Supreme Court tells UP govt to fund education of Muslim student slapped in school

The Supreme Court on Wednesday directed the Uttar Pradesh (UP) government to take care of the schooling expenses of the Muslim child from Muzaffarnagar who was slapped by his classmates at their teacher's behest in 2023 [Tushar Gandhi vs State of Uttar Pradesh and ors]..A Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan said that though the State can also convince the school to cover the expenses, the primary responsibility of meeting such educational expenditure would be with the government."It is the obligation of the State government to pay for tuition fees, cost of uniform books, etc. and transport charges of the child till he completes his school education," the Court ordered. .The Court was hearing a plea filed by Tushar Gandhi, the great-grandson of Mahatma Gandhi, seeking action against a school teacher named Tripta Tyagi for allegedly goading students to slap the Muslim student.Tyagi had allegedly made derogatory remarks about the Muslim student's religion and instigated classmates to beat him.The incident had sparked outrage after a video of the child being slapped went viral on social media. The student was later shifted to a different school..Gandhi had sought a time-bound and independent probe into the matter as well as measures to address violence against students from religious minorities.In October 2023, the Uttar Pradesh government told the Supreme Court that the school teacher would face criminal charges under Section 295A (deliberate and malicious acts that are intended to outrage religious feelings) of the Indian Penal Code (IPC). She later surrendered before a court and was granted bail..Last year, the Supreme Court had suggested that the State find a sponsor to cover the schooling expenses of the student. Today, Senior Advocate Shadan Farasat, representing Tushar Gandhi, submitted that the State had failed to ensure that the tuition fee and expenses for the child's school uniform were covered."It is embarrassing for them. It’s the State’s responsibility to directly pay to the school," he submitted.In response, the State said that Syed Murtaza Memorial Trust had offered to pay for the student. "We can file an affidavit placing it on record. The trust will pay directly to the school," the State's counsel said. However, the Court today clarified that the State has the primary responsibility to pay for the child's education till he finishes his schooling."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. It will be open to the State to persuade the school authority to make the payment," it said..The matter will be taken up for hearing next on October 17..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.