The Supreme Court has issued notice in a plea filed by a 14-year-old boy who was expelled from an ICSE school in Indore for allegedly creating and operating a private Instagram account used to circulate offensive memes about teachers.
A bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan passed the order and permitted the minor to approach the Court, listing the matter for further hearing on February 13.
The allegations against the student were that he, along with two other friends, had circulated memes that were considered offensive to members of the teaching staff. Following the incident, the school discontinued him from attending further classes.
Appearing for the petitioner, Advocate Nipun Saxena argued that the penalty imposed was wholly disproportionate to the alleged misconduct. He submitted that the misconduct had not even been conclusively proved against the boy, and that the courts below proceeded on the assumption that he was responsible for sharing the memes.
Saxena further contended that criminal intent or mens rea could not be attributed to a 13-year-old child, and warned that such an approach could lead to schools being given unchecked powers to surveil students’ mobile devices.
It was also argued that the High Court, while noting that the child had expressed contrition, nonetheless upheld the action on the ground that a strong message needed to be sent to society. Counsel submitted that, with respect, mens rea could not be imputed to a child of such age.
During the hearing, Justice Bhuyan remarked that children often learn such behaviour from their surroundings and that memes with communal overtones should not be encouraged. In response, counsel submitted that the account in question was private and operated by at least three children, all of whom had been expelled, though only this child had approached the Supreme Court.
The matter will now be taken up on February 13.
Appearances:
Petitioner: Adv Nipun Saxena; Astha Sharma
