Hathras Rape and Murder: Cremation is at stake

Image source- Google Image by-Shweta sengar

 Our culture is driven by our rituals and customs, from our birth to death. We have the autonomy to make decisions while living, so after it regarding our bodily integrity through a will. Growing up in a democratic country, perhaps the reason fundamental rights are imperative for us. Our constitution has expanded its horizons by granting rights to the posthumous bodily integrity of every life. 

Since 1989 Parmanand Katara v. Union of India & Ors, Right of decent burial is included to live with dignity u/art.21 and till today apex court has pronounced the same in many. The states are under obligation to have a proper burial as per the religious beliefs of deceased Ashray Adhikar Abhiyan v. Union of India 2002. 

The rights of the deceased are being protected under criminal law as well. Even after such measures taken by our apex court, the fundamental rights of citizens seem to get violated often.

 

Recently at Hathras- 

Background of Case

There was one 19-year old Dalit girl, who got brutally gang-raped on Sep.14th at her village in Hathras, hardly 200kms., away from Delhi. She was cutting grass with her family in a field. Soon after, she got dragged by her dupatta in the vicinity of that spot. As per the news, doctors claimed that three bones in her neck were fractured, along with a ruptured spinal cord. They believed that she bit her tongue and cut it when her attackers were strangling her. Later, her family members took her to Safdarjung Hospital in UP.

 

Investigation

 

FIR was registered (u/s 154 crpc) on 14th Sept. under the SC/ST act and Sec.307 of the IPC (attempt to murder). Later, on 15th Sept., police officials went to take the statement of the victim. At Aligarh JNU’s Hospital, where she was not in such a state to do so. The same thing went for a few days, and then on 22nd, she regained consciousness and gave her statement.

The statement of an accused led to a further allegation under sec.375-d of The IPC (Gang rape) Subsequently, the accused's were arrested on 23, 25 and 26 Sept. 

Violation of Right to cremation

 

On 29th September victim took the last breath and, soon after which police officials have cremated her body. Even without their family’s consent which violated her fundamental right. 

 

Madras High Court, in the case of  S.Sethu Raja v. Chief Secretary, Govt. of Tamil Nadu & Ors. (2007) held that by our tradition and culture, the same human dignity (if not more) with which a living human being is expected to be treated, should also be extended to a person, who is dead and the right to accord a decent burial or cremation to the dead body of a person, should be taken to be a part of the right to such human dignity.

The Apex Court upheld the said contention of the petitioner therein and held that the right to dignity and fair treatment under Art.21 of the Constitution is not only available to a living man but also his body after his death. 

In the present case, there is not an issuance of public order, guideline or statement, which permits police officials to perform such act has violated art.25. 

 

The fundamental right is, conferred on the persons adhere to their customary or religious rites in the matter of cremation or burial of dead persons. As per, the respective traditions of the communities concerned. 

However, the constitutional right conferred under Art.25 can be restricted. Through a statutory procedure on the grounds of public order, morality and health.

Can we stop calling it “the issue of caste” when what we’re really interested is “the issue of casteism”

 

Above mentioned facts are already published in public domain.