SC Requests Decision From Uttar Pradesh Govt. Regarding Permission To Sue Teacher Associated With Slapping Incident

The Uttar Pradesh government was ordered by the Supreme Court on Monday to determine as soon as possible whether to allow the prosecution of a school teacher who is suspected of telling her pupils to smack a Muslim classmate who hasn’t finished his homework.

The top court was informed that Tripti Tyagi, the school teacher, has been charged under section 295A of the Indian Penal Code, which deals with intentional and malicious acts intended to offend any class by disparaging its religion or religious beliefs, as well as section 75(2) of the Juvenile Justice (care and protection of children) Act, 2015 (JJ Act).

Section 75 of the JJ Act has a second proviso that deals with the crime of assault or abuse of a child, inflicting minor undue mental or bodily pain, committed by any employee of an organization that is charged with the child’s care and protection.

After reading the affidavit submitted by the Inspector General of Police of Meerut Range, a bench of Justices Abhay S. Oka and Pankaj Mithal issued a judgment stating, “It is stated that the investigation has been completed and government sanction for prosecution under section 295A is awaited.” We order the government to decide on the request for sanction approval as soon as possible.”

“When it comes to the future of the victim child and his welfare, the state cannot treat this litigation as adversarial,” it said.

The great-grandson of Mahatma Gandhi, Tushar Gandhi, filed a request with the highest court asking for a prompt probe into the issue.

Justice Oka cited the victim’s father’s affidavit, which said the youngster was “severely traumatized.”

“We are putting the state to notice that we may consider appointing an expert agency for the purposes of counseling not only the victim but the other children who were involved in the alleged incident,” the judge said.

In representing the Uttar Pradesh government’s home department, it requested that Additional Solicitor General KM Nataraj obtain instructions regarding the availability of a specialized organization such as the Tata Institute of Social Sciences (TISS) or the National Institute of Mental Health and Neurosciences (NIMHANS) that could visit the victim’s village and provide counseling to him and other schoolchildren.

It said that the court will “threadbare” review the state’s affidavits and scheduled a follow-up session for November 6.

In support of petitioner Tushar Gandhi, counsel Shadan Farasat said during the hearing that they have been contacted by the child’s father and have learned that the victim is traumatized and has not wanted to see or connect with anybody since the occurrence.

It is evident that he is traumatized and requires specialized treatment. He said, “I will file an affidavit in this regard,” and added that he would need ongoing counseling at any school to which he is accepted.

The department of education’s attorney said that a committee consisting of three psychologists has been established and that they have visited the child’s house to conduct an examination.

“We have been informed that the child is introverted since the very beginning, and therefore the doctors have requested the child and his parents to come to the counseling center,” he said.

The child’s trauma, according to the bench, is an issue, and the physicians have recommended that he visit the counseling facility.

“Mr. Nataraj, may you please take this instruction? Are there any organizations that actively support youngsters, such as NIMHANS? Just learn that we will assign them the task. The bench said, “We will designate NIMHANS or TISS and ask them to go there and give counseling.”

On September 25, the Supreme Court ruled that if a student is to be punished because he is a member of a certain group, then there cannot be a decent education.

It had chastised the Uttar Pradesh government for conducting a “shoddy probe” into the allegations of a Muslim student in Muzaffarnagar being slapped by his peers on the teacher’s orders.

The UP government was instructed by the top court to designate a senior IPS officer to investigate the issue within a week, expressing dissatisfaction with the incidence.

It had instructed the state government to provide professional counseling to the accused victim and other students engaged in the event, even as it directed the IPS officer to write a report before the supreme court.

The instructor was detained by the Muzaffarnagar Police on charges of inciting her pupils to smack the Muslim youngster and making remarks against the community.

The state education agency also sent a warning to the institution.

The teacher was suspended after it was allegedly captured on camera that she had made a communal comment and asked the pupils in Khubbapur village to smack the youngster in Class 2.