The Division Bench of the Allahabad High Court comprising Justices Rajan Roy and Jaspreet Singh in the case of Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremat v. State Of U.P.& Ors has reserved the order for the question of entitlement of benefits to the family members of the victim of Hathras Case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Reasoning and Decision of the Court
The court was hearing the issue related to the question as to whether the victim's family is entitled to any benefit under the Rule 12 (4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules of 1995.
The Amicus Curie has informed the Court that some members of the victim's family i.e. the brother, his wife and the father met him today in his chamber and apprised him that on account of the insecurity which they feel at Hathras and the deprivation, they are unwilling to be provided any employment or house in Hathras as was offered by the State, that too a provide job, instead on account of the fact that there is an extended family and relatives residing at Noida, they would desire their re-allocation to Noida and job also at Noida.
He also informed the Court that family was also of the view that if a government job is provided to the elder brother at Noida then the father would also explore possibility of getting a private job there itself an employment opportunities in this regard are far better than at Hathras where such opportunities are very limited rather negligible.
Therefore the Court reserved the order and posted the matter on 28.04.2022 for next hearing. The court also pointed out that the deliberations is going on a scheme placed on record by the State Government with regard to the procedure to be followed in future by the State-Authorities in matters involving similar circumstances as the one which led to the incident of cremation of the victim in the dead of the night or in the wee hours before sunrise.
Case Details
Case: - PUBLIC INTEREST LITIGATION (PIL) No. - 16150 of 2020
Petitioner – Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremat
Respondent - State Of U.P. Thru Additional Chief Secretary Home And Ors
Judge: Justices Rajan Roy and Jaspreet Singh
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