Are our institutions safe and accountable?

Appalling incident of a school going mentally challenged girl sexually exploited by the care takers of the hostel could only come to light when her mother noticed that she was in advanced stage of pregnancy. This incident reflects on the sanctity of the moral values of our socitey. . It has brought shame to we Nagpurians. After the ‘Nirbhaya’ incident and because of public out-cry and as recommended by Justice Verma committee drastic amendments were carried out in the relevant laws. It was myth to believe that making stringent provisions in law would bring down recurrence of such incidents. Truly speaking, unless proper remedial measures are taken there would be no check to happening of such shameful incidents.

Times of India could identify following glaring lapses:

• 47 gents and 15 women inmates separated by two floors
• Only one woman caretaker who too worked in shifts with three other male staff
• No senior officials supervising the staff
• No CCTV cam or other security arrangements
• Sincerity of the woman caretaker under cloud as she was unable to sense foul play
• Police could not find any visitor’s register at the place so far.

This is not the end of the matter. There must be rules in place laying down detail norms of conducting girls’ hostel. Question that arises is why in blatant disregard of basic do’s and don’ts and the check list, girls’ hostels are run. When guardian entrust custody of a child with a warden of the Hostel, particularly when it is run by the so called progressive State like Maharashtra, it is done by reposing confidence in the authorities. It can never be imagined that minor and that too mentally challenged would be repeatedly raped by the care takers of the Hostel.

My appeal to the friends of legal fraternity is to immediately file PIL raising following issues of public importance:

Is it not possible to employ only female and full time staff to perform various duties? Since this is possible, in all the girls’ hostels in the State, immediate steps should be taken to remove male staff, if any, working there. Principally Govt should decide to remove male staff from other institutions like remand home for girls, women cell in the jail, and should apply such norms to private institutions in which females are housed. Next, all the supervisory staff should be sensitized periodically. There should be regular visit of a qualified counselor, particularly, female. In the event any incident of even lesser gravity occurs entire hierarchy of the officers up to the rank of Secretary of the department should be held accountable and they should be adequately punished. Similar precautionary measures should be taken even in respect of the institutions which house male. In the past there were many incidents of minor boys being sexually exploited. One more issue of very larger importance that arises is,what would be the fate of a child.Who is her father and who will maintain her.Certainly,this responsibility can not be of mentally challenged and presently minor with no source. Therefore, there are two victims who need to be compensated heavily. Of course, for the damage of such nature no amount of monetary compensation can be adequate. In case of such nature the Government has no defense but to accept its vicarious responsibility and compensate the victims heavily for the damage done.

Broadly speaking entire society as a whole is accountable.

We need to understand that unless things are taken seriously by the conscientious citizens, no miracle is going to happen. We have been experiencing this from last many decades despite benevolent provisions in our Constitution and number of declarations made at the International level to prevent child abuse in any form.