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In September 2020, a 19-year-old Dalit woman was allegedly gang-raped in Hathras district, Uttar Pradesh. After her death, the victim was forcibly cremated by the police without the consent of her family, a claim denied by the police
The Supreme Court today issued notice in a plea seeking a direction to relocate and rehabilitate the family of the deceased victim of the Hathras gang-rape incident, outside the state of Uttar Pradesh, preferably to Delhi.
A bench of CJI DY Chandrachud with Justices Pardiwala and Manoj Misra has issued notice on the plea by Satendra Kumar.
Instant SLP has been filed against the order of the Allahabad High Court passed in July last year, wherein it had directed the relocation of the families of the deceased, within the State under section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (‘Act 1989’) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (‘Rules 1995’).
Filed through Advocate Adeel Ahmed, the SLP seeks relocation and rehabilitation outside the state, preferably Delhi considering the inhuman treatment and socio-economic deprivation of the victims and witnesses within the state.
Furthermore, citing the recent acquittal of three accused in the case by a UP Court, who are otherwise members of the dominant community, the plea submits that victim's family may further face untoward social ramifications on account of belonging to a certain socially and economically prejudiced community.
Notably, an SC/ST Court in Uttar Pradesh in March this year had sentenced the prime accused in the Hathras gang rape and murder case to life imprisonment. The main suspect Sandeep Thakur was convicted of culpable homicide not amounting to murder (Section 304 IPC) and offences under the SC/ST, however, the three other accused namely Ravi, Luv Kush, and Ramu were acquitted.
The case came to the limelight in September 2020 after the allegedly forceful cremation of the gang rape victim At 2 Am by Uttar Pradesh Police and administration instead of handing her body to the family.
The victim was allegedly gang-raped and attempts had also been made to kill her. A few days later, the victim succumbed to her injuries at Delhi's Safdarjung Hospital. Later, the case was transferred to the Central Bureau of Investigation (CBI).
The matter also reached the high court when the Allahabad High Court, in October 2020, took suo moto cognizance of the issue and a PIL was registered pertaining to deceased's right to decent & dignified last rights/cremation.
After the incident, the State Government made an announcement of Rs. 25 Lakhs to be given to the deceased girl's family. However, the high court examined the issue of all four reliefs- basic pension, employment to one family member, provision of agricultural land, and a house to the deceased victim’s family as per the SC/ST (Prevention of Atrocities) Rules,1995.
Conclusively, on July 26, 2022, the high court directed the State Government to consider employment of one of the family members of the deceased victim and regarding the relocation of the family, Court directed the State to consider it too and take a decision within 6 months.
Case Title: Satendra Kumar and Ors vs. State of Uttar Pradesh and Ors.
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