Lawstreet Journal

“Action of the State Authorities, though in the name of law and order situation, is prima facie an infringement upon the human rights of the victim and her family”: Allahabad HC on Hathras Gang Rape Incident [READ ORDER]

Lawstreet Journal 16 Oct 2020 2:06am

Image courtesy: Lawstreet Journal Judiciary “Action of the State Authorities, though in the name of law and order situation, is prima facie an infringement upon the human rights of the victim and her family”: Allahabad HC on Hathras Gang Rape Incident [READ ORDER]

On the Hathras gang rape incident which has put a question mark on the UP administration's responsibility, the Lucknow bench of Justice Pankaj Mithal and Rajan Roy of Allahabad High Court expressed a grief dissatisfaction towards the administration of Uttar Pradesh. The court expressed dissent with the cremation that was being undertaken by the government officials in such a rush without waiting the arrival of the victim’s family members and stated that the administration has somehow violated the basics rights of the victim.

“India is a country that follows the religion of humanity, where each one of us is supposed to respect each other in life and in death. However, the above facts and circumstances, as of now, ex facie, reveal that the decision to cremate the victim in the night without handing over the body to the family members or their consent was taken jointly by the administration at the local level and was implemented on the orders of the District Magistrate, Hathras. This action of the State Authorities, though in the name of law and order situation, is prima facie an infringement upon the human rights of the victim and her family," the Bench of Justices Pankaj Mithal and Rajan Roy observed.

The high court said the authorities must respect the fundamental right of a decent burial when pitted against considerations of maintenance of law and order.

The court has asked the State Additional Chief Secretary (Home) to come up with proper guidelines in the next hearing (November 2, 2020) on… Continue Reading...


Tagged: Hathras Gang Rape   Nirbhaya  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.