SC berates UP government for not providing counselling to Muzaffarnagar hate crime victim child

A Bench comprising Justices Abhay S. Oka and Pankaj Mithal described the conduct of the UP government as "shocking". It has summoned the principal secretary of the education department to appear before it on December 11.

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ON Friday, the Supreme Court came down heavily on the Uttar Pradesh (UP) government for failing to provide counselling and admission to a child who was assaulted by his classmates at the direction of their teacher on the basis of the child's religion in Muzaffarnagar.

A Bench comprising Justices Abhay S. Oka and Pankaj Mithal described the conduct of the UP government as "shocking". It has summoned the principal secretary of the education department to appear before it on December 11.

The Bench warned the secretary to personally look into the matter and ensure that the court's Orders are duly complied with otherwise strong action by the court would follow.

The Bench also appointed the Tata Institute of Social Sciences (TISS) to suggest the mode and manner of extending counselling to the students adding that it would also  suggest the names of expert child counsellors who can extend counselling under the supervision of TISS.

On September 25, while hearing a petition filed by Tushar Gandhi, the Bench had observed that the victim had undergone trauma.

It had thus directed the state government to ensure that proper counselling is extended to the victim through an expert child counsellor.

The Bench had also directed that the other students who were involved in the incident, in the sense that they allegedly followed the mandate issued by the teacher and assaulted the victim, also needed counselling by an expert child counsellor.

In addition to this, the Bench had also directed the government to make proper arrangements for providing quality education to the victim in terms of the provisions of the Right of Children to Free and Compulsory Education Act, 2009. However, no concrete action was coming to the fore from the state government, which has led the Bench to summon the secretary on December 11.

Earlier, the state government had informed the Bench that Section 295A of the Indian Penal Code, 1860 had been applied against the teacher. It was stated that the investigation had been completed and the government's sanction for applying Section 295A of the IPC was awaited.

On August 25, a video in which a teacher at a Muzaffarnagar school made communal remarks and provoked the students to beat their Muslim classmate went viral.

In this apparent case of hate crime, a first information report (FIR) was subsequently registered by the Uttar Pradesh police under Sections 323 and 504 of the IPC.

Click here to read the Order.