New Delhi: In a significant move aimed at upholding the rights of religious minority students, the Supreme Court on Wednesday ordered the Uttar Pradesh government to bear all educational expenses of a Muslim child who was publicly humiliated and slapped by his classmates at the behest of a school teacher in Muzaffarnagar in 2023, reported the Hindustan Times.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan observed that while the state may seek assistance from private institutions or trusts, the primary responsibility for the child’s education — including tuition fees, uniform, books, and transport — lies with the government.
The directive came in response to a petition filed by Tushar Gandhi, who demanded action against the accused teacher, Tripta Tyagi, and called for a time-bound, independent inquiry into the incident which had shocked the nation. Tyagi had allegedly made communal remarks and encouraged students to slap the seven-year-old boy based on his religion. A video of the episode, widely circulated on social media, triggered outrage and condemnation.
Gandhi’s counsel, senior advocate Shadan Farasat, argued that despite court orders, the state had failed to ensure the child’s educational expenses were fully covered. The UP government, represented by Additional Advocate General Garima Parshad, informed the court that the child had been transferred to a reputed public school and his costs for one academic year were being covered. A non-profit, Syed Murtaza Memorial Trust, had also volunteered to fund his education for another year.
The bench, however, clarified that such arrangements do not absolve the state of its duty. “It is recorded that the trust will take care for one year. We clarify that the primary responsibility of meeting this expenditure is of the State,” the court stated. “It will be open to the State to persuade the school authority to make the payment.”
Earlier in October 2023, the state had told the court that criminal charges under Section 295A of the Indian Penal Code — pertaining to deliberate acts intended to outrage religious sentiments — had been filed against the teacher. She later surrendered and was granted bail.
The court will next hear the matter on October 17.
