PRATULKUMARSINHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) An advocate from Nadia in West Bengal has brought to the notice of the Court in the shape of a letter the news item published in the Calcutta edition of the Amrit Bazar Patrika containing allegation of sexual exploitation of blind girl students in a school located at Berahmpur in the district of Ganjam within Orissa State and the same has been registered as a writ petition under Article 32 of the Coinstitution. This Court issued notice and by order dated 6th of April, 1989, directed the Chief Judicial Magistrate of Berahmpur to proceed immediately to the Red Cross Blind School and enquire into the allegations made in the writ petition and the annexure and after recording the statement of the inmates of the school, he was required to submit a report to this Court. This Court also indicated that it would not be necessary for the Chief Judicial Magistrate to give prior notice to the authorities of the school when he proposed to visit the school for the purpose of enquiry.

(2.) The Chief Judicial Magistrate has made the enquiry as directed and has submitted a detailed report. He has also forwarded to the Registry of this Court all papers connected with the enquiry including the statements recorded from different persons as also the victim of criminal assault. The State of Orissa through its Assistant Director-cum-Under Secretary, Community Development and Rural Re-construction Department, has filed a detailed affidavit. In paragraphs 16 to 18 of his report, the Chief Judicial Magistrate has indicated :-

(3.) The news as published in the paper gave an impression as if sexual exploitation on blind girls in the institution was rampant and widespread. This Court had, therefore, thought it appropriate to issue notice and examine the matter. We would like unhesitatingly to indicate that it is the obligation of those who have the gift of eyesight to look upon those who do not have with human compassion and consideration. The natural disadvantage should not be exploited. The discipline inside the school should yield no scope even for a single deviation from the path of rectitude. The picture as emerging from the report and the material collected by the Chief Judicial Magistrate do give an impression that everything is not well with the institution.