Hathras Gangrape: Allahabad High Court Takes Suo Motu Cognizance of Victim's Cremation by UP Police

Horrific gang-rape incident in Hathras district makes Allahabad HC take note

The gang-rape and pre-dawn cremation of a 19-year old Dalit woman who succumbed to her injuries in Uttar Pradesh's Hasrat village sent shockwaves through the nation. Considering the gravity of the situation the Allahabad High Court took suo motu cognizance of the matter. 

"The incidents which took place after the death of the victim on 29.09.2020 leading up to her cremation, as alleged, have shocked our conscience, therefore, we are taking suo moto cognizance of the same," the Bench stated while expressing its shock. 

According to reports, after the rape, the victim's tongue was mutilated to prevent her from disclosing the identity of the perpetrators. Unfortunately, she succumbed to injuries 2 weeks after the gruesome act. In a rather shocking development, the police were reported to have forcefully conducted her cremation at around 2.30 am on the morning of September 30.

It is also alleged that the police did not allow the aggrieved family of the victim to see her even after they requested UP police not to cremate her.

Allahabad HC takes note of the forceful cremation

The Bench of Justices Rajan Roy and Jaspreet Singh took serious note of the reports that indicated that the body of the victim was forcefully cremated without the consent of her family.

The High Court order stated,

"... we are inclined to examine as to whether there has been gross violation of the fundamental rights of the deceased victim and the family members of the victim; whether the State Authorities have acted oppressively high handedly and illegally to violate such rights as if it is found to be so, then, this would be 9 a case where accountability will not only have to be fixed but for future guidance also stern action would be required."

The Court also added,

"The matter before us, of which we have taken suo moto cognizance is of immense public importance and public interest as it involves allegation of high handedness by the State Authorities resulting in violation of the basic human and fundamental rights not only of the deceased victim but also of her family members. As it is, the deceased victim was treated with extreme brutality by the perpetrators of the crime and what is alleged to have happened thereafter, if true, amounts to perpetuating the misery of the family and rubbing salt in their wounds."

The High Court noted that while the Police authorities later insisted that the cremation had been done with the family's consent. A few leaked videos and media interviews with the family of the victim suggested otherwise.

Dead have a right to be treated with fairness and dignity: Allahabad HC

Allahabad HC pointed out that it is settled principle of law that even the dead have a right to be treated with fairness and dignity. The same was laid down in cases such as Parmanand Katara v. Union of India, Ramji Singh @ Mujeeb Bhai v. State of UP and others, and Pradeep Gandhy v. the State of Maharashtra.

Given this position, the High Court has emphasized that if the allegations of forced cremation are found to be true,

"... it would be a case of gross violation of basic human and fundamental rights enshrined under Article 21 and Article 25 of the Constitution of India in a most blatant and uncalled for manner, something which is absolutely unacceptable in our country governed by Rule of Law and the Constitution."

Allahabad HC takes Suo moto cognizance 

The Court directed the Senior Registrar of the Court's Bench at Lucknow to register a suo motu Public Interest Litigation with the title In Re: Right to decent and dignified last rites/cremation and place it before the appropriate Bench having jurisdiction to hear Public Interest Litigation matters.

State functionaries to be present at the hearing 

The case has been listed to be taken up on October 12. The Court has directed the family members of the victim to be present to further ascertain the facts. Additional Chief Secretary/Principal Secretary (Home), Director-General of Police, Additional Director General, Hathras District Magistrate, and Hathras Superintendent of Police are the State functionaries that have been summoned to put forth their version of the case with supporting material and to appraise the Court regarding the status of the investigation on the next hearing date.