HATHRAS RAPE AND MURDER: CREMATION IS AT STAKE

Image source- Google Image by-Shweta sengar

Our culture is deeply rooted in rituals and customs, from birth to death. We enjoy autonomy to make decisions during our lifetime—and this extends even to our bodily integrity after death through legal instruments like wills. Growing up in a democratic country, we recognize the importance of fundamental rights. Our Constitution has expanded its horizons to grant the right to posthumous bodily integrity, reinforcing the value of dignity in death.

Since the landmark judgment in Parmanand Katara v. Union of India & Ors. (1989), the right to a decent burial has been interpreted as part of the right to live with dignity under Article 21 of the Constitution. The Supreme Court has upheld this interpretation in several subsequent rulings. Furthermore, in Ashray Adhikar Abhiyan v. Union of India (2002), the Court held that the State is under an obligation to ensure proper burial in accordance with the religious beliefs of the deceased.

The rights of the deceased are also protected under criminal law. Despite these safeguards, violations of citizens’ fundamental rights continue to occur.

The Hathras Case

Background

A 19-year-old Dalit girl was brutally gang-raped on September 14 in her village in Hathras, located roughly 200 km from Delhi. She was cutting grass with her family in a nearby field when she was allegedly attacked and dragged by her dupatta. According to reports, doctors stated that three of her neck bones were fractured and her spinal cord was ruptured. It was also believed that she bit her tongue—possibly while being strangled. She was later taken to Safdarjung Hospital in Uttar Pradesh.

Investigation

An FIR was registered on September 14 under the SC/ST Act and Section 307 of the IPC (attempt to murder). On September 15, police officials visited Aligarh JNU’s Hospital to take her statement, though she was not in a condition to speak. This continued for several days, and only on September 22 did she regain consciousness and give her statement.

Following her statement, charges under Section 375-D of the IPC (gang rape) were added. The accused were arrested on September 23, 25, and 26.

Violation of the Right to Cremation

On September 29, the victim succumbed to her injuries. Soon after her death, the police cremated her body—without the consent of her family. This action clearly violated her fundamental rights.

In S. Sethu Raja v. Chief Secretary, Govt. of Tamil Nadu & Ors. (2007), the Madras High Court held that the dignity with which a living person is treated must be extended to the dead as well. The right to a decent burial or cremation is considered part of the right to human dignity.

The Supreme Court affirmed this view, holding that the right to dignity and fair treatment under Article 21 of the Constitution applies not only to the living but also to the deceased.

In the Hathras case, there was no public order, guideline, or lawful justification that allowed the police to cremate the body without family consent. This action also violated Article 25 of the Constitution.

The fundamental right under Article 25 allows individuals to perform religious or customary rites regarding cremation or burial, according to their traditions. While this right can be restricted on grounds of public order, morality, and health, no such grounds were present in this case to justify the police’s actions.

 

Above mentioned facts are already published in public domain.