The Allahabad High Court’s decision to take into account hiring a member of the Hathras victim’s family and relocating the family from Hathras was challenged by the Uttar Pradesh government in a petition that was dismissed by the Supreme Court on Monday.
Justices PS Narasimha, JB Pardiwala, and Chief Justice of India DY Chandrachud’s bench expressed astonishment that the Uttar Pradesh government had filed an appeal in response to the High Court’s decision. “The household is given access to these facilities. We shouldn’t get involved. CJI Chandrachud told the State government’s attorney that the state should not be mentioned in these cases.
“Whether the elder married brother could be regarded as a dependent of the victim was a question of law to be considered,” the state government told the top court.
The counsel appearing for the State told the apex court that it is ready to relocate the family but the family wants to be shifted to Noida, Ghaziabad or Delhi.
The appeal was filed against the directions passed by the High Court on July 26, 2022, in which the court had taken note of the socio-economic backwardness of the family and the rights granted by the SC/ST (Prevention of Atrocities) Act and directed the Uttar Pradesh government to consider giving employment to one of the family members of the victim.
It had also given directions to relocate the family elsewhere within the State.
A 19-year-old succumbed to her injuries at Delhi’s Safdarjung Hospital on 29 September, 2020 after being assaulted and allegedly gang-raped in Uttar Pradesh.