In the Supreme Court, panel comprising Justices Abhay S Oka and Ujjal Bhuyan emphasized that the State must enforce the provisions of the Right to Education Act thoroughly and comprehensively.
Thank you for reading this post, don't forget to subscribe!
The Supreme Court of India Today (09 Feb 2024), expressed its dissatisfaction with the government’s failure to provide counselling to students involved in a distressing incident at a school. The case, which has drawn national attention, involves a teacher who allegedly encouraged students to slap a Muslim classmate, sparking a debate on religious intolerance and the psychological impact of such actions on young minds.
Justices Abhay S Oka and Ujjal Bhuyan, presiding over the bench, pointed out the state’s negligence in adhering to the court’s directives aimed at addressing the psychological aftermath of the incident.
“See the State affidavit. There has been complete breach of our directions. None of the kids have been given counselling! We had even given names of organisations. This has to be done in letter and spirit,”
Justice Oka remarked, highlighting the government’s lack of action in providing necessary support to the affected students.
The court’s frustration stems from the apparent disregard for its earlier orders, which emphasized the need for counselling for all students who witnessed or participated in the corporal punishment. The bench noted,
“We have perused the latest TISS report which calls for counselling of all the students who had taken part in corporal punishment as participants and witnesses. Nothing has been done by the State, it is too late in the day. We direct the State to immediately implement the directions specially for the witness children,”
-underscoring the urgency of the situation.
The Supreme Court was addressing a plea filed by Tushar Gandhi, the great-grandson of Mahatma Gandhi, which sought action against the school teacher, Tripta Tyagi, for her alleged role in instigating the violence. Despite Tyagi’s denial of a communal motive behind her actions, the incident, which was captured in a viral video, led to the sealing of the school in Khubbapur village.
The plea advocates for a time-bound and independent investigation into the matter, alongside measures to prevent violence against students from religious minorities. The Uttar Pradesh government had previously informed the Supreme Court that Tyagi could face charges under Section 295A of the Indian Penal Code (IPC), which penalizes deliberate acts intended to outrage religious feelings.
In addition to ordering professional counselling for the student and his classmates, the Supreme Court had directed that the victim be admitted to a new school. The court’s earlier hearings also criticized the Uttar Pradesh Police and government’s handling of the investigation, noting omissions in the first information report (FIR) and mandating that the probe be led by a senior Indian Police Services (IPS) officer nominated by the state government.
This case not only highlights the legal and ethical responsibilities of educational institutions in nurturing a safe and inclusive environment but also emphasizes the critical role of psychological support in healing and reconciliation.
The Supreme Court’s insistence on immediate action reflects a broader concern for the mental health of students exposed to traumatic experiences, underscoring the need for a proactive approach in safeguarding children’s well-being in schools.
The State government is directed to file a compliance affidavit by February 28 and the case will be heard again on March 1.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
