The Supreme Court heard a petition on Wednesday (September 6) seeking action against a school teacher in Muzaffarnagar, Uttar Pradesh, who allegedly encouraged students to slap a fellow Muslim classmate as punishment. The case, titled Tushar Gandhi vs State of Uttar Pradesh and ors, was brought before a bench comprising Justices Abhay S Oka and Pankaj Mithal. Mahatma Gandhi's great-grandson had moved the Supreme Court over an Uttar Pradesh teacher asking students to slap a Muslim classmate, Bar and Bench reported.


In response to Tushar Gandhi's petition, the apex court has directed the Uttar Pradesh government to respond. Furthermore, notices have been sent to the Central Government, the Central Board of Secondary Education (CBSE), and the Council for the Indian School Certificate Examination, with responses due by September 25.


The bench has also directed the district Superintendent of Police to submit a report outlining the status of the ongoing investigation and the steps taken to protect the victimised child, the report said. 


As per the report, the petitioner requests an impartial and timely investigation into the incident, as well as proactive school measures to address violence against children, particularly those from religious minority communities. Furthermore, the petitioner urged the Court to order that the State police file a criminal case, invoking all relevant criminal law provisions, and take all necessary actions, including the possible arrest of the implicated school teacher, it added. 


The private school at the center of this controversy, located in Khubbapur village in the district, has been sealed following the incident. The accused teacher, Tripta Tyagi, allegedly made derogatory remarks about the boy's faith while instructing classmates to physically harm him. The incident, recorded on video, quickly spread on social media platforms.


The National Commission for Protection of Child Rights has already directed the Uttar Pradesh Police to file a First Information Report (FIR) against Tyagi. The child rights body has also sought responses from the respective District Magistrate and Superintendent of Police.


The National Human Rights Commission (NHRC) has taken suo motu cognizance of the incident and has requested responses from the state of Uttar Pradesh and the state's Director General of Police.


Tripta Tyagi has been charged under Sections 323 (causing hurt) and 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code, as reported by the Indian Express. However, she has not been arrested thus far.


Meanwhile, Tyagi released a video statement asserting that while she may have made an error, there is no communal aspect to the incident. The petition before the Supreme Court has been filed through advocate Shadan Farasat and drafted by advocate Mreganka Kukreja.