The Supreme Court on Wednesday issued notice to the Superintendent of Police, Muzzaffarnagar (Uttar Pradesh), directing him to file a report by September 25 regarding the status of an FIR registered against a teacher for asking students of a private school in Muzaffarnagar to slap their Muslim classmate.
The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal directed the Muzaffarnagar SP to file report over the status of FIR registered against Tripti Tyagi, teacher at Neha Public School and also about the steps taken to protect the victim.
The Apex Court passed the order on a writ petition filed by social activist and great grandson of Mahatma Gandhi, Tushar Gandhi, in the backdrop of an infamous video that went viral across the country, wherein a school teacher purportedly was seen making communal remarks while egging students to repeatedly hit their fellow classmate, a seven-year old boy belonging to the minority community.
Appearing for the petitioner, Advocate Shadan Farasat contended that the petition further sought guidelines regarding preventive and remedial measures within the school systems to prevent violence against children, including those belonging to religious minorities.
The teacher said in the video at one point, “Maine toh declare kar diya, jitne bhi Mohammedan bachche hain, inke wahan chale jao (I have declared – all these Muslim children, go to anyone’s area)…”
Then, as one child sat down after hitting the boy, the teacher told him, “Kya tum maar rahe ho? Zor se maaro na (Why are you hitting him so lightly? Hit him hard).”
Following the incident, an FIR was registered against school teacher Tripti Tyagi under Section 323 (punishment for causing voluntarily hurt); Section 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code, 1860 (IPC).
The petitioner alleged that ever since the FIR has been filed, there has been a mounting pressure on the child’s family to strike a ‘compromise’ and get the FIR against the teacher expunged.
As per the petition, there should be independent and time-bound investigation of several offences prescribed under IPC including Section 153A (Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) and Section 298 (Uttering, words, etc., with deliberate intent to wound the religious feelings of any person) of IPC.
Further, direction has been sought for investigation of offences under Juvenile Justice (Care and Protection of Children) Act, 2015.
Moving forward, the petitioner has also submitted that there has been a breach of guidelines enumerated in Tehseen S. Poonawalla vs Union of India, (2018) 9 SCC 501, that inter-alia requires the police to ensure that there is no further harassment of the family members of the victims, upon the FIR being lodged.
To support this ground, the petitioner has relied on the case of State of Karnataka vs Praveen Bhai Thogadia, (2004) 5 SCC 684, wherein it was observed “it is inconceivable that there can be social well-being without communal harmony, love for each other and hatred for none.”