State Did Not Act as Expected: Supreme Court Voices Concern Over Assault on Muslim Child

Mainstream
15-Jan-2024
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In a stern rebuke to the Uttar Pradesh authorities, the Supreme Court expressed dissatisfaction with their response to the assault on a Muslim child in Muzaffarnagar. The case, involving a school teacher allegedly goading students to slap the child, drew attention from a bench of Justices Abhay S Oka and Ujjal Bhuyan.

The Court was informed that the child had been admitted to a new school far from home, violating the Right to Education Act norms. In response, Justice Oka remarked, "All this happens because the State does not do what it was expected to do after this offence."

The bench highlighted broader concerns about the incident's handling and the Act's implementation, urging parties to suggest changes in the Tata Institute of Social Sciences counseling report.

The case, initiated by Tushar Gandhi, Mahatma Gandhi's great-grandson, seeks action against the teacher, Tripta Tyagi, for allegedly promoting the assault on religious grounds. The teacher reportedly referred to the Muslim student's religion while instructing classmates to beat him, an incident captured in a viral video.

The plea calls for an independent probe, and remedial actions against violence targeting religious minority school children, and had the Uttar Pradesh government suggesting charges under Section 295A of the IPC for outraging religious feelings.

The Court had earlier directed counseling for the students and ordered admission to a new school for the victim. Expressing dissatisfaction with the police probe, it mandated oversight by a senior IPS officer.

Advocate Shadan Farasat represented Tushar Gandhi, while Additional Advocate General Garima Prashad appeared for the Uttar Pradesh government. The case stands as a poignant reminder of the need for prompt and effective state intervention in cases of violence against students, particularly those involving religious biases.

Author: Anushka Taraniya

News Writer, MIT ADT University