Hathras Incident: Cremating victim’s body at night ‘infringement’ of her human rights, says Allahabad HC

Lucknow (Uttar Pradesh): The decision of cremating the Hathras victim’s body in the night is an “infringement” of her human rights, said Allahabad High Court on Tuesday (October 13).

The Bench, which took suo moto cognizance of the Hathras incident and heard the case on Monday, said that the victim was at least entitled to decent cremation in accordance with her religious customs and rituals which essentially are to be performed by her family.

“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,” the Bench stated in its order.

The High Court directed the state administration to ensure the security of the victim’s family so that no harm is caused to them.

“Inquiry/investigation being carried on, either by SIT or any other agency, be kept in full confidentially and no report is leaked in public,” it said.

The next date of hearing in the matter is on November 2, 2020.

“We would 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,” the Bench said.

The 19-year-old had succumbed to her injuries at Delhi’s Safdarjung Hospital on September 29 after being assaulted and allegedly gang-raped in Uttar Pradesh’s Hathras on September 14.

On October 1, the Lucknow bench of Allahabad High Court has taken suo moto cognizance of the Hathras incident and has sought response from state DGP and other senior officials.