Muzaffarnagar School Slapping | Supreme Court Slams UP Govt For Not Providing Counselling To Students As Per TISS Suggestion

While hearing a plea concerning the Muzaffarnagar student slapping incident, the Supreme Court today expressed displeasure with the State of Uttar Pradesh for not complying with the suggestions given by Tata Institute of Social Sciences (TISS) in its Report for counselling of students involved in the act (other than the victim).

Directing the State to immediately implement TISS' suggestions regarding counselling of the other children, who were participants/witnesses of the incident, the Bench of Justices Abhay S Oka and Ujjal Bhuyan orally told UP AAG Garima Prashad that the suggestions have to be implemented in letter and spirit.

To recap, the case relates to a primary school teacher in Muzaffarnagar, UP punishing a 7-year-old Muslim boy by instructing other students to assault him - ostensibly as punishment for poor performance in multiplication tables - and making alleged communal remarks. In a video that went viral after the incident, the teacher could be heard directing students to slap the boy one by one. As the boy was slapped and cried, the teacher made alleged offensive remarks about 'Mohammedan children'.

Against the incident, social activist and Mahatma Gandhi's great-grandson Tushar Gandhi moved the Supreme Court, calling for an independent and time-bound probe as well as prompt registration of FIRs against those responsible. On September 06, 2023, the top Court issued notice in the petition.

On the next date, the Court noted that though the complaint filed by the victim's father related to cognizable offences, no FIR was immediately registered. Only a non-cognizable report was filed initially and the FIR was registered "after a long delay" on September 6, almost two weeks after the incident. The Court further stressed that the other students, who were asked by the teacher to beat the victim, needed to be counselled besides the victim.

In a scathing order passed in November, 2023, the Supreme Court castigated the State of UP and its Education Department for non-compliance with the orders passed concerning counselling and admission for the victim. Expressing shock at the State's approach, the Court appointed TISS to provide counseling and expert child counselors.

In December, 2023, the State government was asked to file a report on the manner in which it proposed to implementation the recommendations made by TISS.

Today, from the State's affidavit on record, it came to be inferred that counselling of the other children who were participants and witnesses to the incident had not been undertaken, despite TISS' recommendations. "TISS suggests in what manner they will be counselled...They have given you name of institutions also whose assistance should be taken...nothing has been done", remarked Justice Oka.

Although AAG Prashad claimed that the organizations suggested had consented to counselling and the same was underway, even though the affidavit may not be reflecting the same, the court was not convinced.

"It is not reflected, it is not being done", observed Oka J. The judge further lamented, "It is too late in the day now for the State to initiate [inaudible]...There was element of urgency in counselling".

It was also noted that certain other directions were issued vide order dated September 25, 2023 regarding the implementation of provisions of the RTE Act and Rules, but there was no report on compliance. The court granted 1 month's time to the State to report compliance in terms of the said order.

With regard to the issue of counselling, the court asked the State to file a compliance affidavit by February 28, 2024. The matter is listed for consideration of the same on March 1.

Case Title: Tushar Gandhi v. The State of Uttar Pradesh and Ors., Writ Petition (Criminal) No. 406 of 2023

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