Senior Advocate Shadan Farasat told the Supreme Court on Thursday that while Rule 5 of Uttar Pradesh RTE Rules, 2011 exists to protect children against religious discrimination in school, the authorities are not acknowledging the problem and addressing it, Live Law reported.
The top court was hearing a PIL filed by activist Tushar Gandhi concerning the case of slapping Muslim boy in Muzaffarnagar and the implementation of the Right to Education Act, 2009.
The case involves allegations of religious discrimination and physical punishment of a minor Muslim student by a teacher in Uttar Pradesh.
“The second is the issue of religious discrimination. There is a Rule – Rule 5, but they don’t seem to be actually acknowledging the problem. We have to first acknowledge the problem and then deal with it. So, they are not acknowledging it and then specifically dealing with it”, Farasat said, appearing for the petitioner Tushar Gandhi.
Farasat highlighted three key issues in the case. First, the full implementation of Section 12(1)(c) of the Right to Education Act, which mandates that private unaided non-minority schools allocate at least 25 percent of entry-level seats for children from disadvantaged sections. Second issue is about religious discrimination. Third, the chargesheet filed in the case, which Farasat claimed doesn’t seem to invoke the second proviso to Section 75 of the Juvenile Justice (Care and Protection of Children) Act (punishment for cruelty to child) as previously directed by the court.
A bench of Justice Abhay Oka and Justice Augustine George Masih directed Additional Advocate General Garima Prashad of Uttar Pradesh to appear on the next date.
The PIL stems from a viral video showing a teacher, Tripta Tyagi, instructing students to slap a seven-year-old Muslim boy and making Islamophobic remarks. The incident, which occurred in August 2023, led to widespread outrage.
The apex court last year noted a “prima facie failure on the part of the State” to adhere to the Right to Education Act and rules, which prohibit the physical and mental harassment of students, and their discrimination based on religion and caste.
The court has been monitoring the issue, expressing dissatisfaction with the Uttar Pradesh police’s initial investigation and delays in registering an FIR.
