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Hathras Gang Rape Case: Allahabad HC Seeks Details Of Scheme For Relief & Rehabilitation Of Atrocity Victims Under SC/ST Act
Sparsh Upadhyay
24 Sep 2021 3:40 PM GMT
The Allahabad High Court today 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.This particular subsection makes it the duty of the concerned State to specify an appropriate scheme to ensure...
The Allahabad High Court today 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.
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.
On the other hand, Rule 14 of The SC/ST Rules, 1995 talks about the specific responsibility of the state government for providing relief and rehabilitation facilities to the victims of atrocity.
The Bench of Justice Jaspreet Singh and Justice Rajan Roy sought details if any such Scheme has been framed by the Government of U.P, on the next date (October 22, 2021).
Importantly, during the course of the hearing, the Court also observed that there could be no ifs and buts while interpreting the provisions relating to relief given to the victims under the SC/ST Act.
Appearing before the Court, Amicus Curiae Jaideep Narain Mathur and Advocate Seema Kushwaha (counsel for the victim's family) submitted that in the affidavit filed on behalf of the State, it was stated that the victim's family had been denied a house, agricultural land, and employment to one family member as the family already had a house and land and the girl was herself dependent upon her father.
The state, however, accepted that it had given 25 Lakh to the family of the Victim, which, even the counsel of the lawyer accepted on record, however, it was pointed out that neither a house nor employment to one family member of the deceased had been provided.
It was also argued that the pension of 5,000/- per month as envisaged under the provisions too, had not been provided to the victim's family.
To this, the Court asked the Counsel for the victim to file a reply to State's affidavit, if need be, by October 22.
In related news, the Allahabad High Court last month 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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