17 more child shelter sites in Bihar will be examined: Supreme Court

 28 Nov 2018 ( News Bureau )
POSTER

After the Muzaffarpur Child Shelter, the Supreme Court has expressed deep dissatisfaction over Bihar Police's investigation into sexual harassment of children in 17 other child shelters in Bihar. The Supreme Court of India said that this investigation will also be given to the CBI.

A bench headed by Justice Madan B Lokur told the CBI counsel on Tuesday that he should direct the court to take this direction and tell the court. The court said that the police is not able to work as expected. The court also said that we were thinking that the matter is limited to Muzaffarpur. but it's not like that. In this case many children are in shock and a girl has committed suicide.

The Supreme Court was looking at a report about the status of the shelter sites. In this case, Amicus curiae Shekhar Nafde said that the Bihar government is very soft on the sexual exploitation of children of these shelter homes. In this case the FIR should have been logically filed under section 323, 324 and 375, but reports have been reported only in small crimes.

He said that serious injuries and sexual abuse of children have emerged in this case. There should also be a report under section 377 of the unnatural sex, but the matter has been filed under Section 82 of the JJ Act, 2015. There are 110 shelter home in Bihar, 17 of them are very bad.

During the hearing, a discussion between the bench of Supreme Court and the lawyer of the Bihar Government is as follows:

Bench: What are you doing, it is very embarrassing, unnatural sexual abuse is happening with a child and you are saying that nothing has happened. It's inhuman. You can not use Poxo Act in this case, use Section 377 (unnatural sex) of IPC. In this case, investigation under Section 377 should not be investigated.

Lawyer: The matter is being investigated.

Bench: If someone is murdered and you report a general injury report, do you expect us to accept your suggestion that the person is being examined that the person is not dead? what is this.

Justice Lokur: You can either say that you have made a mistake in lodging reports in the correct Section or you can wait for our order. If we come to the conclusion that Section 377 is violated then you will have to file a report.

Lawyer: Under section 377, charges will be charged.

Court: You told us that you will see matters seriously, is this your seriousness? Is this your seriousness? The report to your government was given in May and you are telling that you have seen the report today. It's tragic. You can not save the government by saying this.

Court from Chief Secretary: Does this have any meaning? A child was exploited and you say that the JJ Board did not do the right thing, the action will be taken. When the charge has not been kept in the FIR, how will you investigate? We saw that the general trend of the police is that it imposes severe sections in the report, but here is the opposite.

Lawyer: The matter will be rectified within 24 hours. It will be postponed until Monday.

Court: Will not the accused take advantage of this? He will say that the case has been delayed. Correct it tomorrow and the Chief Secretary will be in the court tomorrow. They should know what is going on in the state. This case will be heard at two o'clock.

 

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