Lucknow, Oct 13 (IANS) : The Lucknow bench of the Allahabad High Court has {said|stated} that the ‘{hurried|rushed} cremation of the {woman|lady|female} victim {was in|remained in} gross {violation|infraction|offense} of {fundamental|essential|basic} and human rights.It was {done in|performed in|carried out in} the late hours of the night, without following {proper|appropriate|correct} {rituals|routines} and without {handing over|turning over} the {corpse|remains} to the {family|household} of the deceased.
The court, in its {detailed|comprehensive|in-depth} order {issued|provided|released} on Tuesday after the hearing on Monday, {said|stated} that the {larger|bigger} {issue|problem|concern} which this {incident|event|occurrence} raises {impacts|effects} such rights of other {residents|locals|citizens|homeowners} of the {entire|whole} state of Uttar Pradesh.The court, {referring to|describing} {certain|specific|particular} precedents, observed that
right to {dignity|self-respect} and {fair|reasonable} treatment {enshrined|preserved} under {Article|Short article|Post} 21 of the Constitution of India is not {only|just} {available|offered|readily available} to a living {person|individual}, {but|however} {also|likewise} to his/her body after death.The court order {said|stated} that” {no one|nobody} {should|ought to|must|needs to} {indulge in|enjoy|delight in} character assassination of the victim {just|simply} as the {accused|implicated}{should|ought to|must|need to} not be {pronounced|noticable} guilty {before|prior to} {a fair|a reasonable} trial.” The court, which {took up|used up} the matter suo motu, is hearing the account of the {government|federal government} and the {family|household} of the 20-year-old Hathras {woman|lady|female} who {died|passed away} last month after {brutal|ruthless|harsh} {torture|abuse} and {alleged|declared} gang rape.The order {said|stated} that though the administration {may|might} not have {categorically|unconditionally} {refused|declined} the {family members|relative|member of the family} to see the face of the {deceased|departed} {but|however} the {fact|truth|reality} {remains|stays} that it was {not shown|disappointed} to any of them in spite of their {repeated|duplicated} {requests|demands}.{Thus|Therefore|Hence}, the {expanded|broadened} {fundamental|essential|basic} right to life to {live with|deal with|cope with} {dignity|self-respect} and to exist with {dignity|self-respect} even after death {as well as|in addition to|along with} {right|best|ideal} to {decent|good} burial/cremation appears to {have|have actually} been infringed, {hurting|harming|injuring} the {sentiments|beliefs} of not {only|just} the {family members|relative|member of the family} {but|however} of all {persons|individuals} and {relatives|family members|loved ones} {assembled|put together} on the spot.
The order {pointed out|explained|mentioned},” {Thus|Therefore|Hence}, {one of|among} the {crucial|essential|important|vital} {issues|problems|concerns} that {springs up|emerges} for our {consideration|factor to consider}, apart from criminality which is under {investigation|examination} by the police/CBI for the {purposes|functions} of trial, is whether the {hasty|rash} cremation of the dead body of the victim in the odd hours of the night without {revealing|exposing} her face to the {family members|relative|member of the family} and {allowing|enabling|permitting} them to {undertake|carry out} the {necessary|required|needed|essential} {rituals|routines} in the {absence|lack} of their {consent|permission|approval|authorization} and {presence|existence} would {amount to|total up to} {denying|rejecting} {decent|good} cremation in gross {violation|infraction|offense} of her fundamental/human rights as {enshrined|preserved} under Articles 21 and 25 of the Constitution of India.If so, who {is responsible for|is accountable for} the {same|exact same|very same} so {as to|regarding} {fix|repair} their {accountability|responsibility} and liability and how the {family|household} of the victim be {compensated for|made up for} it.” It {said|stated}, “The {anxiety|stress and anxiety} of the court {as of now|currently} is on {two|2} counts; {firstly|first of all|to start with}, whether there was any {violation|infraction|offense} of {fundamental|essential|basic} rights of the {deceased|departed} victim and her {family|household}; and {secondly|second of all}, the {larger|bigger} {issues|problems|concerns} {involved in|associated with} the context of such rights which are {generally|typically|normally|usually} {available|offered|readily available} to all {residents|locals|citizens|homeowners} of the state and even beyond it so that {valuable|important} {constitutional rights|humans rights|civil liberties} are not {compromised|jeopardized} {casually|delicately} and whimsically.” The court directed the {additional|extra} chief secretary( {Home|House} )to come out with a draft policy by the next date of hearing on both the points, {referred to|described} above, so that {proper|appropriate|correct} {guidelines|standards} {in that|because} regard {may|might} be {laid down|put down|set} to {avoid|prevent} {incidents|events|occurrences} of this kind in the future.The court directed the state administration to {ensure|guarantee|make sure} the {safety|security} and security of the {family members|relative|member of the family} of the victim.It {said|stated} that the inquiry/investigation which is being {carried out|performed} in the matter, either by the SIT or by any other {agency|company|firm} such as the CBI, be kept in {full|complete} {confidentially|in complete confidence} and no report or post thereof is {leaked|dripped} out in the public.
No officer who is not {directly|straight} {connected with|gotten in touch with} the {investigation|examination} {should|ought to|must|needs to} make any {statement|declaration} in
public {regarding|concerning|relating to} commission of the {offence|offense} {alleged|declared} or otherwise, {based on|based upon} {evidence|proof} {collected|gathered} as it can {lead to|result in|cause} {unnecessary|unneeded} speculationand confusion {amongst|among} the masses.The court asked the then Superintendent of {Police|Authorities|Cops} Hathras, Vikrant Vir who is now under suspension, to appear on the next date( November 2).– IANS amita/bg
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