Jahanvi Agarwal
Expressing “significant concerns” regarding the investigation into an incident where a seven-year-old boy was reportedly slapped by fellow students under the direction of their teacher in a private school in Uttar Pradesh’s Muzaffarnagar district, the Supreme Court has ordered that a senior IPS officer supervise the inquiry.
The bench, consisting of Justices A S Oka and Pankaj Mithal, observed that the FIR was filed “after a substantial delay” and pointed out the absence of certain allegations made by the boy’s father in the FIR. The court noted that the initial report was non-cognizable, but the FIR was only registered “after a substantial delay” and it questioned the lack of a video transcript in the FIR.
The court emphasized that the investigation should be carried out by a senior IPS-level officer nominated by the State Government within a week and that the officer should determine whether certain legal provisions should be invoked.
The case involves various aspects, including issues related to the Right to Education (RTE) Act and the quality of education. Justice Oka expressed the court’s distress, particularly over a teacher instructing students to harm a classmate based on their community affiliation, and questioned whether this could be considered quality education.
The court stressed that the state holds responsibility for the child’s education and stated that if the allegations are accurate, it might be one of the most severe forms of physical punishment imposed by a teacher.
The Additional Solicitor General representing the state claimed that the communal aspect of the incident was being exaggerated, but the court argued that the transcript supported the allegations and cautioned against downplaying the incident.
The court also inquired whether the state had appointed professional counsellors for the victim child and the children instructed to harm him, emphasizing the need for professional counseling. It requested information regarding the protection afforded to witnesses and the child.
The court highlighted that under the rules established by the UP government under the Right to Education Act, the local authority is obligated to ensure that no child experiences caste, class, religious, or gender-based abuse or discrimination in school. It asserted that religious abuse has no place in a school.
The court was addressing a petition filed by social activist Tushar Gandhi. Although the UP government objected to the petitioner invoking his status as the great-grandson of Mahatma Gandhi, the court insisted that it could treat the matter as a Suo Motu proceeding and underscored that the state should not be concerned with the petitioner’s standing, as this case involved a failure to initiate the criminal law process and a violation of fundamental rights and the RTE Act.
Case Name: Tushar Gandhi v. State of Uttar Pradesh and Ors.
Diary Number: 406/2023
Bench: Justices A S Oka and Pankaj Mithal