Muzaffarnagar School Slapping Case | What Steps Taken To Prosecute Offender? Supreme Court Asks UP Govt

The Supreme Court on Monday (April 15) asked the State of Uttar Pradesh about the steps taken to prosecute the offender in the Muzaffarnagar school slapping case. The case related to the alleged incident where a teacher at a school in Muzaffarnagar asked her students to slap a student and allegedly uttered communal slurs against him.

The Court asked Additional Advocate General Garima Prashad to get instructions from the State in this regard.

“in the meanwhile.. the Additional Advocate General (AAG) would seek instruction about the steps taken to prosecute the offender.”, the Bench Comprising Justices Abhay S. Oka and Ujjal Bhuyan observed in the order.

The Court was hearing a plea filed by Mr. Tushar Gandhi, a social activist and the great-grandson of Mahatma Gandhi, seeking a proper investigation into the case. A video circulating on social media in August last year depicted the incident, wherein the primary school teacher, identified as Tripta Tyagi, purportedly made divisive remarks targeting the victim's religious affiliation.

Earlier, against the non-compliance with the orders passed concerning the counselling of the victim child and other students, the court on 10.11.2023 appointed the Tata Institute of Social Sciences (TISS) to suggest the mode and manner of extending counselling to the victim child and the other children involved in the incident.

Noting that the report submitted by the TISS contained very detailed suggestions about counselling of the children, who were participants and witnesses in the corporal punishment incident, the Court on 09.02.2024 directed the State to immediately implement the suggestions in the TISS report.

In response to the court's earlier direction regarding the implementation of the Right of Children to Free and Compulsory Education Act, 2009 and the Rules framed thereunder, the Court today observed that there is substantial compliance of the same by the state government.

“As far as direction with regard to the counselling of the child is concerned, there seems to be substantial compliance made by the state govt.”, Justice Oka said.

Previously, the Court had expressed dissatisfaction with the UP Police investigation

Advocate-on-record Mr. Shadan Farasat appeared for the Petitioner

AAG Ms. Garima Prashad, AAG appeared for the Respondent-State of UP.

Case Details: Tushar Gandhi v. State of Uttar Pradesh, Writ Petition (Criminal) No. 406 of 2023