Hathras Crime | Victim's Family Still Not Relocated; CRPF Security Escorts Causing Them Inconvenience, Allahabad HC Informed

The Allahabad High Court has been informed that the family members of the victim in the Hathras gang rape and murder case have not yet been rehabilitated to any other suitable place, despite the court issuing an order for their relocation in July 2022.

A bench of Justice Rajan Roy and Justice Jaspreet Singh was also told that the victim's family faces difficulties in their daily movements due to security requirements.

Given the security risk, the Court was informed that the CRPF personnel accompany the victim's family members wherever they go, whether to the market to purchase something, meet a doctor, or take their children to school.

The bench was also informed that CRPF personnel used to provide transportation for the family earlier. However, now the family is required to arrange their own transportation while still accompanied by CRPF personnel. This new requirement imposes a significant financial and logistical burden on the family, making their lives more difficult.

A submission was also made that the victim's family had not been rehabilitated to any suitable place in any district of their choice, such as Ghaziabad or Noida.

In light of these submissions, the Court directed Deputy Solicitor General Shri S.B. Pandey to seek instructions. The Court further instructed that the previous arrangements regarding the family's transportation should continue until the bench thoroughly considers the issue.

Further, the Court stated that it wanted to begin hearing the case on the merits of the cremation issue on the night of September 29-30, 2020. However, noting that the counsel needed additional time, the Court rescheduled the matter for a hearing on July 31, 2024, to address the main issue as referenced in previous orders.

Additionally, the Court said that it would review the implementation of its order dated July 26, 2022, to determine the reasons for any non-compliance and what further actions are necessary.

Here it may be noted that in its July 26, 2022 order, the Court had directed the Uttar Pradesh Government to consider giving employment to one of the family members of the Hathras Gang rape Victim under the Government or Government Undertaking commensurate with the qualification possessed by them.

The bench further directed the government to consider their relocation to any other place within the State outside Hathras, keeping in mind their social and economic rehabilitation and the educational needs of the children.

Importantly, in August last year, the High Court was told that as per the Hathras Gang Rape and Murder victim's family, the Uttar Pradesh government is yet to comply with HC's July 2022 order of employing one of them (family members) and relocate them to some other place in the state.

The case in brief

These directions have been issued by the bench, which is hearing a Suo-Moto case instituted over the Hathras Rape and Cremation case to examine the right to decent and dignified last rites/cremation.

The Court had taken cognizance of the rape of a 19-year-old girl belonging to the SC community, followed by her cremation in the wee hours of the night, intervening 29/30 September 2020, which appeared to be against the wishes of her family members.

The Court noted that these incidents raised important questions about the fundamental right to a decent burial and the role of State authorities in this regard.

Case title - Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremat vs. State Of U.P. Thru Additional Chief Secretary Home And Ors.

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