Unsafe In School: Two 4-Year-Old Girls Abused in Thane; Why Background Checks Are Crucial For School Staff

Badlapur school sexual abuse case: Just days after the Kolkata rape case, another disturbing incident of sexual abuse has surfaced in Badlapur, Maharashtra. This case involves a male school attendant who allegedly abused two kindergarten students, ages three and four. The shocking details have sparked widespread outrage, with thousands of protesters rallying at Badlapur railway station in Thane district. Their demonstrations, which included blocking train tracks, led to significant disruptions in local train services and the rerouting of some long-distance trains. This case underscores a troubling reality: girls are not even safe within educational institutions.

Badlapur School Sexual Abuse Case

Two four-year-old girls in pre-primary classes at a well-known co-ed school in Badlapur were reportedly sexually assaulted by Akshay Shinde, a 23-year-old male cleaner, on August 12-13, 2024. The assaults occurred in the girls’ restroom, which lacked female staff supervision. Shinde had been hired on a contractual basis just 12 days prior, on August 1, 2024. The abuse was uncovered when one of the girls complained of pain and revealed the incident to her parents, who then found out that a second girl had also been assaulted. The parents filed a complaint on the night of August 16, 2024, which led to Shinde’s arrest.

According to India Today, the family of one of the victims became suspicious on August 13, 2024 after being informed by the other girl’s family that they were planning to report the abuse. The complaint noted that the assaulted girl seemed scared and told her parents that an older male at the school, whom she referred to as "dada" (Marathi for elder brother), had undressed her and touched her inappropriately.

Indian Express reports that the private school in Thane where the assaults occurred lacked CCTV cameras, did not conduct background checks on Shinde before hiring him, and was missing a Sakhi Savitri Committee. This information comes from Susieben Shah, chairperson of the Maharashtra State Commission for Protection of Child Rights (MSCPCR), who conducts a preliminary enquiry into the incident.

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Badlapur School Sexual Abuse Case Is A Wake-Up Call For Background Checks Of School Staff

We reached out to Sana Raees Khan, Founder of SRK Legal and Supreme Court Lawyer, who highlighted the critical importance of conducting background checks at educational institutions.

Sana Raees Khan said “Many educational institutions may suffer from administrative inefficiencies or lapses in oversight. This includes failure to implement or adhere to mandatory safety protocols and checks due to poor management or lack of accountability.”

Sana emphasised the significance of background checks for several key reasons:

• Preventing Abuse: Background checks are essential for identifying individuals with a history of misconduct or criminal behaviour, helping to ensure that those who pose a risk to students are not placed in sensitive roles involving children.
• Ensuring Trustworthiness: Comprehensive background checks verify the integrity and reliability of staff members, particularly concerning past issues related to child safety, which is crucial for maintaining a secure educational environment.
• Legal Compliance: Many areas legally require background checks to safeguard children. Failure to comply can result in legal repercussions for educational institutions, making thorough checks a legal necessity as well as a best practise.
• Creating a Safe Environment: Implementing rigorous background checks fosters a culture of safety and trust within educational institutions, reassuring parents and the community that the school prioritises student protection.
• Deterrent Effect: The awareness that extensive background checks are in place can discourage potential offenders from seeking positions in educational settings, thereby reducing the chances of individuals with harmful intentions being employed.

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How To Prevent Sexual Abuse In Educational Institutions

We consulted Niharika Karanjawala-Misra, Principal Associate at Karanjawala & Co., who provided insights on how schools can prevent such negligence.

Niharika said, “Despite the existence of stringent laws and regulations, the enforcement of child safety measures is often overlooked. Schools, particularly those with limited resources, tend to focus more on filling staff positions rather than thoroughly vetting potential employees.”

Niharika suggests that to address this issue, several steps can be taken:

• Awareness Campaigns: State Governments should initiate campaigns to emphasise the importance of thorough vetting for school staff. These campaigns would not only educate school management about the need for such precautions but also encourage parents to demand stringent safety measures from schools.
• Management Training: School management should receive training on the importance of hiring vetted and verified staff, as well as on how to identify signs of fear or stress in children that could indicate abuse or mistreatment.
• Student Welfare Committees: Schools must establish bodies like a Sakhi Savitri Committee to regularly discuss student welfare. The formation and activities of these committees should be documented and reported to district authorities, with penalties imposed on schools that fail to comply.
• Resource Support: State and district authorities should provide resources to underfunded schools to ensure that child safety measures are not compromised due to financial constraints.
• Enforcement and Penalties: Most importantly, any failure to comply with child protection laws and regulations should lead to penalties for the school and personal accountability for the school management, as such neglect should be considered wilful endangerment of children.

In light of these distressing incidents, it is clear that ensuring the safety of children in educational institutions must become a top priority. Rigorous background checks and thorough vetting of staff are crucial steps in safeguarding students from abuse and maintaining trust within the community. By implementing these measures and adhering to strict safety protocols, schools can create a secure environment where children can learn and grow without fear. 

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