The Supreme Court on Monday asked the Uttar Pradesh government to decide without delay on giving sanction to prosecute a school teacher who allegedly made her students slap a Muslim boy for not doing his homework.
The court was told that the teacher, Tripti Tyagi, has been booked under section 295A of IPC, which deals with hurting the religious feelings of any class by insulting its religion or religious beliefs, and under section 75 of the Juvenile Justice (care and protection of children) Act, 2015 (JJ Act), which deals with assaulting or abusing a child by any person working in an organisation that is responsible for the child’s care and protection.
A bench of Justices Abhay S Oka and Pankaj Mithal, after going through the affidavit filed by the Inspector General of Police of Meerut Range, said in its order, “It is stated that the investigation is over and government sanction for prosecution under section 295A is pending. We direct the government to immediately take a decision on the request for sanction.” “When it comes to the future and welfare of the victim child, the state cannot treat this case as adversarial,” it said.
The court was hearing a petition filed by Tushar Gandhi, the great-grandson of Mahatma Gandhi, seeking a quick investigation in the case. Justice Oka referred to the statements made in the affidavit of the boy’s father that the child is “severely traumatised”.
“We are putting the state on notice that we may consider appointing an expert agency for counselling not only the victim but also the other children who were involved in the incident,” the bench said.
The bench 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 boy’s village and counsel him and other school children.
The bench later posted the matter for further hearing on November 6, saying that it will examine the affidavits filed by the state in detail. During the hearing, advocate Shadan Farasat, appearing for petitioner Tushar Gandhi, said that they have been contacted by the boy’s father and learnt that the boy is traumatised and does not want to meet or talk to anyone after the incident.
“We see that he needs special counselling. I will file an affidavit on this,” he said, adding that whichever school he goes to, he will need continuous counselling.
The counsel appearing for the department of education said that a committee of three psychologists has been formed and it has visited the boy’s home to assess him.
“We have been informed that the boy is introvert from the beginning and therefore the doctors have asked him and his parents to come to the counselling centre,” said committee.
