The Allahabad Excessive Courtroom on Monday directed the Uttar Pradesh Authorities to rehabilitate and relocate the household of the Hathras gang rape and homicide sufferer to Ghaziabad or Noida inside 3 months, after discovering “pointless resistance” on the State’s half in complying with its earlier directions.
A Bench of Justice Rajan Roy and Justice Jaspreet Singh noticed that the State’s resolution dated February 22, 2025, providing the household rehabilitation at Kasganj, Etah or Aligarh, didn’t take into account their request for relocation to Ghaziabad or Noida and was subsequently “no resolution within the eyes of legislation”.
The Courtroom additional directed that the compliance affidavit be filed by the Extra Chief Secretary (Residence), Authorities of Uttar Pradesh, and warned that he must seem personally if the route was not complied with.
The instructions got here within the suo motu proceedings instituted by the Excessive Courtroom in 2020 following the Hathras rape and cremation incident, regarding the precise to respectable and dignified final rites/cremation.
The Courtroom famous that regardless of its earlier orders dated September 26, 2024, November 14, 2024, and January 8, 2025, the State had not correctly thought-about the household’s request for rehabilitation at Ghaziabad or Gautam Buddh Nagar. It noticed:
“There seems to be an pointless resistance by the State to a consideration as was ordered by us vide our order dated 26.09.2024, 14.11.2024 and 08.01.2025“.
The Bench additional noticed that the State counsel may solely seek advice from the February 22, 2025 resolution, which, in line with the Courtroom, “the truth is isn’t any resolution within the eyes of legislation,” as a result of it didn’t even seek advice from the household’s request for rehabilitation in Ghaziabad or Gautam Buddh Nagar.
The Courtroom stated the State’s conduct gave credence to the household’s assertion that the State is treating it as an “adversarial litigation” and is “adamant to not grant” advantages to the sufferer’s household.
It could be famous that the High Court’s July 26, 2022 order had directed the State Authorities to contemplate relocating the household to a different place inside Uttar Pradesh, exterior Hathras, holding in thoughts their social and financial rehabilitation and the tutorial wants of the youngsters.
The July 2022 direction was issued after the relations of the Hathras Rape sufferer conveyed to the Allahabad Excessive Courtroom that they wished to relocate to NOIDA as they didn’t really feel protected in Hathras. The brother of the sufferer lady has additionally expressed his willingness to take up a authorities job in Noida.
The State subsequently knowledgeable the Courtroom that the household may select amongst Aligarh, Etah and Kasganj, and that employment could be offered to at least one member of the family on the chosen place.
The household, nonetheless, had sought rehabilitation in Delhi in reference to its pending proceedings earlier than the Supreme Courtroom.
Subsequently, with out prejudice to its rights earlier than the Supreme Courtroom, it indicated earlier than the Excessive Courtroom that it might settle for relocation to Ghaziabad or Noida, the place different relations reside.
On November 14, 2024, the Excessive Courtroom directed the household to submit a proper software earlier than the District Justice of the Peace, Hathras. The applying was thereafter submitted on December 2, 2024, in search of relocation/rehabilitation at Ghaziabad/Gautam Buddh Nagar.
Nevertheless, the State’s February 22, 2025, resolution finally supplied solely Kasganj, Etah and Aligarh because the locations for relocation. The Excessive Courtroom discovered that it didn’t include even a cursory reference to the household’s request for Ghaziabad/Gautam Buddh Nagar.
Having discovered the State’s response insufficient, the Courtroom went past directing the Authorities to rethink the matter. It directed:
“We accordingly put aside the choice dated 22.02.2025 and direct the State Authorities to rehabilitate and relocate the sufferer’s household in Ghaziabad or Noida, because the case could also be, positively inside three months”.
The Courtroom additionally directed that, as soon as the rehabilitation takes place, employment to one of many relations, as directed in its July 26, 2022 order, also needs to be offered.
The compliance affidavit is to be filed by the Extra Chief Secretary (Residence). The Courtroom stated that in case of non-compliance, the officer must seem earlier than it on the subsequent date.
The Bench famous that it had meant to proceed with the ultimate listening to on the deserves regarding the cremation difficulty, however thought-about it crucial first to make sure compliance with its earlier instructions.
The Courtroom additionally revisited its earlier commentary relating to the treatment out there earlier than the Particular Courtroom. It clarified that this didn’t forestall the Excessive Courtroom from intervening the place “distinctive circumstances exist for approaching the Excessive Courtroom“.
Discovering such distinctive circumstances within the State’s ‘intransigence’ and non-compliance with its earlier orders, the Courtroom held that the Particular Courtroom will not be suited to contemplate the difficulty and that the Excessive Courtroom ought to step in.
The matter has been listed for November 30, 2026.
The proceedings come up from the 2020 Hathras case, involving the rape of a 19-year-old girl belonging to the Scheduled Caste group, adopted by her cremation within the early hours of September 29-30, 2020, in circumstances that gave the impression to be in opposition to the desires of her household.
The Excessive Courtroom had taken suo motu cognizance of the matter to look at points regarding the precise to respectable and dignified final rites/cremation. The proceedings have subsequently additionally handled the household’s rehabilitation, relocation, safety and different reliefs.
Learn extra about Courtroom’s earlier orders within the matter here and here.
Advocate Mahmood Pracha appeared via video conferencing for the sufferer’s household, assisted by Advocate Abdul Ahad.
Advocate Pranjal Krishna appeared for the State.
Case title – Suo-Moto Inre Proper to First rate and Dignified Final Rites/Cremation
