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Hathras Gang Rape Case- Allahabad HC To Conclude Hearing On Quantum Of Damages To Victim's Family On Nov 25, 26

Sparsh Upadhyay
23 Oct 2021 9:41 AM GMT
Hathras Gang Rape Case- Allahabad HC To Conclude Hearing On Quantum Of Damages To Victims Family On Nov 25, 26
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The Allahabad High Court on Friday fixed November 25 as the date on which it would conclude hearing on the question of quantum of compensation to be given to the family of the Hathras gangrape and murder victim.This order by the Bench of Justice Rajan Roy and Justice Jaspreet Singh came after the Assistant Solicitor General, in pursuance of the Court's September 24 order, submitted...

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The Allahabad High Court on Friday fixed November 25 as the date on which it would conclude hearing on the question of quantum of compensation to be given to the family of the Hathras gangrape and murder victim.

This order by the Bench of Justice Rajan Roy and Justice Jaspreet Singh came after the Assistant Solicitor General, in pursuance of the Court's September 24 order, submitted certain Government Orders and Notifications before the bench pertaining to various schemes/benefits to the victim's family under the SC/ST Act.

Importantly, on September 24, the Allahabad High Court had asked the Uttar Pradesh Government to specify details of the Scheme as envisaged under Sub Section 11 of Section 15-A of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Rule 14 of The SC/ST Rules, 1995.

Essentially, this particular subsection makes it the duty of the concerned State to specify an appropriate scheme to ensure the implementation of certain rights and entitlements of victims and witnesses in accessing justice.

Read more details here: Hathras Gang Rape Case: Allahabad HC Seeks Details Of Scheme For Relief & Rehabilitation Of Atrocity Victims Under SC/ST Act

Further, on Friday, Counsel Seema Kushwaha, appearing for the victim's family, submitted that an affidavit has been prepared in response to the affidavit filed by the State on the question of grant of reliefs and benefits under the SC/ST Act, however, since it is lacking in several aspects, therefore, she does not wish to file the same.

She further submitted that she wants to prepare another affidavit in this regard and therefore, the Court granted her a week's time to file an affidavit in this regard and issued the following order:

"List this matter on 25.11.2021 at 03:15 PM. If the hearing on the issue with which we are engaged at the moment does not conclude on the said day, we may continue and conclude the hearing on the next day i.e. 26.11.2021."

In related news, the Allahabad High Court in August 2021 refused to stay/transfer the criminal trial proceedings in the Hathras Gang Rape case pending before the Special Court (SC/ST Act), Hathras.

The Bench of Justice Jaspreet Singh and Justice Rajan Roy further said that the requisite security which was ordered by the Court to ensure non-disruption of the trial by any person and for facilitating a free and fair trial, will continue to be in place.

It may be noted that taking into account the complaint made by the Victim's family in Hathras Rape and Murder case regarding the threats extended to them, including the Counsel for the Victim's family in the open Court, the Allahabad High Court had, on March 19, directed an inquiry into the allegations.

Background

The Dalit woman from Hathras District was allegedly gang-raped by four upper-caste men in Hathras on 14th September 14 last year. She died on September 29 at Delhi's Safdarjung Hospital during treatment.

It may be noted that the way police handled this case - particularly the late-night cremation of the victim allegedly without the family's approval - led to angry protests across the country.

The Lucknow Bench of the Allahabad High Court had taken suo moto cognizance of the Hathras gang rape case on Thursday (01st October), stating that is an "extremely sensitive" matter, touching upon the basic human/ fundamental rights of the citizens.

Case title - Suo-Moto Inre: Right To Decent & Dignified Last Rites/Cremation

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