The Supreme Court of India on Friday addressed the disturbing incident involving the assault of a Muslim schoolboy in Uttar Pradesh. The victim was reportedly slapped by his classmates at the behest of their teacher, prompting a plea filed by Tushar Gandhi, the great-grandson of Mahatma Gandhi, seeking a swift investigation into the case.

The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, underscored the State's role in managing the aftermath of the offense, stating that the subsequent developments were a result of the government's failure to take appropriate action. The court expressed its concern about the manner in which the incident occurred and raised additional issues related to the implementation of the Right to Education (RTE) Act.

Advocate Shadan Farasat, representing petitioner Tushar Gandhi, was tasked with providing suggestions to the state government regarding the implementation of recommendations made by the Tata Institute of Social Sciences (TISS). TISS had offered guidance on counseling for both the victim child and his classmates involved in the incident.

During the hearing, senior advocate Garima Prashad, representing the Uttar Pradesh government, reported that the state's education department had submitted an affidavit on the implementation of the TISS report. However, Farasat deemed the affidavit "inadequate" and expressed the need to file a detailed response, particularly concerning the implementation of TISS recommendations.

The bench urged Farasat to collaborate with the victim's father and submit written suggestions to the state government, emphasizing the importance of effective implementation. Prashad pointed out the considerable distance the victim child had to travel to his new school, raising concerns about compliance with the RTE Act, which specifies certain radius limits for students' residences based on their class levels.

Farasat responded, noting the absence of quality schools in the vicinity and highlighting that the previous school, within the recommended radius, was responsible for the incident. The child was subsequently admitted to a private school, but concerns about the commute distance persist.

The Supreme Court, having previously directed the state government to facilitate the boy's admission to a private school, emphasized the need to first address the implementation of TISS recommendations before delving into aspects of the RTE Act. The court had earlier criticized the state government for failing to comply with its order to appoint an agency for counseling the victim child.

The incident led to the registration of a case against the teacher, who allegedly made communal remarks against the Muslim boy and instructed his classmates to slap him. The school also received notice from the state's education department. The top court had appointed TISS to suggest an appropriate counseling approach for the child and his classmates involved in the incident.

The court is set to resume the hearing on February 9, 2024.