Today, On 14th May, Supreme Court directs UP government to fully fund the education of the Muslim student slapped in school, ensuring no financial burden. In 2023, a teacher allegedly mocked his religion and encouraged classmates to slap him.
New Delhi: The Supreme Court directed the Uttar Pradesh (UP) government on Wednesday to cover the schooling expenses for a Muslim child from Muzaffarnagar, who was slapped by classmates at the instigation of their teacher in 2023.
A Bench of Justices Abhay S. Oka and Ujjal Bhuyan stated that while the State could persuade the school to take on some costs, the primary responsibility for educational expenses lies with the government.
The Court ordered,
“It is the obligation of the State government to pay for tuition fees, cost of uniform books, etc. and transport charges of the child till he completes his school education,”
The Court was addressing a plea filed by Tushar Gandhi, the great-grandson of Mahatma Gandhi, who sought action against a teacher named Tripta Tyagi for allegedly encouraging students to slap the Muslim student.
Tyagi reportedly made derogatory comments about the student’s religion and instigated the assault.
The incident caused widespread outrage after a video of the child being slapped circulated on social media, leading to the student being moved to a different school.
Gandhi requested a time-bound independent investigation into the event and measures to prevent violence against students from religious minorities.
In October 2023, the Uttar Pradesh government informed the Supreme Court that the teacher would face criminal charges under Section 295A of the Indian Penal Code (IPC), which pertains to deliberate acts intended to outrage religious feelings. Tyagi subsequently surrendered to the court and was granted bail.
Last year, the Supreme Court had suggested that the State find a sponsor to cover the child’s schooling costs.
On Wednesday, Senior Advocate Shadan Farasat, representing Tushar Gandhi, argued that the State had not ensured that the tuition fees and costs for the child’s school uniform were addressed.
He stated,
“It is embarrassing for them. It’s the State’s responsibility to directly pay to the school,”
In response, the State indicated that the Syed Murtaza Memorial Trust had offered to cover the student’s expenses.
The State’s counsel mentioned,
“We can file an affidavit placing it on record. The trust will pay directly to the school,”
However, the Court clarified that the primary obligation to fund the child’s education rests with the State.
It stated,
“It is recorded that the trust will take care for one year. We clarify that the primary responsibility of meeting this expenditure is of the State. It will be open to the State to persuade the school authority to make the payment,”
The case is scheduled for the next hearing on October 17.
Case Title: Tushar Gandhi vs State of Uttar Pradesh and ors