The Supreme Court on January 12, 2024, directly blamed the Uttar Pradesh government for the incident of a teacher at a Muzzafarnagar private school goading her students to slap their seven-year-old Muslim classmate.
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NEW DELHI: In a significant development in the Muzaffarnagar student slapping case, the Supreme Court of India has adjourned the hearing until February 6, 2024. The bench, of Justices Abhay S Oka and Ujjal Bhuyan, has allowed the petitioner’s counsel, after consultation with the child’s parents, to offer suggestions regarding the implementation of recommendations made by the Tata Institute of Social Studies (TISS). The case, which has garnered national attention, involves a seven-year-old Muslim student from Muzaffarnagar, Uttar Pradesh, who was allegedly assaulted by his classmates at the behest of his teacher, Tripta Tyagi, in a private school.
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.
The Supreme Court’s involvement began when social activist and Mahatma Gandhi’s great-grandson, Tushar Gandhi, approached the court seeking an independent and time-bound probe into the incident. Gandhi’s petition, filed through Advocate-on-Record Shadan Farasat, urged the court to investigate offences under the Indian Penal Code and the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Supreme Court’s scrutiny of the case has been stringent. 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.
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In a subsequent hearing, the court criticized the State of Uttar Pradesh and its education department for failing to comply with orders related to counseling and admission for the victim. The court appointed the Tata Institute of Social Sciences to provide counseling and expert child counselors. The education department’s principal secretary was also directed to appear virtually for the next hearing.
During the last hearing, the court revealed that TISS had submitted its report and inquired about the government’s plan to implement its recommendations. Uttar Pradesh Additional Advocate General Garima Prashad assured the court that the state government had examined and discussed the institute’s recommendations. However, concerns were raised about the socioeconomic differences between the victim and other children at the private school, as well as the distance he had to travel daily.
Advocate Farasat strongly objected to the government’s suggestion, emphasizing the parents’ desire for their child to attend the best school. Justice Oka, addressing the law officer, stated,
“Put your suggestions across to the parents. Ultimately, they will have to make the call. The child should be in the best possible school.”
The Supreme Court has sought a response from the Uttar Pradesh government on how it proposes to implement the recommendations made by TISS. The case, titled Tushar Gandhi v. State of Uttar Pradesh (Writ Petition (Criminal) No. 406 of 2023), continues to highlight critical issues of child rights, education, and communal harmony in India.
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