In a significant turn of events on January 12, 2024, the Supreme Court took a direct stance against the Uttar Pradesh government regarding a distressing incident that unfolded in a Muzaffarnagar private school. This unsettling case involves a teacher allegedly goading her students to physically assault a seven-year-old Muslim classmate. The apex court did not mince words, expressing discontent with the state’s handling of the situation and placing responsibility squarely on the government for its perceived failure to fulfill its expected duties.
Justice AS Oka, leading the Bench, went on record to state, “All this happened because the State did not do what it was expected to do. The State should be very concerned about the manner in which this incident happened.” Despite the state’s attempt to deflect responsibility by highlighting that it was a private school, the court held the state accountable, emphasizing its role in overseeing educational institutions.
Supreme Court Blames UP Govt. in Muzaffarnagar Slapping Case
The distressing incident had captured the court’s attention earlier, prompting the involvement of experts from the Tata Institute of Social Sciences (TISS) in November. At that time, the court had sought TISS’s expertise to provide counseling for the affected child and his classmates, recognizing the need for psychological support in the aftermath of such a traumatic event. During the recent hearing, the Bench directed advocate Shadan Farasat, representing activist Tushar Gandhi, to scrutinize the TISS recommendations thoroughly and collaborate with the parents to offer further suggestions if deemed necessary.
In a prior hearing, the court had classified the incident as “very serious” and a direct infringement of the child’s fundamental right to free and compulsory education as enshrined in Article 21A of the Constitution. Additionally, the court underscored violations of the Right to Education Act and the Uttar Pradesh Rules, which explicitly task local authorities with ensuring that children do not face discrimination within classrooms.
What the court had to say?
The court had, in September, criticized the state for what it deemed a “watered-down” and belated First Information Report (FIR) against the school teacher implicated in the incident. The video footage showed the teacher showering communal remarks on the child, raising alarm about the state’s approach to religious discrimination and the overall quality of education in Uttar Pradesh. Justice Oka had expressed concern about the delayed FIR, pointing out that it had ignored statements made by the child’s father regarding objectionable remarks made by the teacher, Tripti Tyagi.
During the proceedings, Uttar Pradesh Additional Advocate General Garima Parshad attempted to defend the state by highlighting that the child was currently attending a school located 28 km away from home. However, Farasat countered this argument, asserting that it was the school within the 1.5 km radius that caused harm to the child. He emphasized the quality of the current school’s curriculum and pointed out that the child’s father was personally escorting him to and from school every day.
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Tushar Gandhi’s petition to the apex court sought not only justice for the immediate incident but also urged the court to establish guidelines for preventive and remedial measures within school systems, particularly addressing violence against children belonging to religious minorities. The petition highlighted the prevalence of corporal punishment within the Indian education system and connected the Muzaffarnagar incident to a broader pattern of violence against students from marginalized communities.
The plea underscored the insidious effects of violence in schools, not only on the immediate victims but also on students who witness such events. It argued that this creates an atmosphere of fear, anxiety, intolerance, and polarization, which can have long-lasting detrimental impacts on the educational environment and the students’ overall well-being.
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