October 14, 2020 4:40:51 am
A 19-year-old Dalit girl was attacked, allegedly by four upper caste men in Hathras, UP. In photo: Security in the area (Express photo by Vishal Srivastava)
DE Question the police who claim that the 19-year-old Dalit woman from Hathras was not raped to note that her hasty cremation was “prima facie a violation of the human rights of the victim and her family”, the Lucknow Bench of Allahabad High El court has issued a stinging indictment against the police and the administration of Uttar Pradesh.
While Judges Pankaj Mithal and Rajan Roy heard the case on Monday, the order was made available today. The court criticized top officials, including Prashant Kumar, ADG, Law and Order, and Awanish Kumar Awasthi, Additional Senior Secretary of the Interior.
“The guiding principle of governance and administration, after independence, should be to ‘serve’ and ‘protect’ people and not to ‘govern’ and ‘control’ as was the case before independence. The government should present the appropriate procedures as a guide for district officials to deal with such situations, ”the court said.
On the police complaint that the victim was not raped, court 7 said: “We asked Sri Kumar (Prashant Kumar, ADG, Law and Order) if it was appropriate for someone not directly related to the investigation to comment on any evidence related to the alleged crime, especially if the allegation is of rape, or to draw conclusions based on it about whether or not the crime was committed, when the investigation was still pending and said person was not part of the investigation, it was just agreed that it shouldn’t happen. “
“We also asked him if he was aware of the amendments to the law related to the definition of rape from 2013 and that the mere absence of semen during the forensic examination, although it is a factor to consider, would not by itself be conclusive on whether the rape committed or not, if there is other admissible evidence. He said he was aware of the same thing, ”he said.
Citing forensic reports, the police denied that the woman was raped. At a press conference earlier this month, Prashant Kumar, ADG, Law & Order, said: “According to the FSL (forensic science laboratory) report, no semen or sperm secretion was found in the viscera sample. The post-mortem report indicates that the cause of death was due to the trauma caused by the assault. Despite the statements of the officials, misinformation was spread in the media.
The woman, who was assaulted and allegedly attacked by four upper caste men on September 14, died at Safdarjung Hospital in Delhi on September 29. His body was brought to Hathras and a rushed cremation took place around 3 a.m. on September 30. His immediate relatives were present at the last rites.
Learning suo motu of the case, especially the hasty cremation, the Lucknow court of the Allahabad High Court had ordered senior state government officials and police to be present at the hearing on Monday. The court had also asked the victim’s relatives to be present to give their version.
Hathras District Magistrate Praveen Kumar Laxkar told the court that the decision to carry out the cremation was made to “maintain the situation of law and order.”
“At this time we do not find any good reason on behalf of the administration why they could not hand over the body to family members for some time, say even half an hour, to allow them to perform their rituals at home. and then incinerate him overnight or the next day, ”the court said.
“India is a country that follows the religion of humanity, where each of us is supposed to respect each other in life and death. However, the above facts and circumstances, from now on, ex facie, reveal that the decision to incinerate the victim at night without handing over the body to the next of kin or their consent was taken jointly by the administration at the local level. and was implemented by order of the District Magistrate, Hathras. This action by the State Authorities, although in the name of the public order situation, is prima facie a violation of the human rights of the victim and his family, ”he said.
“The victim had at least the right to a decent cremation in accordance with his religious customs and rituals, which essentially must be performed by his family. Cremation is one of the ‘sanskar’, that is, the antim sanskar recognized as an important ritual that could not have been compromised by taking refuge in the situation of law and order, ”he said.
“Therefore, the expanded fundamental right to life, to live with dignity and to exist with dignity even after death, as well as the right to a decent burial / cremation seems to have been violated, damaging the feelings not only of the members of the family but of all. people and relatives gathered at the scene, “said the court.
“Thus, one of the crucial issues that comes up for our consideration, in addition to the criminality that is being investigated by the police / CBI for trial purposes, is whether the hasty cremation of the victim’s corpse at odd hours of spending the night Without revealing your face to the relatives and allowing them to perform the necessary rituals in the absence of your consent and presence would be tantamount to denying a decent cremation in serious violation of your fundamental / human rights enshrined in articles 21 and 25 of the Law. Constitution of India . If so, who is responsible for them to determine their responsibility and responsibility and how the victim’s family is compensated, ”he said.
“Thus, the anxiety of the Court from now on is based on two aspects; first, if there was any violation of the fundamental rights of the deceased victim and his family; and second, the broader issues involved in the context of such rights that are generally available to all residents of the State and even beyond it so that valuable constitutional rights are not haphazardly and capriciously compromised, “he said. .
“The sensitivities of people that the Constitution recognizes as fundamental rights, such as the right to a decent burial / cremation according to the traditions and customs followed by the family, must be respected and if the considerations of maintaining law and order are faced with Such valuable rights, the situation must be handled skillfully and responsibly with a proper appreciation of both aspects, as such valuable rights cannot be trampled on or trivialized casually or capriciously, especially when those who are likely to be deprived belong to the oppressed class, uneducated and poor, ”he said. .
The court said that while the DM of Hathras “stated categorically that no one from above or Lucknow had instructed him to make such a decision or had ordered cremation at night, but in the same vein, he stated that he did not know if any at In this regard, the State had instructed the senior officials who participated in the collective decision, that is, Commissioner Aligarh; ADG, Agra and IG, Aligarh ”.
The court also questioned why no action was taken against the Hathras DM, while the Hathras SP was suspended. “We specifically asked Sri Awasthi (Awanish Kumar Awasthi, additional chief household secretary) why, if the decision to incinerate the victim overnight was collective, as stated by the district magistrate, Hathras himself, only the superintendent of Police had suspended while the district magistrate was allowed to continue and still continues in Hathras. He stated that the first SIT report had accused the Police Superintendent, ”the court said.
“However, when asked if the SIT had acquitted the District Magistrate and, indeed, if the role of the District Magistrate was the subject of the SIT investigation, he said no. He could not give a satisfactory answer about it, about why the two officers had been treated differently, “he said.
“We then asked him if it is appropriate and / or fair to allow the District Magistrate to continue in Hathras in the facts of the present case, especially as the investigation and these procedures related to the incident in which he had a role to play, are pending. . Sri Awasthi stated that the government will study this aspect of the matter and make a decision, ”he said.
In its instructions, the court asked the state government to “present a draft policy” to ensure “adequate guidelines” on “matters related to cremation / burial of the dead” in such circumstances.
He also asked the administration to “ensure the safety of the victim’s family”, pay them compensation as previously announced and guarantee “total confidentiality” in the investigation.
“No official who is not directly related to the investigation should make any public statement about the commission of the crime, alleged or not, based on the evidence collected, as it may lead to unnecessary speculation,” he said.
“Without trying in any way to interfere with the right to freedom of expression, we ask the media as well as political parties to express their views in a way that does not disturb social harmony and / or infringe the rights of the victim’s family and that of the accused. No one should allow the murder of the victim, just as the accused should not be found guilty before a fair trial, “he said.
The court also ordered then-Hathras SP, Vikrant Vir, who is now suspended, to appear before him at the next hearing.
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