Hathras Rape And Murder Case: Allahabad High Court Seeks Trial Progress Report From The CBI

The Allahabad High Court on Tuesday sought a trial progress report in the Hathras Gang Rape and Murder case from the CBI. A status report has also been requisitioned from the Trial Court through the District Judge, Hathras as to the status of Sessions before the next date [September 20, 2022]. The bench of Justice Rajan Roy and Justice Jaspreet Singh gave the direction to CBI counsel Anurag Kumar Singh.The UP Government also submitted before the Court that the SOP for the dignified cremation of dead bodies was under process and very soon, the same shall be finalized and notified.It may be noted that on August 5, 2022, the Allahabad High Court had directed the State of Uttar Pradesh to notify and implement its Scheme/SOP for the cremation of dead bodies throughout the state and give it wide publicity such as at Police Stations, Hospitals, Primary Health Centers, District Headquarters, Tehsil, Collectorate, etc.The Court had also directed it to sensitize the Officers and employees under the State who are to be involved in the cremation of dead bodies to follow UP Govt's fresh scheme/SOP regarding dignified cremation of dead bodies.It may be noted that the SOP has been formed after the High Court had initiated the Suo-Moto case over the Hathras Rape and Cremation case to examine the right to decent and dignified last rites/cremation.During the course of hearing in this matter, the UP Govt was asked to come up with an SOP so as to ensure that even a dead person is given the right of treatment of his body with respect and dignity which he would have deserved had he been alive, subject to his tradition, culture, and religion which he professed.In its order dated August 5, 2022, the bench of Justice Rajan Roy and Justice Jaspreet Singh stressed that the right of dignified life under Article 21 of the Constitution of India is not only available to a living person but also to the 'dead'."Even a dead person has the right of treatment of his body with respect and dignity which he would have deserved had he been alive, subject to his tradition, culture and religion which he professed. These rights are not only for the deceased but, his family members also have a right to perform last rites as per religious traditions. Right to a decent burial has been held to be commensurate with the dignity of the individual and this has been reiterated as a recognized facet of right to Page No. 2 life guaranteed under Article 21 of the Constitution of India," the Court further added.Read more about the case here: Hathras Rape-Murder Case | "Sensitize Officers To Follow SOP For Dignified Cremation Of Dead Bodies": Allahabad HC Directs UP GovtIn related news, the Allahabad High Court on July 26 directed the Uttar Pradesh Government to consider giving employment to one of the family members of the Hathras Gang rape Victim under the Government or Government Undertaking commensurate with the qualification possessed by them.The bench of Justice Rajan Roy and Justice Jaspreet Singh also directed the government to consider their relocation to any other place within the State outside Hathras keeping in mind their social and economic rehabilitation and also the educational needs of the children.These directions have been issued by the Court in a Suo-Moto case instituted over the Hathras Rape and Cremation case to examine the right to decent and dignified last rites/cremation.In 2020, the Court had taken cognizance of the rape of a 19-year-old girl belonging to the SC community followed by her cremation in the wee hours of the night intervening 29/30 September 2020 which appeared to be against the wishes of her family members.The Court had noted that these incidents had raised important questions pertaining to the fundamental right to a decent burial and the role of State authorities in this regard.Case title - Suo-Moto Inre Right To Decent And Dignified Last Rites/Cremat v. State Of U.P. Thru Additional Chief Secretary Home And Ors.Click Here To Read/Download Order

Hathras Rape And Murder Case: Allahabad High Court Seeks Trial Progress Report From The CBI

Sparsh Upadhyay

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