Hathras Case: Victim Was Entitled to Decent Cremation, Says HC

The Court has also directed the state administration to make sure that the family of the victim is safe.

Published
India
3 min read
The high court expressed displeasure with the entire incident, as well as with local authorities, for violating the human and fundamental rights of the victim and her kin.
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Lucknow Bench of the Allahabad High Court on Tuesday, 13 October, said that the victim in the Hathras gang rape and murder case was at least entitled to a decent cremation, reported NDTV.

According to LiveLaw, the court expressed displeasure with the entire incident, as well as with local authorities, for violating the human and fundamental rights of the victim and her kin.

Further, according to LiveLaw, the Bench of Justices Pankaj Mithal and Rajan Roy pointed out that India follows “the religion of humanity.”

“… the above facts and circumstances, as of now, ex facie, reveal that the decision to cremate the victim in the night without handing over the body to the family members or their consent was taken jointly by the administration at the local level and was implemented on the orders of the District Magistrate, Hathras. This action of the State Authorities, though in the name of law and order situation, is prima facie an infringement upon the human rights of the victim and her family.”   
Allahabad HC Bench, on Hathras Case

According to ANI, the court has also directed the state administration to make sure that the family of the victim is safe and no harm is caused to them.

The court also deprecated Prashant Kumar, ADG (Law and Order), for saying that no rape had taken place in the Hathras case, even though he was not directly involved in the probe, which, on its part, is still pending, reported Leaflet.

MIDNIGHT CREMATION: WHAT DID THE VICTIMS KIN SAY?

According to Live Law, victim's kin told the Bench that a midnight cremation was carried out, even though they had insisted on doing it in the morning. They also told the court that none of the immediate family members were part of the midnight cremation.

WHAT DID LOCAL ADMINISTRATION SAY ABOUT THAT?

The local administration, however, said that the body had to be cremated quickly to prevent the incident from being painted in a political colour.

MORE DETAILS

The court, according to Live Law, has asked the Additional Chief Secretary (Home) to formulate a draft policy by the next date of hearing, in order to make sure that there are proper guidelines that may prevent such incidents from taking place in the future.

According to NDTV, the court further said that neither should anyone indulge in character assassination of the victim, nor should they pronounce the accused guilty before a fair trial.

The Court also, according to ANI, said that facts so far reveal that the decision to cremate the body without the family’s consent was taken jointly by administration at local level and was implemented on the orders of DM Hathras.

Further, the Court has asked the then Hathras SP Vikrant Vir and District Magistrate Praveen Kumar Laxkar to file their respective affidavits in the matter.

“We’d like to hear the then Hathras SP, Vikrant Vir on the next date. It is open for the then Hathras SP, Vikrant Vir and District Magistrate Praveen Kumar Laxkar to file their respective affidavits containing their versions in the matter.”   
Allahabad HC Bench, on Hathras Case

According to Leaflet, the court asked media and political parties to express their views in a manner that neither disturbs social harmony nor infringes upon rights of the victim's family and that of the accused.

The bench also said, according to ANI: “Inquiry/investigation being carried on, either by SIT or any other agency, be kept in full confidentially and no report is leaked in public.”

(With inputs from NDTV, ANI, Leaflet and Live Law)

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