“The child’s educational costs must be covered until he completes his schooling. You are required to secure a sponsor and ensure he remains in the same school.” the court stated
NEW DELHI: Today (26th July): The Supreme Court has directed the Uttar Pradesh (UP) Government to secure a sponsor to cover the educational costs for a Muslim child from Muzaffarnagar who was slapped by classmates, reportedly encouraged by their teacher.
Justices Abhay S Oka and Augustine George Masih emphasized that the State must ensure the child remains in the same school and that all educational expenses are covered until the end of his schooling. Additional Advocate General Garima Prashad represented the State of UP at today’s hearing.
The Court stated,
“The child’s educational costs must be covered until he completes his schooling. You are required to secure a sponsor and ensure he remains in the same school.”
The UP Government was given two weeks to file a compliance affidavit regarding this case.
The Supreme Court was addressing a petition by Tushar Gandhi, great-grandson of Mahatma Gandhi, seeking action against school teacher Tripta Tyagi. Tyagi was accused of encouraging students to slap a Muslim student and making derogatory remarks about the child’s religion, as seen in a viral video.
Gandhi’s petition requested a prompt and independent investigation, along with measures to prevent violence against minority students. In October 2023, the UP government informed the Court that Tyagi might face charges under Section 295A of the Indian Penal Code (IPC) for actions intended to outrage religious feelings.
In February, the Supreme Court criticized the UP government’s inadequate response, especially regarding the lack of counseling for the children involved. The Court had also noted issues with the Uttar Pradesh Police’s initial FIR, which omitted critical allegations.
The incident, which took place in August 2023, was captured in a video that went viral, showing the young student being slapped by his peers while the teacher made offensive remarks. This act of violence and the accompanying communal comments sparked widespread outrage.
Following the incident, an FIR was registered against Tyagi under various sections of the Indian Penal Code, including those for causing voluntary hurt and intentional insult with intent to provoke breach of peace.
The National Human Rights Commission (NHRC) also took suo moto cognizance of the matter, issuing notices to the UP government’s chief secretary and the director general of police, and calling for a detailed report on the incident.
In September 2023, the court directed the Muzaffarnagar police superintendent to report on the investigation’s progress and the steps taken to protect the minor victim. The bench expressed dissatisfaction with the Uttar Pradesh police’s handling of the case, particularly the delay in filing the FIR and the omission of allegations of communal hatred.
The court noted a “prima facie failure” on the part of the State to adhere to the Right to Education Act and rules, which prohibit physical and mental harassment of students and discrimination based on religion and caste.
Case Title: Tushar Gandhi vs State of Uttar Pradesh and ors
