated by law, stressing that no stone should be left unturned in the pursuit of justice.

“Since this is a suo motu PIL, the security and safety of the girls cannot be compromised. Unfortunately, unless there is a strong public outburst, the machinery does not work,” the bench remarked.

The court added that it would closely monitor the investigation and posted the matter for further hearing on August 27.