Hathras Case: 510 Law Students Write To The CJI Urging Action Against Guilty Officials

510 law students written to the Chief Justice of India to issue directions for action to be taken against guilty officials involved in the Hathras incident and the ensuing 2.30 am cremation of the victim.

For this purpose, the students have prayed for directions to conduct an inquiry by the Uttar Pradesh Police, Hathras Police and Hathras District Administration by a special investigation team, headed by a retired Supreme Court Judge.

Pointing to the rising statistics of rape cases being reported every year and with no improvement in the conviction rate, the students state that a girl getting raped has become so common, that we only talk about it in a few selected cases when the nature of the crime is such that it shakes the conscience of a person.

While stating that even though the 19-year old girl succumbed to death, she gave a dying statement citing rape and the manner in which her body was treated, the law students state that despite this, the police officials deprived the victims family of bidding farewell to their daughter and restrained them under illegal house arrest.

"...the police officials who are the investigating wing of the justice system and protectors of our society and are responsible by law to register, investigate and frame charges in cognizable cases are now the ones who are depriving the victim and the family of the victim a chance to bid farewell, by burning the victim's body in the middle of the night, in a field, alone with the family under illegal house arrest while restricting other spectators such as the media and villagers to come near the place of burning," the letter reads.

The law students aver that the Criminal Law provisions prescribe rights, duties and responsibilities and procedures based on which the investigating agency conducts itself and its acts, therefore, the police authority is liable for questioning on their act on the night of 30th September, 2020, when they burned the victim's body in the middle of a field by throwing petrol on her and then lighting it on fire.

It is stated that the aforementioned act "took away her right to die with dignity" and that the acts of police officials are not justifiable constitutionally and on the substantive provisions of law.

"Fundamental right of 'Right to life with dignity' which also includes the right to decent cremation in accordance with culture and tradition of the person who is no more," the law students state while citing Parmanand Katra, Advocate v. Union of India (1995) 3 SCC 248.

The students claim that even Ajmal Kasab, a convicted terrorist was given a decent burial but the same humanity was not extended to the Hathras incident victim and her family who've lived all their lives in India and had lost their daughter to what is known as the most hated crime.

"The Hathras police has instilled a fear of authoritarianism in the hearts of us Law Students and concerned citizens and the question that a lot of female law students are asking is whether the police are taking up the role of completing the crime for the criminal and if it is required, whether we can report a crime without questioning the intention and the result of reporting such a crime that we have been a victim of?," the law students question.

Pointing to the Court's intervention in the past in the Unnao Rape Case, Kathua Rape Case and the very recent Hyderabad Rape case, the law students have urged the top court to give a statement, a direction or even an observation in tune with this unfortunate incident.

In this backdrop, the students also pray for directions to all states and UT Governments to utilise funds present in the Nirbhaya Fund towards ensuring safety of women as well as to discuss or issue appropriate guidelines, as the regarding the right of a family on the dead body and the right to die with dignity.

The students also pray for strict implementation of all the steps and initiatives are in force such as Fast track Court.

The letter has been written by Naomi Ting & Zarif Hosain from Symbiosis Law School, Noida and has been signed by law students from law schools across the country.

Click Here To Download Letter