SC raps Bihar Police for ‘soft’ FIRs in shelter home cases

Satya Prakash

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Tribune News Service

New Delhi, November 27

The Supreme Court on Tuesday pulled up the Bihar Police for their failure to file correct FIRs under stringent provisions of law in shelter home abuse cases and gave them 24 hours to add charges under Section 377 (sodomy) of the IPC and the POCSO Act to the FIRs.

“If we find that there were offences under Section 377 of the IPC and the POCSO Act and you did not register the FIR, we will pass order against the state government,” said Bench headed by Justice Madan B Lokur posting the matter for further hearing on Wednesday.

The petitioner informed the court that the staff members of the shelter home were involved in sexual abuse and physical violence and the Bihar Police had been “soft” on the accused. The offences fell under Section 377 of the IPC and the POCSO Act, but the state police registered cases under minor charges, the petitioner’s counsel alleged.

The Tata Institute of Social Sciences (TISS), Mumbai, had found instances of aggravated offences in 17 shelter homes in Bihar. But criminal cases were registered only in connection with 10 under lesser offences.

In one such case, TISS found sexual violence at a shelter home for boys but the FIR didn’t include stringent IPC provisions on sodomy. In another, a child who refused to cook food suffered a three-inch scar on his cheek. In both cases, the state police filed a case only under the Juvenile Justice Act. “Only God can save,” the Bench said and hinted at transferring all abuse cases highlighted in the TISS report to the CBI.

The Muzaffarpur shelter home abuse case which came to light in July was the only one of the 17 shelter homes indicted in a study by TISS. But criminal cases had been registered only against 10 shelter homes. This too was not done under the appropriate criminal provisions, the Bench noted. The SC has been coming down heavily on the Bihar government for its handling of the probe into the Muzaffarpur case where 30 of the 42 girls were allegedly sexually abused. Former minister Manju Verma eventually surrendered earlier this month following warning from the court.

‘What are you doing? It’s shameful’

What are you (Bihar government) doing? It’s shameful. If the child is sodomised, you say it’s nothing? How can you do this? It’s inhuman. We were told that matter will be looked with great seriousness, this is seriousness? Every time I read this file it’s tragic. An SC Bench