The Supreme Court, in a recent hearing, expressed concerns over the incident where a primary school teacher in Muzaffarnagar, Uttar Pradesh, instructed students to slap their seven-year-old Muslim classmate. The video of this incident, which took place in August, went viral on social media, leading to nationwide outrage.
Also read-Supreme Court Criticizes UP Government Over Muzaffarnagar School Incident (lawchakra.in)
A bench comprising Justices Abhay S Oka and Pankaj Mithal was hearing a public interest litigation (PIL) filed by activist Tushar Gandhi, who sought a proper and time-bound investigation into the matter. The court, in September, had directed the Muzaffarnagar police superintendent to submit a report on the investigation’s progress and the steps taken to protect the minor victim.
During the recent hearing, after reviewing the police superintendent’s report, the bench expressed dissatisfaction with the Uttar Pradesh police’s handling of the case. The court was particularly concerned about the delay in filing a first information report (FIR) and the omission of allegations of communal hatred from it. As a result, the court ordered a senior police officer to investigate the case and asked the state government to provide expert counselling to the victim and other children involved in the incident. The state was also directed to ensure facilities for the victim under the Right to Education Act and Article 21A of the Constitution.
Justice Oka remarked,
“Such kind of indefinite suspension will have ramifications on the people whose constituency is going unrepresented? Where is the power of the privilege committee to indefinitely suspend the member?”
He further added,
“We must be very careful about not excluding those voices from the Parliament.”
The court also noted a
“prima facie failure on the part of the State”
to adhere to the Right to Education Act and rules, which prohibit the physical and mental harassment of students and their discrimination based on religion and caste. The bench emphasized that if the allegations were true, it should shock the conscience of the State.
Advocate Shadan Farasat, representing the petitioner, highlighted the trauma caused to the child due to the incident. He stated,
“The child’s father contacted us after reading about this petition on the news. He actually came and met us. The child is extremely traumatised. I have an affidavit from him. He is there in court as well. With permission of the court, I’ll hand over the affidavit. As a lawyer, I personally met the child. He was unwilling to speak to any stranger. He will require counselling of a different kind, perhaps continuous counselling by teachers in whichever school he is admitted…”
Also read- Gandhi Heir Takes Muslim Student Slap Case To SC, UP Govt Response Sought (lawchakra.in)
The counsel for the education department informed the bench that a committee of three secretaries, who are child psychologists, has been formed to provide counselling. However, Justice Oka responded,
“Are secretaries to the government competent to give counselling? That has to be done by a child counsellor.”
The controversy revolves around a private school teacher, Tripta Tyagi, who, as seen in the viral video, directed students to slap the boy one by one. As the child was slapped and cried, Tyagi was heard making derogatory remarks about ‘Mohammedan children’.
Following the incident, an FIR was registered against Tyagi under various sections of the Indian Penal Code. The National Human Rights Commission (NHRC) also took suo moto cognizance of the incident and issued notices to the UP government’s chief secretary and the director general of police.
The hearing has been adjourned until next Monday, with the court considering appointing an expert agency for counselling purposes.
