Supreme Court seeks Uttar Pradesh govt response on Muzaffarnagar slap incident in school

A bench comprising Justices Abhay S Oka and Pankaj Mithal sought a report from the Superintendent of Police and also the status of the probe in the matter. The plea has been moved by Tushar Gandhi, great-grandson of Mahatma Gandhi.

New Delhi: The Supreme Court Wednesday asked the Uttar Pradesh government to file a status report on an FIR lodged in connection with the slapping of a Muslim minor student of a class in a private school in Muzaffarnagar district.

A bench comprising Justices Abhay S Oka and Pankaj Mithal sought a report from the Superintendent of Police and also the status of the probe in the matter. The plea has been moved by Tushar Gandhi, great-grandson of Mahatma Gandhi. After hearing submissions from advocate Shadan Farasat, representing Tushar Gandhi, the top court issued notice to the state government and scheduled the matter for further hearing on September 25.

The plea sought enforcement of the fundamental rights of children and the indulgence of the apex court with regard to "[A.] directions for a time-bound and independent investigation including registration of FIR in respect of all provisions where prima facie commission of offences is made out, specifically Section 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in the recent episode of atrocities committed against a 7-year-old boy in Muzaffarnagar, UP by management/ teacher of the school; and [B.] prescription of preventive and remedial measures within the school systems in relation to violence against children, including those belonging to religious minorities”.

The viral video of the incident purportedly showing a teacher of the class promoting other students to slap a Muslim fellow student has led to outrage across the country.

The National Commission for Protection of Child Rights and the National Human Rights Commission have issued notice to the state government.

The petitioner contended that the present petition was on an issue of national importance that goes on to the very root of a civilised and pluralistic society, i.e., ensuring peace and harmony between members of different religious groups in the country, including in the school systems.

On August 24, 2023, a "disturbing video" emerged of a 7-year-old boy being slapped by fellow students in a Neha Public School in Muzaffarnagar village instructions of their teacher/ principal of the school, Tripti Tyagi because he got his multiplication tables wrong, it said. The plea said the 7-year-old boy complained that he felt disturbed and was unable to sleep following the incident.

The plea said, “Corporal punishment has become rampant in the Indian education system as the administration and the teachers believe that corporal punishment has a beneficial impact on children enabling them to learn and conduct better. However, research suggests the contrary”.

The plea said research suggests that violence in schools is administered with great severity and frequency to children from groups that are subject to stigma and discrimination in society. "This can put children, who, especially in their formative years, are extremely impressionable, at the risk of social and psychological damage as well as cultural deprivation which can last a lifetime," it added.