Bombay High Court: The Court took suo motu cognizance based on various newspaper reports about the incident where nine minor girls escaped from a Vidyadeep Children’s home, in Chhatrapati Sambhajinagar (‘Home’). The Division Bench of Vibha Kankanwadi* and Sanjay A. Deshmukh, JJ., took note of the ill-treatment and harassment of the minor girls and after reviewing their statements recorded by the police, observed that despite repeated complaints by the children, the authorities failed to act.
Background:
The Court came across a newspaper report in daily newspaper “Divya Marathi” dated 1-7-2025 wherein it was stated that nine minor girls fled a Children’s Home in Cantonment area of Chhatrapati Sambhajinagar. Seven of them were found, and a search was undertaken in respect of two girls. The girls ran to the District Court and tried to make a complaint with the District Legal Services Authority where they were taken into custody by Damini Squad. When their statements were recorded, they complained about the inconvenience and cruelty they were subjected to in the said Home. They were produced before the Child Welfare Committee (‘CWC’) but there was no response by the President of the CWC.
On 2-7-2025, in the newspaper “Lokmat”, it was reported that there were CCTV cameras installed in the common room of the girls despite their objections. On the same day, “Divya Marathi” stated that the President of CWC, Women and Child Development Officer as well as the Commissioner visited Vidyadeep, to take the girls’ statements and they found that those girls were residing in three rooms, out of which CCTV was installed in the girls’ room from the Protection of Children from Sexual Offences Act, 2012 and that they had damaged them while making the escape.
The newspaper “Lokmat” on 3-7-2025 reported that the Government had announced an inquiry committee to be set up and it was directed to give a report within seven days. “Divya Marathi” also highlighted that the girls were forced to take pregnancy test whenever they complained of stomachache. It was also alleged that visitors were only allowed for fifteen minutes while the staff constantly supervised them. On 4-7-2025, the Commissioner of Police, Chhatrapati Sambhajinagar, decided to record the girls’ statements through three lady police officers. Even on 8-7-2025, “Divya Marathi” reported that the girls were anguished as they had made complaints against the administration of the Home, but it was neglected at various stages by various authorities.
Analysis and Decision:
The Court went through the statements recorded by the three lady police officers and was shocked to know about the treatment that was meted out and the complaints that were made in respect of the CWC which was established with a broad object and was supposed to act in the interest of the child in need of care and protection. The Court noted that despite the statements being recorded, no FIR was lodged and acknowledging the possibility of destruction of evidence, took suo motu cognizance of the matter.
The Court, after examining all the newspaper cuttings, observed that the authorities were moving at snail speed with an intention to subside the burning issue. When the issue was of minors being subjected to harassment or cruelty, the police authorities should have acted swiftly and registered the FIR.
The Court also asked that when the inspections were conducted in the Home, whether the inspecting authority interviewed the parents of the girls, because naturally the girls would have informed their parents about the alleged ill-treatment. The Court further clarified that the issue was not just restricted to this Home but could be extended to other children’s homes if the data was made available.
It was also submitted that the license of Vidyadeep Children’s Home had come to an end on 5-5-2025 and the renewal was pending before the State Government. The Court opined that it was not feasible and lawful to continue placing the children in need of care and protection in the Home when the renewal was not received. There were 80 girls residing in the Home without any authorization, and the Court observed that it was the job of the CWC to see that a safe environment was made available to them.
The Court directed the Police Department as well as Child Welfare Department to supply the data to the Amicus Curiae who would prepare a consolidated petition and file it on or before 14-7-2025. The Court listed the matter for 14-7-2025.
[High Court of Bombay v. State of Maharashtra, 2025 SCC OnLine Bom 2601, decided on 8-7-2025]
*Judgement authored by: Justice Vibha Kankanwadi
Advocates who appeared in this case:
For the Petitioner: P.R. Katneshwarkar, Senior Counsel (Amicus Curiae).
For the Respondents: A.B. Girase, Public Prosecutor.
