The Supreme Court today remarked that the ultimate objective of imparting quality education to children is to ensure that they become good citizens who are aware of ethos and values of the Constitution of India. The Court made the remark while hearing a Writ Petition filed by activist Tushar Gandhi in the wake of an incident where a child in Muzaffarnagar was assaulted by his classmates on the instruction of their teacher.

A two-Judge Bench comprising Justice Abhay S. Oka and Justice Augustine George Masih said, "The state cannot ignore the fact that the ultimate object of rendering quality education is to ensure that children become good citizens who are aware of the ethos and values of Constitution of India. The state needs to concentrate on this aspect especially when we have completed 75 long years of existence of our Constitution."

Senior Advocate Shadan Farasat appeared for the Petitioner while Senior Advocate Garima Prashad appeared to the State of Uttar Pradesh.

Referring to an earlier Order made in the case, the Bench said, "In our Order, we had observed that the object of the Act is to provide quality education. Unless there is an effort made to inculcate the importance of Constitutional values in the students, especially the core values of equality, fraternity and secularism, there cannot be any quality education."

On the implementation of Section 17(1) of the Right of Children to Free And Compulsory Education Act, 2009, which prohibits subjecting children to physical and mental harassment, the Bench said, "We do not see any directions given by the state government to all the schools to strictly implement Section 17(1) of the Act. What the state has pleaded in the affidavit, some kind of grievance redressal mechanism is available to the parents in case of violation of Section 17(1) of the said Act, the issue is in what manner the availability of grievance redressal mechanism will be informed to the parents. Unless the parents are made aware of the mechanism, the same will remain on paper. The State needs to take further steps on this aspect."

The Court also noted Rule 5(3) of the Rules Uttar Pradesh Right of Children to Free and Compulsory Rules, 2011, which it is lays that no child shall be subjected to caste, class, religious or gender abuse or discrimination in the school, and ordered that it "needs implementation". The Court granted the state government six weeks to file a compliance affidavit on the implementation on this provision and the one prohibiting physical and mental harassment.

During the course of the hearing, Justice Oka asked the counsel appearing for Uttar Pradesh whether the state education department had issued any directions to schools on the aspect of physical punishment. The counsel pointed to a circular issued in August this year by the Director General of School Education. This circular, the counsel stated, that lists the punishments are prohibited to be meted out to school children.

"But where is the direction given to schools in terms of Section 17(1)?... In no uncertain terms, these instructions had to be issued." Justice Oka asserted. On the Muzaffarnagar incident, Justice Oka commented, "This may be the tip of the iceberg. One incident brought to the notice about physical punishment given."

The counsel for the state mentioned that the RTE Act provides for redressal of grievances relating to the rights of a child under the Act by making a written complaint to the local authority having jurisdiction. "How will the parents know this mechanism is available?" Justice Oka asked, emphasising it needs to be widely publicised.

Cause Title: Tushar Gandhi v. State of Uttar Pradesh And Ors. [W.P.(Crl.) No. 406/2023 PIL-W]

Justice Abhay S. OkaJustice Augustine George Masih

Tushar Kohli