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Synopsis

In the suo moto case regarding the Hathras incident (In re: Right to decent & dignified last rites/cremation), the Allahabad High Court was recently informed that the victim's family is experiencing difficulties in leaving their home.

The family's counsel informed the bench of Justices Rajan Roy and Jaspreet Singh that the CRPF personnel, deployed for the family's protection, now demanding the family to arrange a vehicle for any outings. This requirement is financially and logistically burdensome for the family, the counsel urged.

Previously, the CRPF personnel accompanied the family in their own vehicles whenever they needed to go to the market, visit a doctor, or take their children to school, ensuring the family did not travel alone due to security risks.

However, the current demand requires the family to provide a vehicle every time they need to go out, which, while necessary for their security, is financially and logistically challenging, complicating their daily lives.

The counsel further told that till now the family has not been rehabilitated to any other suitable place in any other district of their choice such as Ghaziabad or Noida.

Court took note of the submissions and ordered that 'whatever arrangement were being followed earlier in this regard should be continued, till the court considers this issue'.

Furthermore, on the merits of the issue regarding the cremation which took place in the intervening night of 29-30 September, 2020, the bench said that it wanted to start hearing of the case, however, it appeared that some time was required in this regard by the counsel.

Accordingly, court posted the matter for the next hearing on July 31, 2024 on the main issue.

"In this process, we shall also consider how far our order dated 26.07.2022 has been implemented. If not, the reasons therefore and what action is required in this regard," the bench said. 

In October 2020, the Allahabad High Court took suo moto cognizance of the issue of allegedly forceful cremation of a gang rape victim At 2 Am by UP police in Hathras, UP instead of handing her body to the family.

The matter has been heard extensively by the high court and in the July 26, 2022 order, the high court had directed the State Government to consider employment of one of the family members of the deceased victim.

The trial in the rape and murder case of the victim has already been over and vide judgment dated March 2, 2023 one of the accused, namely, Sandeep had been convicted under Section 304 part-I I.P.C. read with Section 3(ii)(v) of the S.C./ S.T. Act, 1989 but the other three accused had been acquitted.

Case Title: Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremat v. State Of U.P.