Supreme Court questions U.P.’s ‘silence’ on core aspects of equality, secularism in schools

Bench was hearing a case linked to slapping of a Muslim boy in Muzaffarnagar by his classmates on the orders of their teacher, who peppered the abuse with communal remarks against the child

The Supreme Court on Thursday (December 12, 2024) questioned the Uttar Pradesh government’s “silence” about ensuring that schools in the State offer quality education to students by inculcating in them core constitutional principles of equality, fraternity and secularism in their campuses.

A Bench headed by Justice A.S. Oka made the observation while hearing a case linked to the slapping of a Muslim boy in Muzaffarnagar by his classmates on the orders of their teacher, who peppered the abuse with communal remarks against the child.

Justice Oka said the State, in its affidavit, had been mum about steps taken to implement Section 17(1) of the Right of Children to Free and Compulsory Education Act of 2009. The Section mandates that no child must be subjected to physical punishment or mental harassment.

The court also pointed out to the Additional Advocate General of Uttar Pradesh, Garima Parshad, that little seems to have been done to implement the State’s own rules against caste, class, religious or gender abuse and discrimination in schools. Ms. Parshad said there were over a lakh schools and six lakh teachers in the State.

“There is no direction from the State government to implement Section 17,” Justice Oka remarked.

Grievance redress mechanism

The court observed that the State should provide an easily accessible grievance redressal mechanism for parents to report a violation under Section 17. Parents ought to be notified of the mechanism or Section 17 would only remain on paper, Justice Oka said.

“State cannot ignore the fact that the ultimate object of quality education is to ensure that children become good citizens and are aware of the ethos and values of our Constitution… The State needs to concentrate on these aspects as we have completed 75 years of the existence of the Constitution,” Justice Oka observed.

The apex court has consistently blamed the State government for its failure to provide a safe environment, recognised schools and qualified teachers for children in accordance with the 2009 Act.

The court had flagged the slapping incident as a “very serious” and direct violation of Article 21A (the fundamental right of a child to free and compulsory education) of the Constitution.

Published - December 12, 2024 11:28 pm IST