SC dismisses plea against job for Hathras rape victim's kin
What's the story
The Supreme Court on Monday dismissed the Uttar Pradesh government's plea against the Allahabad High Court's direction to provide a job to the next of kin of the 19-year-old Dalit woman who was raped and killed in Hathras in September 2020. The top court stated it was not inclined to intervene in such matters and asked the state government not to oppose such directions.
Context
Why does this story matter?
The Hathras rape-murder case triggered a massive outrage across India in 2020, with many protesting and demanding justice. The case took a significant turn after the victim's family alleged that authorities took the woman's body from the hospital without their permission. As per their claims, authorities did not let them perform her last rites and reportedly cremated her in the middle of the night.
Details
What did Supreme Court say?
While dismissing the UP government's appeal, a three-judge bench led by Chief Justice of India (CJI) DY Chandrachud said, "These are facilities provided to the family. We should not interfere." It also affirmed the directive on rehabilitating the family outside Hathras through a brief order. The court said it was not inclined to interfere "in the special facts and circumstances of the case."
Argument
SC bench was firm, didn't entertain state's appeal: Reports
According to reports, the SC bench refused to hear the state government's appeal. Additional Attorney General Garima Prashad, representing the UP government, stated that the court should address the legal question of whether or not the woman's older married brother will be a dependant. She added that while the state government is ready to move the family, "they want Noida or Ghaziabad or Delhi."
High Court
Know about directions by Allahabad High Court
In July 2022, the Allahabad High Court directed state authorities to provide a job to the victim's family member as promised. The court further ordered that the family be transferred outside of Hathras but within Uttar Pradesh. The judgment was based on a suo moto PIL filed after the woman's last rites were reportedly performed in haste and without the approval of her family.
About
What is Hathras rape-murder case?
A Dalit woman from Hathras reportedly died about two weeks after being gang-raped and seriously injured by four upper-class men in September 2020 while receiving treatment at Delhi's Safdarjung Hospital. However, the Hathras district administration cremated the deceased in the middle of the night in her village, causing uproar and accusations of a cover-up against CM Yogi Adityanath's government.
Action
CBI charged accused with murder, gangrape
In October 2020, the Allahabad HC took cognizance of the matter, stating that the crime had "shocked" its conscience. The matter was referred to the Central Bureau of Investigation (CBI) 10 days later, and it named four persons in its chargesheet in December 2020. The investigating agency later charged all four accused with murder and gangrape. However, only one of them was convicted.