The Supreme Court on Tuesday rapped the Nitish Kumar-led Bihar government for not filling FIRs on the allegations of “sodomy” of children at shelter homes in the state. While hearing a separate case of alleged rapes at the state-run Muzaffarpur shelter home, the top court found out that the explanation of Bihar government on sodomy cases was frivolous. "A child is sodomised, you say FIR will be lodged on Monday. Are we doing any favour to these children? Are they not citizens of this country?" the court asked.
The top court also noted that the FIR registered by the Bihar government was only for minimum offence and not under Section 377. “If you haven't registered FIR on 377, then how will you investigate?" the court asked.
While the Supreme Court has struck down the Section 377 that criminalised consensual gay sex, "carnal intercourse with children, animals and bestiality” remain the criminal offence.
The top court said that despite receiving the report on sodomy cases in May, the Bihar government has done nothing. The counsel appearing for the Nitish Kumar government, however, claimed that an action was taken without any delay.
The court has ordered Bihar chief secretary to explain why FIRs under Section 377 were not filed in the sodomy cases. On this, the counsel assured the court that fresh FIRs will be filled under Section 377. The Supreme Court also warned the Bihar government of handing over all the shelter home cases to the CBI if the state delays the action. As of now, only the Muzaffarpur shelter home rape case is being investigated by the CBI.
Nitish Kumar trying to brush the case under carpet: Tejashwi Yadav
Meanwhile, former Bihar deputy CM and RJD leader Tejashwi Yadav has accused Chief Minister Nitish Kumar of trying to "brush the case under the carpet." Speaking to news agency ANI, Tejashwi said, "It took two months to file FIR in the case and even the name of the main accused wasn’t included. All the names coming up in the case are of those close to Nitish Kumar."