In a momentous turn of events, the Supreme Court, on Wednesday, summoned the Superintendent of Police in Muzzaffarnagar, Uttar Pradesh, demanding a comprehensive report on the ongoing investigation into a distressing incident that recently came to public attention. This incident involved a teacher who was captured in a viral video instructing students to physically harm a fellow student of the Muslim faith.

The order was issued by a panel of judges comprising Justices Abhay S Oka and Pankaj Mithal. This directive came in response to a writ petition presented by the renowned social activist Tushar Gandhi, the great-grandson of the iconic Mahatma Gandhi. The petition, slated for a response by September 25, goes beyond seeking an exhaustive inquiry into the matter; it also calls for the establishment of guidelines within educational institutions designed to prevent violence against children, particularly those from religious minority backgrounds.

The petitioner has brought attention to the disturbing footage that features the teacher, later identified as Tripta Tyagi, audibly encouraging students to inflict physical harm upon their classmate with force. In the video, she can be heard saying, "Maine toh declare kar diya, jitne bhi Mohammedan bachche hain, inke wahan chale jao (I have declared - all these Muslim children, go to anyone's area)..." The footage captures her urging one child to strike another with greater force, emphasizing, "Kya tum maar rahe ho? Zor se maaro na (Why are you hitting him so lightly? Hit him hard).”

Following this deeply distressing incident, an FIR was registered against the school teacher on August 26 under pertinent sections of the Indian Penal Code, which encompass Section 323 (penalty for causing voluntary harm) and Section 504 (intentional insult with the intent to incite a breach of peace). However, the petitioner alleges that ever since the FIR was filed, there has been an escalating push on the victim's family to come to a "compromise" and have the FIR against the teacher expunged.

This development underscores the Supreme Court's unwavering commitment to ensuring justice in this profoundly troubling case and its resolute determination to safeguard the rights and well-being of the victim. The Superintendent of Police has been directed to furnish details regarding the progress of the investigation and the measures instituted to protect the victim.

Case Title: Tushar Gandhi v. State of Uttar Pradesh (W.P. (Crl.) No. 406/2023)