On Tuesday, the High Court of Allahabad said the victim of the Hathras gang-rape & murder was entitled to a decent cremation in accordance with her religious customs, which "essentially are to be performed by her family". The Lucknow bench has taken suo moto cognisance in the case of the alleged gangrape & death of the Dalit woman in Hathras by 4 upper-caste men.
The UP Police had "cremated" the body of the victim in the dead of the night, in the family's absence, leading to outrage & protests across several states.
The Bench observed that "Action of state authorities, in name of law & order situation, is prima facie an infringement upon human rights of victim & her family. She was entitled to decent cremation in accordance with her religious customs which essentially are to be performed by her family".
The Court, in its detailed order issued on Tuesday after the hearing on Monday, said the larger issue which this incident raises impacts such rights of other residents of the entire state. The Court, referring to precedents, observed that the right to dignity & fair treatment enshrined under Article 21 of the Constitution is not only available to a living person, but also to his/her body after death.
The Court order said that "no one should indulge in character assassination of the victim just as the accused should not be pronounced guilty before a fair trial".
Additional Director General (Law & Order) Prashant Kumar was pulled up for his comments where he suggested that the rape didn't happen. The Court questioned him on this, & asked whether the investigation was concluded & if Kumar had read through the new rape law of 2013.
The Court had earlier reminded the Police about the rape laws, which accept a dying declaration from an assaulted woman as a fact.
The Bench added that "Facts, as of now, ex facie, reveal that decision to cremate the victim in the night without handing over the body to the family or their consent was taken jointly by administration at the local level & was implemented on the orders of DM, Hathras".
The bench has ordered for the suspended Hathras SP Vikrant Veer to appear before the bench in the next hearing, scheduled for Nov 2.
The Court has also ordered the state administration to ensure the security of the victim's family. It also said that any investigation or inquiry, being carried on either by an SIT or any other agency, should be kept confidential & no report is leaked to the public.
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