Introduction:

In a case that has captured national attention, the Supreme Court addresses a public interest litigation (PIL) filed by activist Tushar Gandhi regarding the Muzaffarnagar student slapping incident. The bench of Justices Abhay S Oka and Ujjal Bhuyan expresses dissatisfaction with the state government’s response, emphasizing the need for a proper and time-bound investigation. The case involves a primary school teacher instructing students to slap their Muslim classmate, sparking outrage when a video of the incident went viral in August.

Arguments:

Activist Tushar Gandhi, represented by Advocate Shadan Farasat, seeks a thorough investigation into the incident, emphasizing the importance of implementing recommendations by the Tata Institute of Social Sciences (TISS) for the victim’s counseling. The state government’s response is criticized as inadequate, prompting the court to encourage written suggestions from the petitioner for consideration. The court also addresses concerns regarding the victim’s schooling, questioning the government’s reluctance to facilitate admission to a private school and highlighting the socio-economic differences raised by the state.

Court’s Judgement:

The Supreme Court criticizes the state government’s handling of the case, pointing out a prima facie failure to adhere to the Right to Education Act and rules. The court emphasizes the need for a comprehensive investigation and urges compliance with TISS recommendations. It dismisses anticipatory bail concerns and sets the next hearing for February 9, allowing written suggestions for implementation of TISS recommendations. The court’s focus remains on ensuring justice for the victim and upholding educational and constitutional norms.