The Supreme Court remarked that the ultimate objective of imparting quality education to children is to ensure that they become good citizens who are aware of ethos and values of the Constitution of India. The Court made the remark while hearing a Writ Petition filed by activist Tushar Gandhi in the wake of an incident where a child in Muzaffarnagar was assaulted by his classmates on the instruction of their teacher.
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NEW DELHI: The Supreme Court of India explained the importance of quality education in shaping children into responsible citizens who embody the ethos and values of the Constitution of India.
The Court made these observations while hearing a writ petition filed by activist Tushar Gandhi, prompted by a distressing incident in Muzaffarnagar where a teacher allegedly directed students to assault a classmate.
A two-judge Bench comprising Justice Abhay S. Oka and Justice Augustine George Masih remarked,
“The state cannot ignore the fact that the ultimate object of rendering quality education is to ensure that children become good citizens who are aware of the ethos and values of Constitution of India. The state needs to concentrate on this aspect especially when we have completed 75 long years of existence of our Constitution.”
Senior Advocate Shadan Farasat represented the petitioner, while Senior Advocate Garima Prashad appeared on behalf of the State of Uttar Pradesh. Reflecting on a previous order in the case, the Bench reiterated,
“In our Order, we had observed that the object of the Act is to provide quality education. Unless there is an effort made to inculcate the importance of Constitutional values in the students, especially the core values of equality, fraternity and secularism, there cannot be any quality education.”
The Court also highlighted the implementation of Section 17(1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), which prohibits physical and mental harassment of children. Criticizing the lack of enforcement, the Bench noted,
“We do not see any directions given by the state government to all the schools to strictly implement Section 17(1) of the Act. What the state has pleaded in the affidavit, some kind of grievance redressal mechanism is available to the parents in case of violation of Section 17(1) of the said Act, the issue is in what manner the availability of grievance redressal mechanism will be informed to the parents. Unless the parents are made aware of the mechanism, the same will remain on paper. The State needs to take further steps on this aspect.”
The Court referred to Rule 5(3) of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011, which mandates that no child shall face caste, class, religious, or gender-based abuse or discrimination in schools. Stressing the urgency of its enforcement, the Court stated that this rule “needs implementation” and directed the state government to file a compliance affidavit within six weeks regarding its execution, alongside the prohibition of physical and mental harassment.
During the proceedings, Justice Oka pressed the counsel for Uttar Pradesh on the issuance of specific directions to schools concerning physical punishment. The counsel pointed to a circular issued in August 2023 by the Director General of School Education, outlining prohibited punishments. However, Justice Oka responded,
“But where is the direction given to schools in terms of Section 17(1)?… In no uncertain terms, these instructions had to be issued.”
Addressing the incident in Muzaffarnagar, Justice Oka remarked,
“This may be the tip of the iceberg. One incident brought to the notice about physical punishment given.”
Furthermore, the Bench raised concerns about the dissemination of information regarding the grievance redressal mechanism under the RTE Act.
“How will the parents know this mechanism is available?”
-Justice Oka asked, emphasizing the need for wider public awareness.
The Supreme Court’s observations highlight the critical role of education in not only imparting knowledge but also fostering values like equality, fraternity, and secularism among children.
By ensuring strict implementation of the RTE Act and promoting awareness of grievance redressal mechanisms, the state government must prioritize safeguarding the rights and dignity of every child within the educational system.
CASE TITLE:
Tushar Gandhi v. State of Uttar Pradesh And Ors. [W.P.(Crl.) No. 406/2023 PIL-W]
Click Here to Read Previous Reports on Muzaffarnagar School Slapping
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