Take Decision On Relocation/Rehabilitation Of Hathras Rape Victim's Family By Jan 8: Allahabad HC Directs UP Govt

Update: 2024-12-03 12:15 GMT
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The Allahabad High Court has directed the state government to take a decision by January 8 and apprise the court with regard to the relocation and rehabilitation (at Ghaziabad or Noida) of the family members of the Hathras gang rape and murder victim.

A bench of Justice Rajan Roy and Justice Jaspreet Singh directed the family to make a formal application to the Hathras District Magistrate in this regard. In turn, the Court asked the District Magistrate to decide on the matter as soon as possible and, if necessary, forward the application to the State Government for a final decision.

The direction was issued after the state's counsel, Pranjal Krishna, submitted that a similar issue was currently pending before the Supreme Court, wherein the family has sought relocation to Delhi.

The state counsel further mentioned that the family had not submitted a formal application requesting relocation to Ghaziabad or Noida. However, their counsel, Advocate Mahmood Pracha, made the request for their relocation during the previous hearing on the matter.

In this view of the matter, the Court asked the victim's family to move a formal application before the concerned DM without prejudice to their rights before the SLP pending before the Supreme Court of India. The DM concerned has been directed to either take a decision himself or forward the matter to the State Government for further action.

The court further directed that the decision be communicated to the Court by the next hearing, scheduled for January 8, 2025.

It may be noted that around 2.5 years ago, the High Court directed the government to consider relocating the family to another place within the state, outside of Hathras, taking into account their social and economic rehabilitation and the children's educational needs.

The direction was issued in the 2020 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. 

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