Muzaffarnagar Student Slapping Case : After Supreme Court Rebuke, Uttar Pradesh Govt Complies With TISS Recommendations On Counselling

A bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing a public interest litigation (PIL) petition filed by activist Tushar Gandhi seeking a proper and time-bound investigation into the incident. The case relates to a primary school teacher in Uttar Pradesh's Muzaffarnagar instructing schoolchildren to slap their Muslim classmate, a video of which became viral on social media in August 2023.

In a scathing order passed in November last year, the court had pulled up the state government and its education department for not complying with its earlier orders regarding the victim's admission to another school, and counselling of all the children involved. Expressing shock at the State's non-compliance, the Court appointed TISS to provide counselling and expert child counsellors. After the Tata Institute of Social Studies submitted its report, the state government was asked to inform the court of how it proposed to implement the institute's recommendations.

On the last occasion, the court slammed the state government for not implementing the recommendations relating to the counselling of the other students.

During the hearing today, the Uttar Pradesh government, represented by its Additional Advocate General Garima Prashad, informed the court that pursuant to the court's orders and in terms of the suggestions made by the Tata Institute of Social Studies, workshops are currently being conducted by one of the recommended organisations. These workshops will be held until April 24.

Another concern raised was the reimbursement for travel expenses, which according to the petitioner's lawyer, Advocate Shadan Farasat, had been halted by the state government. While refusing to pass a formal order, Justice Oka categorically stated that the amount must be released. The judge also suggested exploring the option of collaborating with charitable organisations for financial assistance.

The bench, after reviewing the compliance affidavit, directed the State to continue the workshops until April 24 and file an appropriate affidavit regarding their conduct, before adjourning the hearing until April 15. In its order, it noted –

“…For considering the larger issues flagged in the earlier orders and directions issued by this court regarding implementation of Right to Education Act and the rules framed thereunder, list on April 15. In the meanwhile, the State is free to file affidavits on these aspects.”

In September, the court directed the Muzaffarnagar police superintendent to submit a report on the investigation's progress and the steps taken to protect the minor victim, while issuing notice. After perusing the police superintendent's report, the bench expressed dissatisfaction with the Uttar Pradesh police's handling of the case, particularly over the delay in filing a first information report (FIR) and the omission of allegations of communal hatred from it. Consequently, the court ordered that a senior police officer investigate the case.

Background

The controversy is over a private school teacher, Tripta Tyagi, in Muzaffarnagar, Uttar Pradesh instructing her students to physically assault a seven-year-old Muslim student – ostensibly as punishment for his poor performance in multiplication tables – while making communal remarks, prompting nationwide outrage. In a video that went viral in August last year, Tyagi can be heard directing students to slap the boy one by one. As the child is slapped and cries, Tyagi is heard making offensive remarks about 'Mohammedan children'.

Following the incident, a first information report (FIR) was registered against Tyagi on August 26 under various sections of the Indian Penal Code, including Section 323 (punishment for causing voluntarily hurt) and Section 504 (intentional insult with intent to provoke breach of peace). In August, the National Human Rights Commission (NHRC) also took suo moto cognizance of the incident and issued notices to the UP government's chief secretary and the director general of police, within days of a complaint being filed by UP-based lawyer SM Haider Rizvi. The commission has called for a detailed report on the matter within four weeks and expressed concern about the violation of the victim's human rights. It has also requested information on actions taken against the teacher, the status of the FIR, compensation to the affected family, and preventive measures to avoid such incidents in the future.

In September, social activist and Mahatma Gandhi's great-grandson Tushar Gandhi approached the Supreme Court, calling for an independent and time-bound probe into the incident and the prompt registration of FIRs against those responsible. In his petition filed through Advocate-on-Record Shadan Farasat, Gandhi has urged the court to direct an investigation of offences under the Indian Penal Code, including that of promoting enmity between different groups based on religion and uttering words with the deliberate intent to wound religious feelings, as well as various offences under the Juvenile Justice (Care and Protection of Children) Act, 2015.