Maharashtra: MVA May Be Politicising Badlapur Sexual Assault Case, But Mahayuti’s Failures Are Hard To Ignore

The Maha Vikas Aghadi (MVA) — a coalition of opposition parties in Maharashtra — had called for a statewide strike on 24 August over the Badlapur case involving the sexual assault of two minors in school and the delay by Maharashtra police in taking cognisance of the crime and initiating a probe.

The strike stands withdrawn following the Bombay High Court's intervention.

The incident in focus pertains to the sexual abuse of two minors aged four years old by a now-arrested contractual cleaner named Akshay Shinde (23). The incident occurred in a renowned school in Badlapur, a town in the Mumbai Metropolitan Region.

As per reports, the accused who was in charge of cleaning the female toilet of the school sexually abused the two girls on 12 and 13 August. The parents of the abused minors became aware of the incident after the victims complained of pain and expressed reluctance to go to school.

Subsequently, the parents are said to have reported the incident to the Badlapur Police Station.

However, to their agony, police officials reportedly delayed filing the complaint. The first information report (FIR) in the case is said to have been filed only 12 hours after the parents approached the police.

As the news of the incident and the callousness of the police department spread across town and the neighbouring villages, angry protestors stepped out on the streets, blocking suburban railway services for at least eight hours on 20 August. A mob also forced its way into the school and vandalised the building where the incident is said to have occurred.

After the protests went out of control, the state government on the same day announced that the accused had been nabbed. Deputy Chief Minister Devendra Fadnavis, who also holds the Home Department portfolio, constituted a special investigation team and ordered Badlapur Senior Police Inspector Shubhada Shitole’s transfer.

Orders were issued by the state’s School Education Department against the school for not ensuring that CCTVs were functional and for failing to form the Sakhi Savitri Committee, which is mandated by the state government to ensure the safety of female staff and students.

Mahayuti’s Claims Of MVA Politicising The Case

After protests erupted on 20 August, local Bharatiya Janata Party (BJP) legislator Kisan Kathore claimed that many participants were opposition party members and mostly non-locals.

“Posters demanding justice for the two minor victims were put up overnight. From morning, many individuals were transported to the protest site by large vehicles, indicating they were not genuine protestors but were brought by opposition parties,” Kathore said.

This allegation was supported by Chief Minister Eknath Shinde, who criticised the opposition parties for attempting to politicise the case.

“I was informed that a few people carrying posters that said ‘We don't want your Ladki Bahin Scheme money.’ Is there any connection between this unfortunate case and the state government-launched welfare scheme? This shows that the opposition parties, out of desperation to score brownie points, had infiltrated the protests with their cadre carrying such posters.

“The police have now found visual evidence of several individuals having been brought through cars to the protest location. We will not only ensure speedy justice to the victim but also press charges against these protestors for trying to disturb public law and order,” CM Shinde said.

The case took a more political turn when Shiv Sena (UBT) chief Thackeray went on to allege that the school was run by individuals closely related to the BJP, leading to a delay in police action.

This was followed by a statement from another MVA constituent, Nationalist Congress Party (NCP) leader and Lok Sabha member Supriya Sule, who demanded the resignation of Deputy CM Fadnavis for failing to curb the rising crime rate in the state.

If the ruling Mahayuti’s claims are to be believed, MVA constituents — especially Congress and the formerly undivided NCP under Sharad Pawar — have a history of attempting to politicise crimes against women.

For instance, the Kopardi rape and murder case dating back to 2016, which involved a 14-year-old victim, was the trigger for the massive protests launched by the socio-politically as well as numerically dominant Maratha community across the state.

These protests, which started initially demanding justice for the victim and seeking annulment of provisions guaranteeing protection to Scheduled Castes (SC) and Scheduled Tribes against atrocities (since the accused belonged to the SC category), soon transformed into an agitation seeking reservation. Leaders of the undivided NCP were most prominently seen supporting these protests.

In the present Badlapur case, following state government orders, the police have filed charges against 500 individuals for disturbing law and order, with 72 arrests made so far.

Whether or not the opposition tries to politicise the Badlapur case, the onus ultimately lies on the ruling government of the day to curb crime and instil the fear of law among anti-social elements.

Even if one assumes that the opposition orchestrated the protests in Badlapur, Maharashtra police's failure to fulfill its responsibility cannot be overlooked.

“It is a heinous offence! Instead of taking action, the police kept the parents waiting for hours. Why? The crime took place on 12 and 13 August, the FIR was filed on August 16, but the statement was taken now.

“The statement of one of the victim’s fathers was also recorded by the police only after the suo motu Public Interest Litigation was initiated on 21 August. Have you forgotten that your motto is Sadrakshanay Khalnigrahnay (protecting the innocent, punishing the wicked)?” a bench of Justice P K Chavan and Justice Revati Mohite-Dere of the Bombay High Court said, demanding the police officials to explain the reason behind the delay in initiating a probe in the Badlapur case.

“We come across at least four cases of serious crimes against women which aren't probed properly every day. This is pathetic. Why isn't the police sensitive in such cases? Is the state of Maharashtra trying to give us a signal that unless people protest it won't take crimes against women seriously?” a bench of Justice Ajay Gadkari and Justice Neela Gokhale said on 21 August, referring to the Badlapur case while hearing another case on the rape of a minor.

Deputy CM Fadnavis has held the Home Department portfolio since 2014, except for the 2020-to-2022 period when the MVA was in power. The ineptitude of the law enforcement agency reflects poorly on him.

Failed Justice

This is the second time a crime against a woman in Mahayuti’s tenure has enraged the masses.

In August 2022, just a few months after the Shinde-Fadnavis-led Mahayuti came to power, the state was shocked by the Bhandara rape case involving a 35-year-old woman who was raped multiple times over two days by three individuals.

The incident occurred while the victim was on her way to her maternal house in neighbouring Gondia district in the Vidarbha region of the state.

The state government had to suspend three police personnel in this case after a probe revealed that the victim had approached a police station in Bhandara district and had stayed there overnight after being raped by the first accused.

Instead of filing an FIR and initiating a probe immediately, the police personnel did not take any action until the victim left the police station the next morning and was raped again by two individuals.

The state government then immediately formed a special investigation team comprising senior police officials. The police managed to nab two of the three accused and filed an exhaustive chargesheet.

However, exactly two years after this incident in August 2024, the Bhandara District Sessions Court acquitted the two accused on the grounds that the police had failed to provide sufficient evidence against them.

Considering that the High Court criticised the police for delayed and shoddy investigations in cases of crimes against women and reminded them of their mandate to protect the innocent, the police's recent behaviour has been contrary to this mandate.

For instance, in a case dating back to 2017, the Sangli city police arrested two accused while probing a robbery case. When one of the accused did not accept his involvement in the crime, the accused was beaten to death by on-duty constables.

To make matters worse, the on-duty police team transported the accused's body to a hilly ghat 110 kilometres away and burned it to avoid responsibility. At the time, the Mahayuti was in power under Devendra Fadnavis as chief minister.

The law-and-order situation worsened further when an Assistant Police Inspector (API) named Sachin Vaze planted a bomb-laden car outside industrialist Mukesh Ambani’s Mumbai home, allegedly on the directions of the then MVA government’s home minister Anil Deshmukh.

Additionally, it was revealed that the car belonged to a bookie who was allegedly killed by the now-arrested API Vaze.

Fadnavis seized on the Vaze case to accuse the then-CM Thackeray-led MVA government of failing to protect innocent citizens.

Now that Mahayuti is in power and the state government has failed to reform the police force, it is in their best interest to refrain from blaming the opposition if they cannot ensure the bare minimum of the police filing an FIR when a victim seeks help.