NEW DELHI: El Allahabad Supreme Court has arrested the government of Uttar Pradesh during the midnight cremation of the Hathras victim of gang rape without the consent of her family and said the action amounts to a “violation of human rights.”
The high court also asked the Uttar Pradesh government to provide full security to the victim’s family.
Here are the other important observations made by the superior court:
* The decision to incinerate the victim overnight without handing over the body to relatives or their consent was made 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, constitutes a prima facie violation of the human rights of the victim and her family.
* At this time we do not find any good reason on behalf of the administration why they could not give the body to the family members for some time, say even half an hour, to allow them to perform their rituals at home. and then incinerate it overnight or the next day.
* It is true that, although it is possible that the administration has not categorically refused to allow the relatives to see the face of the deceased, the truth is that it was not shown to any of them despite their repeated requests.
* We have taken note of the statements of the Additional Principal Secretary (Home), Government of the UP in this regard to establish certain procedures as guidelines for district officials for the future in matters related to the cremation / burial of the dead in the circumstances with which we are concerned.
* No official who is not directly related to the investigation should make any public statement regarding the commission of the alleged crime or based on the evidence collected, as it may lead to unnecessary speculation and confusion among the masses, who may not be aware of the subtleties act thus fueling the emotions on both sides.
* No one should allow the murder of the victim in the same way that the accused should not be found guilty before a fair trial. The investigating agency and the courts should be allowed to determine these issues.
* It is further provided that the investigation / investigation that is being carried out in the matter, either by the SIT or by any other agency such as CBI, is kept in total confidentiality and no report or publication thereof is leaked to the public. .
* Without the intention to interfere in any way 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 in the same way that the accused should not be found guilty before a fair trial.
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