New Delhi: The Supreme Court Monday pulled up the Uttar Pradesh government for a shoddy probe in an FIR lodged against a woman teacher, who allegedly encouraged students in her class to slap a classmate and made communal remarks at a private school in 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.
A bench comprising justices Abhay S Oka and Pankaj Mithal noted that under section 8 (g) under the Right to Education (RTE) Act, it is the obligation of the government to ensure quality elementary education is given and the same is the obligation of local authorities under section 9 (h).
The top court said under sub-section 1 of section 17 of the RTE Act, there is a complete prohibition to subjecting a child to physical punishment and mental harassment and if allegations made by parents are correct “this will be the worst” kind of punishment by a teacher, where a teacher directed other students to assault the victim.
The bench stressed that the object of the RTE Act is to provide quality education and added that there cannot be any quality education if a student is penalized only on the grounds that he belongs to a particular community. The bench called the incident "serious and worrying", and also a matter of right to life, and orally remarked that the incident should shock the conscience.
The bench said there is a mandate that local authorities are responsible for ensuring that no child is subjected to discrimination due to caste, class, religious, or gender abuse, inside the school.
The top court directed the state government to ensure that proper counselling is given to the victim of the offence by an expert child counsellor. The bench said the students who were involved in the incident --allegedly followed the directions of the teacher and assaulted the victim -- need counselling by an expert child counsellor. The bench said the state government will provide an expert child counsellor.
The bench said the state government will have to answer a more important question, what facility it would extend to the victim citing RTE, it added that the state has to make proper arrangements for quality education of the victim and the state cannot expect the child to continue in the same school.
Additional solicitor general K M Nataraj, representing the UP government, said the state government does not want to protect or shield anybody. The top court recorded ASG’s submissions and directed the UP government to bring on record a compliance report on the aspect of the implementation of the RTE Act and rules in relation to the victim of the offence. The court also directed the state government to bring on record a compliance report on providing better education facilities for the victim and the counselling of the victim and other students.
The top court directed a senior IPS officer to submit a compliance report. The top court has scheduled the matter for further hearing on October 30 and the reports should be submitted to the court in three weeks.
During the hearing, the Supreme Court also recorded serious objections to the content of the FIR, which does not have the allegations levelled by the father of the child. The bench noted that the father had given a statement that his son was beaten because of his religion, but it wasn't mentioned in the FIR and stressed that it is a matter of quality education, which also includes sensitive education. 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 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 said the present petition was on an issue of national importance which 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.
