Hathras rape case: UP Police’ behaviour violates fundamental rights of victim, kin

The high-handedness shown by the Uttar Pradesh police in midnight cremation of the body of 19-year-old alleged gang rape victim in Hathras has evoked strong reactions. This has emerged as egregious violation of the recognition to fundamental right to dignified burial and cremation under Article 21 (right to life and liberty) of the Constitution.

The UP police would rather find it hard to explain its conduct as the Allahabad High Court has sought explanation from them.

Way back in 1995, the Supreme Court in Pt Parmanand Katara case held that the right to the dignity and fair treatment enshrined under Article 21 of the Constitution is not only available to a living man but also to his body after the death. Here the petitioner has challenged the validity of jail manual in case of condemned prisoner which required for suspending the dead body for half an hour after it fell from scaffolds. The court then directed that jail authorities should not keep the body of condemned prisoner suspended after the medical officer declared the person to be dead.

During the time of Covid-19 pandemic, high courts across the country have intervened to ensure decent burial and cremation to the victims of the disease, in recognition to the right to dignity in death, following reports of undignified manner of handling of dead bodies.

The Bombay High Court in the case of Pradeep Ghandy rejected his plea against municipal corporation's decision to designate 20 burial grounds and cemeteries for disposing of bodies of those who died of Covid-19.

It has said the right to decent burial, commensurate with the dignity of the individual is recognised as a facet of the right to life guaranteed under Article 21 of the Constitution.

In April, the Madras High Court took strong view of the opposition made against burial of the body of a neuro surgeon at Kilpauk, saying the fundamental right to life guaranteed under the Constitution included the right to decent burial or cremation.

In June, the Supreme Court took Suo Motu cognisance of the media reports showing patients and corpses were lying in wards of Delhi's LNJP hospital and registered a case as 'the proper treatment of Covid-19 patients and dignified handling of dead bodies in the hospitals etc'. It subsequently issued a slew of directions for proper care and treatment of Covid-19 patients and keeping their family members informed about the status.

In the case of Hathras victim, the issue was not only of cremation of the body without consent of the family, it also involved the rights available to the deceased victim and the family members under Article 25 (right to practice one's religion), as, last rites were to be performed as per religious traditions followed by the family.