Muzaffarnagar Slapping Case: UP Police Converts NCR Into FIR Against Teacher, Adds JJ Act’s Provision Concerning ‘Child Cruelty’

It may be noted that in this case, after a preliminary probe, the FIR was lodged, after converting the NCR registered earlier, under Sections 323 (causing hurt), and 504 (Intentional insult to provoke breach of peace) IPC. Now Section 75 (cruelty against child) JJ Act has also been added to the FIR.

A piece of information in this regard was sent to the Superintendent of Police, Muzaffarnagar (Uttar Pradesh) through a letter by the concerned police station informing him that the NCR registered earlier has been converted into an FIR and the investigation into the matter is currently underway. A complaint in this regard was made by a Lucknow-based Advocate, Syed Mohammad Haider Rizvi.

The letter also states that during the preliminary investigation of the case, it was found that the video of the incident is from August 24  when the victim student of Neha Public School (village Khubbapur police station Mansoorpur Muzaffarnagar), the victim was asked by the teacher to recite the table, and since he could not recite it, the victim student was beaten up by other children of the class at the behest of school teacher Tripta Tyagi.

The letter further avers that the video of the incident was shared by the cousin of the victim student and in the video it could be heard that the accused teacher is saying that she has declared that when the mothers of Muslim students go somewhere outside, their (students) education gets ruined.

Further, the letter adds that the victim's father has also stated that since his child is weak in studies, hence, he had earlier asked the teacher to keep his child 'tight' so that he takes an interest in studies. 

Importantly, the letter avers that the counselling of the victim student was done by the Child Welfare Committee Muzaffarnagar in the presence of his family members and presently, there is no animosity between the two parties in village Khubbapur regarding the above incident.

The letter also informs the SP Concerned that the investigation has revealed that the students who were asked to beat up other students in the class do not belong to only the Hindu community, but they belong to both communities (Hindu and Muslim) and the said teacher Mrs. Tripta Tyagi is a disabled woman. 

This development comes days after the Supreme Court sought a report regarding the status of the investigation in the case from the Muzaffarnagar SP. The Court has further asked the SP to report about the steps taken to protect the victim of the crime.

A bench comprising Justices Abhay S Oka and Pankaj Mithal ordered so on September 6 while issuing notice on a writ petition filed by social activist and great-grandson of Mahatma Gandhi, Tushar Gandhi, seeking proper investigation in the case. The matter will be heard next on September 26.

The petitioner has alleged that ever since the FIR was filed, there has been mounting pressure on the child’s family to strike a “compromise” and get the FIR against the teacher expunged.