The
Supreme Court on Monday ordered the Uttar Pradesh government to immediately
decide on granting sanction to prosecute the school teacher, who was accused of
asking students to slap a Muslim classmate in Muzaffarnagar.
The
Uttar Pradesh government told the apex court that the school teacher would face
charges under Section 295A of the Indian Penal Code (IPC), which deals with
deliberate and malicious acts intended to outrage the religious feelings of any
class by insulting its religion or religious beliefs.
The
apex court was informed that sanction for proceedings in the case under Section
295A of the IPC was awaited from the state government.
A
bench of Justices Abhay S Oka and Pankaj Mithal ordered the state to
immediately take a decision on sanction to prosecute the teacher.
The
top court, after perusing the affidavit filed by the Inspector General of
Police of Meerut Range, said in its order, "It is stated that the
investigation has been completed and government sanction for prosecution under
Section 295A is awaited. We direct the government to immediately take a
decision on the request for the grant of sanction. When it comes to the future
of the victim child and his welfare, the state cannot treat this litigation as
adversarial."
The
apex court was hearing a plea filed by Tushar Gandhi, the great grandson of
Mahatma Gandhi, seeking speedy investigation in the case.
The
bench took note of the affidavit filed by the victim's father that the child is
"severely traumatised.
It
observed, "We are putting the state to notice that we may consider
appointing an expert agency for the purposes of counselling not only the victim
but the other children who were involved in the alleged incident."
The
apex court asked Additional Solicitor General KM Nataraj, appearing for the
Uttar Pradesh government's home department, to take instructions on the
availability of an expert agency like NIMHANS (National Institute of Mental
Health and Neurosciences) and Tata Institute of Social Sciences (TISS), which
can go to the victim's village and counsel him and other school children.
The
top court posted the matter for further hearing on November 6.
It
also directed the state to place on record the detailed guidelines laid down by
the NCPCR about imposing physical punishment on students.
A
case was registered against a teacher in Muzaffarnagar who allegedly encouraged
her students to slap a classmate. The purported video of the incident created
outrage on social media.
The
teacher, Tripta Tyagi, was booked after a video showed her asking her students
to slap a Class 2 boy in Khubbapur village and also making a communal remark.
The
teacher was accused of making communal comments and ordering her students to
slap a Muslim classmate for not doing his homework. The state education department
had also served notice to the private school.
The
FIR was registered against the school teacher under Section 323 (punishment for
causing voluntary hurt) and Section 504 (intentional insult with intent to
provoke breach of peace) of the Indian Penal Code, 1860 (IPC).
The
petition sought direction for a time-bound and independent investigation by the
police and the prescription of preventive and remedial measures within the
school systems in relation to violence against children, including those
belonging to religious minorities.