Top Court dismisses UP Govt's challenge to HC's direction to relocate Hathras victims' family, give job to one family member

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The victim girl's family had approached the High Court seeking reliefs under various schemes provided for the prevention of atrocities against Scheduled Castes and the Scheduled Tribes and which were also promised to them by the head of the state after the unfortunate incident.

"You should not challenge such orders..", observed CJI DY Chandrachud, while dismissing the Uttar Pradesh government's petition challenging the Allahabad High Court's order directing relocation of the Hathras gang rape victim's family and employ one of the family member of the deceased victim under the Government or Government Undertaking.

AAG Garima Parshad, appearing for the State of UP, told the bench also comprising Justices Narasimha and Pardiwala that the deceased's family sought to be relocated to Delhi/Noida.

Court was further told that whether elder married brother of the victim could be a "dependent" was a question of law.

The bench refused to accept these submissions while asking the AAG to not challenge such orders.

In July last year, the Allahabad High Court had directed the State Government to consider employment of one of the family member of the deceased victim under the Government or Government Undertaking commensurate with the qualification possessed by them.

Regarding the relocation of the family, Court had directed the State to consider it too and take a decision within 6 months. 

"The reason we are directing the State to consider this relocation instead of directing the family members to approach the Special Court under Section 15-A(6)(d) is that.....there is no reason as to why we should make the family members, who belong to downtrodden class, run to the Court and engage themselves in proceedings before it when the State has not yet considered their request for relocation", a bench of Justices Rajan Roy and Jaspreet Singh had said.

The District Magistrate, Hathras had also been ordered to to look into the request by the family members on a representation regarding reimbursement of traveling and maintenance expenses to witnesses, including the victims of atrocities, during the investigation and trial of offences under the SC/ST Act.

Case background:

On October 1, 2020, the High Court took suo moto cognizance of the issue of the alleged forceful cremation of a gang rape victim at 2 am by the UP Police instead of handing over her body to the family.