The Supreme Court was hearing a PIL filed by activist Tushar Gandhi regarding the case of a Muslim boy being slapped in Muzaffarnagar and the enforcement of the Right to Education Act, 2009.
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NEW DELHI: Senior Advocate Shadan Farasat informed the Supreme Court on Thursday (28th Nov) that while Rule 5 of the Uttar Pradesh RTE Rules, 2011 aims to protect children from religious discrimination in schools, the authorities are failing to recognize and address the issue, as reported by the sources.
The Supreme Court was hearing a PIL filed by activist Tushar Gandhi regarding the case of a Muslim boy being slapped in Muzaffarnagar and the enforcement of the Right to Education Act, 2009.
The case involves allegations of religious discrimination and physical punishment of a minor Muslim student by a teacher in Uttar Pradesh.
Farasat, representing Tushar Gandhi, emphasized three main concerns: the proper implementation of Section 12(1)(c) of the Right to Education Act which mandates that private unaided non-minority schools reserve at least 25% of entry-level seats for children from disadvantaged groups religious discrimination, and the inadequacies in the chargesheet. He noted that the chargesheet fails to invoke the second proviso to Section 75 of the Juvenile Justice (Care and Protection of Children) Act, which deals with cruelty toward children, despite previous court directives.
A bench comprising Justice Abhay Oka and Justice Augustine George Masih instructed Additional Advocate General Garima Prashad of Uttar Pradesh to be present at the next hearing.
The PIL was initiated following the viral circulation of a video in August 2023, where teacher Tripta Tyagi allegedly ordered students to slap a seven-year-old Muslim boy while making Islamophobic remarks. The incident sparked widespread condemnation.
Last year, the Supreme Court observed a “prima facie failure on the part of the State” in enforcing the Right to Education Act and related rules, which prohibit the physical and mental harassment of students and discrimination based on religion and caste. The court has since been overseeing the matter and has criticized the Uttar Pradesh police for their initial investigation and delays in registering an FIR.
Read Previous Reports On Muzzafarnagar Muslim Student Slapping Case
