Slapping incident: SC asks UP govt to facilitate admission of victim child to private school

The Supreme Court has asked the UP government to facilitate the admission of a student, who was allegedly slapped by his classmates at the behest of a teacher at a private school

New Delhi:The Supreme Court on Monday asked the Uttar Pradesh government to facilitate the admission of a student, who was allegedly slapped by his classmates at the behest of a teacher at a private school in Muzaffarnagar district, in a private school there. A bench comprising justices Abhay S Oka and Pankaj Mithal was informed by the state education department that it was constituting a committee to consider the admission of the victim child to a private CBSE-affiliated school. The counsel, representing the department, said it has under its jurisdiction only schools affiliated with the UP Board.

At this juncture, the bench asked what is the need for the appointment of a committee for the admission of a child. What will the committee do? The bench told the counsel to ask his senior officer and that person will talk to the principal of the school regarding the admission. Advocate Shadan Farasat, representing the petitioner Tushar Gandhi, said the father of the boy wanted him to be admitted to a private CBSE school but was facing difficulties.

The bench told the counsel, representing the education department, “Don’t take such a stand before the court. I don’t think any school will say no, given the facts of the case. By Friday, let us know about the compliance.” Additional Solicitor General KM Nataraj, representing the state government, contended that the authorities were looking for child psychologists at King George’s Medical University, Lucknow to counsel the child and other students of the school.

The bench suggested that child psychologists of the National Institute of Mental Health and Neurosciences (NIMHANS) would be better equipped to handle the matter. The apex court has scheduled the matter for further hearing on Friday.

On September 25, the Supreme Court pulled up the Uttar Pradesh government for a shoddy probe in an FIR registered against a woman teacher, who allegedly encouraged students in her class to slap a classmate and made communal remarks at a private school in the Muzaffarnagar district. The top court termed the incident serious and worrying, and the “worst” kind of punishment by a teacher and said that the mandate for local authorities is that no child is subjected to discrimination due to caste, class, religion, or gender abuse inside the school.

The top court was hearing a plea moved by Tushar Gandhi, great-grandson of Mahatma Gandhi, who was represented by advocate Shadan Farasat. The plea sought enforcement of the fundamental rights of children and the indulgence of the apex court about 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 seven-year-old boy in Muzaffarnagar, UP, by management/ teacher of the school.

It also sought prescription of preventive and remedial measures within the school systems about 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 fellow student had 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 said the present petition was on an issue of national importance, which goes on to the very root of a civilised and pluralistic society, 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.