Bombay HC reprimands CWC for failure in duty

The Bombay high court, in its recent judgment in which it had commuted the death sentence of an accused to life and acquitted most of the accused from various charges of sexual harassment and torture of children in an orphanage in Navi Mumbai, reprimanded the Child Welfare Committee for failing to do its duty as a supervisory body. The court in its judgment had held guilty three persons for raping five mentally challenged girls.

A total of six convicts, including Ramchandra Karanjule — who was convicted for murder and awarded death sentence by the trial court — had approached the high court after the sessions court convicted them in March 2013 on various charges in a case of murder of an inmate and gangrape of five girls, including three minors, at the orphanage run by private trust ‘Kalyani Mahila Bal Seva Sanstha’ at Kalamboli in Navi Mumbai.

Apart from Karanjule, the others convicted by the HC are Nanabhau Karanjule, Khandu Kasbe, (both acquaintances of Ramchandra Karanjule), Sonali Badade (orphanage superintendent) and Parvati Mavale (caretaker). The high court, meanwhile, acquitted Prakash Khadke (an acquaintance of Ramchandra Karanjule) of all charges.

A division bench of justices R.V. More and Anuja Prabhudessai upheld the conviction of Ramchandra Karanjule, Nanabhau Karanjule and Khandu Kasbe on charges of gangrape and molesting five girls, including three minors. Ramchandra and his wife were trustees of the orphanage.

The bench in its judgment said, “The CWC is a primary body for addressing the needs of children in need of care and protection. The CWC is required to play the role of watchdog at the district level and ensure that standards of care are maintained and the incidents of exploitation and abuse in all child care institutions are addressed.”

It further observed, “In the present case, facts clearly indicate that the CWC members have not acted in the best interest of the child. The insensitive role of the CWC in adopting, ‘I see no wrong and hear no wrong’ greatly perturbs our judicial conscience.”

“Had they (CWC) performed their duties sincerely and with sensitivity, the truth would have been unearthed and these young helpless vulnerable victims would not have been physically, sexually and emotionally traumatised,” said the court.

The court also said that Ramchandra portrayed himself to be a “saviour, protector and guardian,” of such girls who were abandoned by their families and shunned by the society. “It was only after the committee appointed by this court took the girls into confidence and encouraged them to give vent to their feelings that they expressed their fear, shame and anger,” the court said.