UP student slapping case: SC issues notices to state government, CBSE

The Supreme Court sent a notice to the Uttar Pradesh government seeking its response to the writ petition filed by Mahatma Gandhi's great grandson Tushar Gandhi, against the Muzaffarnagar school teacher who was seen urging her students to slap their Muslim classmate in a video that went viral. The notice is returnable on 25 September.

A bench of justices Abhay S Oka and Pankaj Mithal also issued notices to the union government, the Central Board of Secondary Education (CBSE), and the Council for the Indian School Certificate Examination (CISCE) on the steps taken in the issue.

The Muzzaffarnagar superintendent of police was directed to file a report regarding the investigation in the case and the steps taken to protect the child victim.

The petitioner submitted that the teacher, who has been identified as Tripta Tyagi, principal of Neha Public School, was seen on the video telling the children to hit their Muslim classmate.

The petition filed by Gandhi sought a time-bound and independent probe into the case. The petitioner’s lawyer Shadan Farasat said the petitioner has also sought guidelines and remedial measures to prevent violence against children, especially those belonging to religious minorities.

The petitioner requested the court to direct the state police to ensure that a criminal case is registered by invoking all applicable criminal law provisions and not just for "relatively innocuous" offences. The petitioner also stated that ever since the FIR has been filed, excessive pressure has been mounted on the child’s family to strike a “compromise” and withdraw the case against the teacher.

It has been reported that police have registered a complaint of the boy's family under IPC sections 323 (punishment for voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) — both non-cognisable offences. These are bailable sections, require a warrant, and do not lead to immediate arrest.