Muzaffarnagar POCSO Court Grants Regular Bail To Teacher Accused Of Instructing Students To Slap Muslim Classmate

A Special POCSO Court in Uttar Pradesh's Muzaffarnagar District on Thursday granted Regular Bail to a 60-year-old teacher and principal of Muzaffarnagar's Neha Public School (Tripta Tyagi), who has been accused of asking her students to slap a Muslim student and uttering communal slurs against him.Last month, the Allahabad High Court refused her anticipatory bail and directed her to surrender before the lower court and seek regular bail. Pursuant to that order, Tyagi moved the local court.In its order granting regular bail to Tyagi, the Addl. District & Sessions Judge/Special Judge POCSO Act Alka Bharti considered that Tyagi had been served with a notice under Section 41A CrPC, the charge sheet had been filed before the court, and she had not been arrested during the investigation of the case.The Court also factored in that Tyagi is said to be a 61-year-old woman with a 40 per cent disability and that the alleged offences invoked against her are punishable with a term of imprisonment not less than 07 years. Tyagi, booked under Sections 323, 504, 295(A) I.P.C. and Section 75 of the Juvenile Justice Act, had moved to the local court arguing that FIR against her had been lodged only to give a communal colour to the matter and that she had not done anything that could spread animosity between the two communities and cause any harm to the society. A video of the unfortunate incident went viral on social media last year, sparking significant public outrage. The accused teacher, however, has maintained that the video was doctored and deliberately circulated to "create a Hindu-Muslim issue."She has claimed that, as a handicapped individual, she was unable to get up and, in an attempt to make the student focus on his studies, asked some children to slap him a couple of times.Following the incident, activist Tushar Gandhi filed a public interest litigation (PIL) before the Supreme Court, seeking a proper and time-bound investigation. A detailed background can be seen here.Last week, the counsel for the PIL petitioner, Senior Advocate Shadan Farasat, told the Supreme Court that while Rule 5 of Uttar Pradesh RTE Rules, 2011 exists to protect children against religious discrimination in school, the authorities are not acknowledging the problem and addressing it.The Top court last year noted a “prima facie failure on the part of the State” to adhere to the Right to Education Act and rules, which prohibit the physical and mental harassment of students, and their discrimination based on religion and caste.The court has been monitoring the issue, expressing dissatisfaction with the Uttar Pradesh police's initial investigation and delays in registering an FIR. It ordered a senior police officer to oversee the case and directed the state to ensure compliance with provisions under the Right to Education Act and Article 21A of the Constitution.In previous hearings, the Court has criticized the state government for its approach, including its reluctance to facilitate the victim's admission to a private school under the Central Board of Secondary Education board.The state had argued against the private school admission, citing long-distance travel and socioeconomic differences with other students. However, the court directed the admission and mandated support for the child's educational needs, including counselling by expert organizations like the Tata Institute of Social Sciences.

Muzaffarnagar POCSO Court Grants Regular Bail To Teacher Accused Of Instructing Students To Slap Muslim Classmate

Sparsh Upadhyay

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