Muzaffarnagar Student Slapping Case | 'Uttar Pradesh Govt Failed To Act In Manner Expected After Incident' : Supreme Court

In the latest development in the Muzaffarnagar student slapping case, the Supreme Court on Friday (January 12) orally remarked that the state government had not acted in the manner expected after the incident.A bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing a public interest litigation (PIL) 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.During the last hearing, the court had asked the state government to submit an affidavit on how it intended on implementing recommendations by the Tata Institute of Social Sciences (TISS) regarding the counselling for the victim. In compliance with this direction, the education department has filed an additional affidavit, the bench revealed today. Advocate Shadan Farasat, however, criticised the department's response as 'inadequate'. He said, "I have seen the affidavit. I received it only yesterday. In my respectful submission, it is inadequate."Justice Oka, in response, asked the counsel to send the petitioner's suggestions in writing to Uttar Pradesh Additional Advocate General Garima Prashad. "Whatever your suggestions are, give it to her in writing. If necessary, we will pass an order. Ultimately, we have to ensure that recommendations are substantially complied with. Give your suggestions to her."When asked whether the child was still enrolled in the same school, AAG Prashad reiterated what the State of Uttar Pradesh and its education department said on earlier occasions. These respondents were initially reluctant to facilitate his admission to this private school under the Central Board of Secondary Education (CBSE) board, arguing that there were government schools closer to his place of residence. Even after his admission, the government had raised concerns over the socio-economic differences between the child and his classmates, as well as the distance he had to travel everyday to reach school. During today's hearing, the law officer tried again, "That aspect is done. Although, it is for them to decide. This small child has to travel 28 kms..."In response, Farasat pointed out that the child's father took him to the school everyday because of the quality of the education it offered. Prashad, however, argued that this was contrary to the Right to Education (RTE) Act, which mandates that students of classes I to V should reside within a one kilometre radius of the school and older students belonging to classes VI to VIII within a three kilometre radius."The school that was within this range did this to him," Farasat countered.At this juncture, Justice Oka sharply rebuked the state government, remarking -"All this happens because State does not do what it was expected to do after this offence. The State should be very concerned about the manner in which this incident has happened. Therefore, we have raised other issues also regarding implementation of the act. After going over the recommendations by TISS, we will examine whether other directions have been complied with."Finally, adjourning the hearing until February 6, the bench pronounced, "An additional affidavit has been filed by [the education department] containing suggestions for the implementation of the recommendations made by the Tata Institute of Social Studies. Learned counsel appearing for petitioner, after consulting the parents of the child, is free to give suggestions to the learned counsel appearing for [the State of Uttar Pradesh] on the aspect. List on February 9, when we will hear the parties on the implementation of the recommendations by TISS."What has happened so far?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. Notably, the court also 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 bench remarked that if the allegations were true, it should shock the conscience of the State. It also observed that there cannot be any quality education if a student is sought to be penalised only on the ground that they belong to a particular community.The state government was further asked to provide expert counselling to the victim, as well as the other children involved in the incident, and to...

Muzaffarnagar Student Slapping Case | 'Uttar Pradesh Govt Failed To Act In Manner Expected After Incident' : Supreme Court

Awstika Das

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