Allahabad HC Grants Further 6-Weeks To UP Govt For Decision On Relocation/Rehabilitation Of Hathras Rape Victim's Family

A bench of Justice Rajan Roy and Justice Jaspreet Singh granted more time to the State Government as the bench was apprised that the victim's family had submitted an application in this regard before the State Government on December 02, 2024.

In November 2024, the State Government was directed to make a decision in this regard by January 8. However, on January 8, the State Counsel sought more time from the Court (2 months) as it apprised the bench that a meeting was convened on December 31, 2024.

The bench was also informed that the transfer of the Additional Chief Secretary (Home) and the ongoing Kumbh Mela had added to the administrative constraints in making a concrete decision.

Advocate Mahmood Pracha, representing the victim's family, on the other hand, though objected to this request as he urged the court to direct the State Government to provide a house for the family in Ghaziabad or Gautam Buddh Nagar.

However, the court deemed it appropriate to grant the State Government six additional weeks to take a decision on the matter.

“We are, however, of the opinion that a reasonable time should be given to the State Government for considering the request of the victim's family. We accordingly provide six weeks' time to the State Government for the said purpose,” the Bench observed in its order as it posted the matter for hearing next on February 24.

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.