Mumbai: While granting bail to a woman helper who allegedly hurt a junior kindergarten student of a Mumbai school while washing her in the toilet, Bombay high court recently said schools must train its employees who are in direct contact with young children to be careful and cautious while doing such duties.“The school and its employees, vested with the duty of looking after small children such as the young girl here, must take sufficient care and ensure that such physical touch is avoided at all costs. If at all in unavoidable circumstances, they are required to touch a child in her private part, the same should be done with extreme sensitivity and care,” said Justice Neela Gokhale on Dec 19. After returning from school, the girl complained to her mother of a burning sensation while passing urine. Upon coaxing, she said “a nanny (sic)” hurt her when she had gone to the toilet. An hospital’s report mentioned “alleged sexual assault based on history and examination due to fingering.” The helper was arrested on Sept 16 and booked for rape and under POCSO for aggravated sexual assault. The Dindoshi sessions court rejected her bail application.Her advocate C K Talekar said the medical report does not indicate she committed any offence. She was not present on the day the incident is alleged. Two other “ayahs (sic)” took the girl to the toilet on that day. On Dec 10, Justice Gokhale requested investigating officer, API Suvidha Pallelly, to get the minor’s version independently. From the video-graphed interview, she noted “it appears that the redness and scratch was caused by a finger ring worn by the applicant…” The girl said the helper’s finger ring hurt her.“As far as the nanny is concerned, she does not prima facie appear to have committed any offence, however, she lacked sensitivity while helping young children wash themselves after urinating and she was doing her job quite rashly,” said Justice Gokhale.Shown a video by the mother’s advocate Saili Dhuru, she said “it does appear the child is hurt…” However at his stage, it cannot be said the act constitutes offences alleged. Considering the totality of the circumstances and that the helper has “2 children, who are alone”, Justice Gokhale released her on Rs 35,000/- personal bond with stringent conditions including that she “shall not take up any employment involving care of minor children in any school or organisation during pendency of the trial.“
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