In a significant development, the Supreme Court has directed the Uttar Pradesh government to bear the complete educational expenses of a minor boy who was the victim of the Muzaffarnagar student slapping incident of 2023.
A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan emphasized that the state government is primarily responsible for covering the costs of the child’s education, including tuition fees, uniform, books, and transport charges, until he completes his school education.
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"We make it clear that as indicated in our earlier orders, it is the obligation of the state government to pay for the tuition fees, cost of uniform, books, etc., and transport charges of the child till he completes school education," the Supreme Court stated.
The Court's decision came during a hearing on a Public Interest Litigation (PIL) filed by activist Tushar Gandhi, which raised concerns about the Muzaffarnagar incident and the effective implementation of the Right to Education Act, 2009.
Background of the Incident
The case revolves around an incident in August 2023, where a viral video showed a teacher, Tripta Tyagi, instructing students to slap a seven-year-old Muslim boy and allegedly making derogatory remarks about his religion. This incident sparked widespread outrage, leading to legal intervention.
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In response to the PIL, the Supreme Court reiterated that while charitable organizations can offer help, the final responsibility remains with the state government.
"It is for the state to take assistance of any charitable trust or charitable institution for the purposes of payment of aforesaid amounts. We again clarify that the primary responsibility of meeting this expenditure is of the state," the Court emphasized.
On November 10, 2023, the Uttar Pradesh government assured the Court that the child would be admitted to another private school in Muzaffarnagar, with all expenses covered under a state scheme. However, during the latest hearing, Senior Advocate Shadan Farasat, representing the petitioner, highlighted that the child’s tuition fees for the last semester were unpaid, and the family faced financial difficulties.
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Farasat stated, "The child's family, being agriculturists, cannot bear the financial burden and are subjected to embarrassment due to delayed payments."
The Court also learned that a charitable trust had come forward to provide some assistance. However, Justice Oka noted that this was a temporary solution, clarifying that the state must ensure payment if the trust fails.
In addition to addressing the financial issue, the Court emphasized the importance of inculcating constitutional values like equality, secularism, and fraternity in students. It also directed the state to ensure that all schools in Uttar Pradesh inform parents about grievance redressal mechanisms under Section 17(1) of the Right to Education Act, which prohibits the physical or mental harassment of children.
"The objective of providing quality education under the RTE Act cannot be fulfilled without efforts to instil these values," the Court observed.
The Supreme Court ordered the state to forward its communication regarding grievance mechanisms to all recognized schools in Uttar Pradesh, ensuring that parents are aware of how to address violations.
