HATHRAS HORROR
seems to be unprecedented/unparalleled in the rape-cum-murder annals of
the country, not just in the manner of the offence committed but also in the
manner of the after-treatment of the victim and investigation of the offence
even. It is indeed more horrible in its evolution than the terrific Nirbhaya
rape case in Delhi 2012 which led to further tightening of the rape law by
the making of certain amendments – known as the Nirbhaya Act. A brief
description of the event: “The incident took place on 14 September 2020, when
the victim, a 19-year-old Dalit woman went to a farm to collect cattle fodder. Four
men – Sandip, Ramu, Lavkush and Ravi – allegedly dragged her away by dupatta
around her neck injuring her spinal cord in the process. The four upper caste men
accused … allegedly belong to the Thakur caste. The violence left her paralyzed
with a severe spinal cord injury [and her] tongue cut off. The perpetrators had tried
to strangulate the girl as she resisted …. She ended up biting her tongue while
being strangled. Her cries were heard by her mother, who came to the spot to find
her lying down in the farm. She was at first taken to the Chand Pa police station,
where the police rejected her claims and, [per] the family, humiliated them. The
police registered a complaint only on [20-09-2020]. The police were able to record the
victim's statement on [22-09-2020]. In her three recorded statements she mentioned
that "she was raped" and was strangulated when she attempted to resist. The victim
was initially admitted to the Jawaharlal Nehru Medical College and Hospital in
Aligarh on 14 September, with her spinal cord severely damaged; … later shifted
to the Safdarjung Hospital in Delhi after her condition worsened. According to the
police, the victim had been strangled with her dupatta. She died on 29 September
2020.” Now comes the more terrific part: “The victim was cremated on the
night at about 2:30 am on 29-09-2020 by [U.P.] Police without the consent or
knowledge of the victim's family. The brother of the victim alleged that it was done
without family's consent and … they were locked up in their house; …also … that
petrol was used for cremation. [But the police version is that] … the family's consent
was taken. / The forced cremation led the Allahabad High Court to take suo moto
cognizance. … The bench [said], "The incidents which took place after the death of
the victim on 29.09.2020 leading up to her cremation, as alleged, have shocked our
conscience" [Wikipedia]” {The Allahabad HC decision is reproduced in this issue}. All this is quite
heartrending; and very unusual that the police forcibly cremate a victim,
that too in the night time, against the will/customs of the family. Such
police excesses, perhaps under political compulsions, severely shake
people’s confidence in democracy and rule of law, and must be dealt with
strictly by the constitutional courts.
