The Supreme Court on Friday pulled up the Uttar Pradesh government for failing to comply with its orders and appointed Tata Institute of Social Sciences (TISS), Mumbai, to counsel the Muslim child who was allegedly beaten up by his fellow students at the instigation of their teacher at a school in Muzaffarnagar district on August 25.
A bench of Justices Abhay S. Oka and Pankaj Mithal also directed the principal secretary of the state education department to appear before it at the next hearing on December 11 virtually to avoid any “strong orders”.
The bench noted that the Uttar Pradesh government had not complied with the orders passed it on September 25 and November 7 asking the state to provide proper counselling to the child and his fellow classmates and facilitate the child’s admission in a private school.
“We are of the view that the Uttar Pradesh government and in particular the education department has not complied with various orders passed by this court from time to time. There is no proper counselling conducted for the victim child and the other children involved in the incident. To say the least, the approach of the state of Uttar Pradesh as seen from the affidavits filed is ‘shocking’. We therefore appoint Tata Institute of Social Sciences (TISS), Mumbai, to conduct counselling for the child and other children. TISS will also suggest the mode and manner of counselling for the child and other children,” Justice Oka, who headed the bench, said.
The bench was dealing with a PIL filed by Tushar Gandhi, the great grandson of Mahatma Gandhi, seeking action against those responsible for the incident.
The court also questioned the submission of state’s counsel Sanjay Jain that the government had made necessary arrangements for the victim child’s admission in a private school.
“Show us the records that the school has agreed to admit the student. First produce a letter by the school,” the bench told the counsel, who tried to say that the child’s father did not bring him to the school for admission.
“The order was passed on September 25 and now we are in November 10. The students are treated like this in your state and the state remains silent,” the bench observed.
“The government will not do anything without orders from the court. You have to take a stand whether you will do something or want only face-saving measures,” the bench told the state government.
In its written order the court said: “…To avoid any strong action by the court, we hope and trust the secretary education department will personally look into the matter and ensure that the order passed by this court are complied in letter and spirit and affidavits are placed at least three days in advance before the next date.”
It questioned the state government’s argument that an expert team comprising three doctors, a psychiatrist, a nurse and community person had been formed for counselling the children.
“Who are these professionals? Do you think in such a serious incident a nurse or secretary can do the counselling?” the bench asked.
When the court asked why a child psychologist had not been drafted, the counsel said a psychiatrist had been included in the committee.
However, the bench refused to buy the argument, saying: “We expect the state to understand the difference between a psychiatrist and a child psychologist.”
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