Hathras Rape Case: Another incident that shook our Conscience!

Another day has passed and we have come across yet another incident that has completely shaken our conscience! This incident has evoked disgust amongst the Public at large as is borne out from newspapers, TV channel programs, and has been condemned by all.

The incident that I am referring to is an abominable crime that took place on September 14, and in this case, it has been alleged by the deceased that she was subjected to torture and was brutally gang-raped by four men in Hathras district, UP.

Not only this but the perpetrators also cut the tongue of the deceased girl so that she does not make any statements to the police officials against the wrongdoers and has also threatened the family of the deceased for several days.

It has come to the notice of the public at large that she was recovered from the fields in a very scathing condition and was then admitted to the hospital after several requests and finally succumbed to death.

It is alleged that despite repeated requests from the victim's family, the local police failed to register an FIR and the accused were roaming freely for several days.

Whereas it is a well-settled proposition that the question of whether it is obligatory for the police authorities to register an FIR on information provided by an informant by the Hon'ble Supreme Court of India in the case of Lalita Kumari Vs Government of Uttar Pradesh and others

An FIR is registered under section 154 (1) of the Code of Criminal Procedure. Even by the bare perusal of this section, we can clearly figure out the legislative intent i.e., this section is mandatory in nature and the concerned officer is duty-bound to register an FIR on the basis of information received by an informant in case of a cognizable offence.

It is also pertinent to mention that the victim should have been taken for an immediate medical examination and an MLC would have significantly stated the injuries incurred by the victim, which then would have been helpful in the sections to be added in the FIR.

Suo Moto Cognizance of this situation taken by the National Human Rights Commission

The National Human Rights Commission(NHRC) of India has on its own taken the cognizance of this serious issue of the gross violation of human rights, not just of the victim but also of the victim's family!

The NHRC has also issued a notice to the UP Government and has asked the government to file a report in this matter. The NHRC has also issued a notice to the Director-General of Police, UP directing him to personally look into this matter and ensure a speedy trial to secure justice for the victim's family.

Suo Moto Cognizance of this situation taken by the Hon'ble Allahabad High Court

The Lucknow bench of the Hon'ble Allahabad High Court has taken suo moto cognizance of this rape case and has stated that this is an extremely sensitive matter, touching upon the basic human and fundamental rights of the citizens.

The division bench (two-judge bench) has also issued notices to

1. Additional Chief Secretary (Home) Uttar Pradesh.

2. The Director-General of Police, Uttar Pradesh.

3. Additional Director-General of Police, Uttar Pradesh (Law and Order)

4. District Magistrate of Hathras

5. Superintendent of Police, Hathras.

The court has also asked them to be present before the court on the next date of hearing which is the 12th of October.

This matter is of immense public importance as it involves allegations of the high handedness by the State Authorities which have resulted in blatant violation of the basic human and fundamental rights of the victim as well as her family members.

It has also been alleged that the victim was forcefully cremated at the night, against the wishes of the family members of the victim is nothing but the destruction of Evidence and punishment for the same has been provided under Section 201 of the Indian Penal Code.

The UP Police has claimed that no rape happened with the deceased and succumbed to the injuries that were caused to her and a senior police official has also stated that as per the Forensic reports the semen samples were not present in the body of the deceased so the offence of rape didn't take place.

With the statements of such stature by the police officials have made an attempt to contradict the dying declaration given by the deceased on September 22nd.

Whereas the dying declaration of a person enjoys the highest evidentiary value and is provided under section 32 of the Indian Evidence Act, furthermore the dying declaration is sufficient to attract the presumption under section 114A of the Indian Evidence Act, this section clearly provides a presumption of rape until proven otherwise.

It is also pertinent to note that to prove an offence punishable under section 376 (Punishment for Rape) it is not necessary to establish the presence of sperm samples in the body of a woman. This has always been the position of law.

There is a catena of judgements delivered by the Hon'ble Supreme Court of India and various High Court's in India which state that to constitute the offence of rape it is not necessary that there should be complete penetration with the emission of semen and rupture the hymen.

The offence of rape has undergone a drastic change after the 2013 amendment that was made to the Indian Penal Code which expanded the scope of the offence to include cases other than penile-vaginal penetration.

Do the Dead have Rights?

The fundamental right to life and personal liberty guaranteed under Article 21 of the Indian Constitution has been given an expanded meaning by a catena of various judicial pronouncements.

The Right to Life includes the right to live with human dignity. By our tradition and culture, the same human dignity, if not more, with which a living human being is expected to be treated should be extended to a person who is dead.

As per reports, it was stated that the deceased girl was a Hindu and as per Hindu rites and rituals, the body of a dead person shall not be cremated after sunset and before sunrise.

The Chief Minister of UP after this incident has also directed to suspend The Superintendent of Police, The District Superintendent of Police, Inspector, and some other officials based on the preliminary investigation.

Conclusion

The rights of individual citizens in the Country and the State especially that of the poor and the downtrodden such as the family members of the deceased victim and the deceased herself are paramount and the Courts of Law are under a bounden duty as the custodian of rights, to see that the said rights available under the Constitution are protected at all costs and the State does not in its misplaced endeavor for political or administrative reasons transgress the limits of its powers to encroach and violate such rights, especially in the case of poor and the weak.