Muzaffarpur rapes: SC shocked by Nitish govt ineptitude; says will pass order against state

The Supreme Court on Tuesday, November 27, pulled up the Bihar government for failing to register the appropriate criminal cases in connection with the alleged physical and sexual abuse of inmates in 17 shelter homes in the state as highlighted by the Tata Institute of Social Sciences.

Mumbai-based TISS had indicted the shelter homes in the state after it found several violations. However, criminal cases were registered only in connection with ten under lesser offences.

The institute found evidence of many instances wherein the FIR didn’t include the appropriate criminal charges in cases of sexual violence at a boys shelter home. It doesn’t include sections of the Indian Penal Code (IPC) such as sodomy but the case was registered under the juvenile justice act.

In another case of a boys’ home, the state did not register an FIR under the IPC but rather under the juvenile justice act.

“If we find that there were offences under section 377 IPC and POCSO Act and you did not register FIR, we will pass an order against the government,” the top court said as it gave the state government 24 hours to it add the charges in the FIR.

“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,” said the Supreme Court judges.

A petition was filed in the Supreme Court seeking the lodging of an FIR and court-monitored probe by an independent agency into the alleged physical and sexual abuse of inmates in 17 shelter homes in Bihar as highlighted in a FirstPost report.

The petition was filed by a Patna-based journalist through advocate Fauzia Shakil seeking the "registration of FIR and independent investigations or court-monitored probe into the affairs of these 17 shelter homes in Bihar mentioned in the TISS report". It also sought direction to the authorities to look into the aspect of rehabilitation of the victims of alleged sexual and physical abuse in these 17 shelter homes and to pay compensation to them. The plea has alleged that the Bihar government has not conducted any probe into the allegations of irregularities, sexual and physical abuse in the 17 shelter homes highlighted in the TISS report.