SANGEETA PUNEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by a social worker who was working on issues related to street children, sexual abuse of children and who is a member of Forum against Child Sexual Exploitation (fort short FACSE ).

(2.) THE petitioner has prayed, inter alia, for directions to the respondents State of Maharashtra in the Ministry of Home and Ministry of Women and Child Development, to ensure that institutions which purport to house young children are not allowed to function without the necessary licence under the Womens and Childrens Institution (Licence) Act, 1956 and Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) THE occasion for the petition is a series of sordid incidents where young girls housed in an institution called "prem Sagar" situated in the compound of Redeemer Church Chawl, Babrekar Naga, Charkop, Kandivali (West), Mumbai 400 067 reported that they had been sexually abused by one Rev. Alfred who was the Director of the Institution. They reported that the said Rev. Alfred has actually attempted to rape some children. The children, who confided in a social worker Goretty Xalco, lodged a complaint in record register of Prem Sagar. This information was learnt by the FACSE and its members. FACSE convened the meeting on 31st March, 2000 in order to ascertain the facts. It appears that Rev. Alfreds explanation was that the incident of the alleged abuse of the girl had taken place by accident whereas the social worker Goretty Xalco stated that she knew of another incident where Rev. Alfred had actually tried to rape a child and that children had revealed to her the details of the sexual abuse. Two girls who were placed by some N. G. Os at Prem Sagar, by name Radha and Renuka were shifted immediately to St. Catherines Home in Andheri (West) to prevent further abuse. The group which investigated into the facts made certain demands on Prem Sagar to the effect that the institution should lodge F. I. R. against Rev. Alfred; that certain compensation should be given to two girls and that residential institutions run by it should be certified. They also demanded that Rev. Alfred should be removed from the premises of Prem Sagar in addition to be dismissed and that Prem Sagar publicly disassociate itself from him. It appears that Prem Sagar did not respond to any of the demands made by the group. On 2nd January, 2000 a lady member of the Managing Committee of Prem Sagar and another members wife visited the girl and questioned her following which the girl attempted suicide. According to the petitioner much time was wasted by inaction on the part of the management and finding agency of Prem Sagar.