Hathras Crime| 'Victim's Family Members Claim UP Govt Yet To Provide Them Job As Per HC's Order': Amicus Informs Allahabad HC

The Allahabad High Court has been informed that as per the Hathras Gang Rape and Murder victim's family, the Uttar Pradesh government is yet to comply with HC's July 2022 order of providing employment to one of them (family members) and to relocate them to some other place in the state.The submission was made last week by the Amicus Curiae appointed in the Suo moto case registered over the Hathras crime relating to the alleged murder and gang-rape of a Dalit girl. The bench of Justice Rajan Roy and Justice Jaspreet Singh was also told that the UP Government has, following the HC's order, notified the policy for cremation/ burial.It may be noted that HC's July 2022 order was passed after noting that none of the male members of the victim's family was employed as a consequence of the atrocity committed against them. The said order of the HC was upheld by the Supreme Court in March this year.In fact, while hearing the matter, the bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had expressed surprise at the State's decision to challenge the High Court's order in an appeal.Amicus Jaideep Narain Mathur further apprised the Court that one of the accused of the crime has been convicted under Section 304 part-I I.P.C. read with Section 3(ii)(v) of the S.C./ S.T. Act, 1989 and the other three accused have been acquitted.Read more about Hathras Court's order here: Hathras Case| No Medical Evidence Of Gang Rape, Victim Was Possibly Tutored; Can’t Say Prime Accused Intended To Kill Her: UP CourtThe bench was also apprised that now, the only issues which remain for consideration are those which were reduced in writing in the initial orders of this Court regarding cremation of the deceased, violation of Fundamentals Rights involved in respect thereof if any and the accountability of the officers in this regard.Taking on record these submissions, the bench posted the matter for further hearing on September 21 in view of the adjournment sought by the State.What was the High Court's direction?The State filed the petition against the directions passed by a division bench of the High Court on July 26, 2022 in a suo motu case registered over the Hathras crime relating to the alleged murder and gang-rape of a Dalit girl. The Uttar Pradesh Government was directed to consider giving employment of one of the family members of the victim under the Government or Government Undertaking commensurate with the qualification possessed by them.The High Court passed the order taking note of the socio-economic backwardness of the family and the rights granted by the SC/ST (Prevention of Atrocities) Act 1989. Analyzing Act 1989 and the Rules made thereunder, the Court came to the conclusion that the victim's family has a legal basis for its claim of relocation and job. The argument of the state that the provision of employment in such a case would violate Articles 14 and 16 is without any constitutional and legal basis was rejected.The High Court also took into account the fact that the majority of the population in the village belongs to the upper castes and it is stated that the family is always targeted by other villagers and even after being under the security of CRPF whenever the family members go out, they are subjected to abuse and objectionable comments in the village. In this backdrop, the Court directed the State to relocate the family elsewhere within the state.The case had received nationwide attention after the visuals of the police cremating the body of the victim in the middle of night, allegedly without the consent of the family, became viral. A PIL was filed in the Supreme Court seeking a court-monitored investigation on account of the alleged lapses on the part of the State Police. Responding to the PIL, the UP Government later told the Court that it is agreeable to a CBI investigation and the matter was later handed over to the central agency.

Hathras Crime| 'Victim's Family Members Claim UP Govt Yet To Provide Them Job As Per HC's Order': Amicus Informs Allahabad HC

Sparsh Upadhyay

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