Allahabad HC: UP Police violated human rights in Hathras rape case

While hearing the suo motu case registered on October 1, the bench noted that the administration at the local level was given the order to do so by the District Magistrate. Bar and bench reports that Justices Pankaj Mithal and Rajan Roy observed:

“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 victim was at least entitled to decent cremation in accordance with her religious customs and rituals which essentially are to be performed by her family.”

However, the court was skeptical of this motivation and emphasised that there was no good reason on behalf of the administration for cremating the body immediately, instead of handing over the body to the family to pay their respects and perform rituals. They said this was in violation of the victims fundamental rights as enshrined under Articles 21 and 25 of the Constitution of India.

“the situation needs to be handled deftly and responsibly on a proper appreciation of both the aspects as such valuable rights can not be trampled or trifled casually or whimsically especially when those likely to be deprived are of the downtrodden class, uneducated and poor.”

The Court also questioned the UP Police and States claims based on the lack of semen found in the forensic examination, pointing out that according to the law the “mere absence of semen during forensic examination…would not by itself be conclusive as to whether rape had been committed or not”