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Delhi Commission For Women Chairperson Writes To CJI Seeking High Court Monitored Inquiry Into Hathras Gang Rape Case [READ LETTER]

Today on 30 September 2020, Swati Maliwal Chairperson, of DCW, wrote a letter to the Chief Justice of India asking him to take cognizance in the death of a 19-year-old woman who was brutally gang-raped in a village in Hathras district in Uttar Pradesh two weeks ago.

By: Shikha Awasthi, B.A-LL.B, LL.M (IP Laws)

She firmly contended

“Had immediate action be taken on the pleas of the family and had the victim been shifted to Delhi earlier, we may not have lost another daughter.”

She submitted that; 

“Even in death, the UP Government was not moved by the pleas and tears of the victim and gravest of grave violation of the human rights of the victim, her family was locked up in their home and her body was forcibly taken to the fields at 2 A.M. in the morning and cremated by the police officials. No family member was allowed to cremate the body and in death, the family could not be with their daughter.”

She stated in the letter;

“The victim was gang-raped on September 14/2020 and left to die in the field with grievous injuries. despite repeated pleas of the family, local police to register a case of gang-rape or even rape and for 5 days the accused person roamed around scot-free. 

It was only on 22nd September 2020, that the victim’s statement was recorded and the relevant sections of gang-rape were added in the case and the other accused persons were identified. Despite her serious condition from day one, the government of Uttar Pradesh shifted the victim to Delhi only on 28th September 2020, where she succumbed to her injuries the next day.”

She alleged that;

“the perpetrators cut of the tongue of the victim to ensure that she does not give any statement to the police and repeated threatened the family for several days when they were not apprehended by the police. The role of the police and the entire UP government is a matter of grave concern as for days the administration tried to pass of the matter as a dispute between villages and tried to cover-up the incident.”

She draws the Court’s attention towards the role of Uttar Pradesh police as well as Uttar Pradesh Government by saying; 

Every possible fundamental and human right of the victim was in violation by the UP Government and its Police, in life and in death:

I do not wish to state more before the custodian of supreme justice in our country but only to pray that the Hon’ble Supreme Court take cognizance of the matter and pass direction as it may seem fir for:

  • High Court monitored investigation and trial to endure strictest and swiftest possible punishment to the accused in this crime.

Immediate suspension and punitive action against all erring police and administrative officials including the senior-most officials who tried to cover-up the incident.

  • Setting in place definite mechanism to ensure that no other daughter has to supper the same fate.”

She said;

“Millions of young and innocent girls have sacrificed their lives and dignity in our country and yet expect momentary outrage, our country, fails to act.  There has been hardly any favorable change in the condition of the women and girls in India and every day, countless women and girls are ravaged and their lives destroyed.”

UP Government action: 

UP CM tweeted today;

“CM Yogi Adityanath has ordered the formation of a three-member SIT to investigate the Hathras incident. It will be headed by state home secretary Bhagwan Swarup, and will have inspector general Chandraprakash and PAC Sena Nayak Poonam as members. The team has to submit a report within seven days.” 

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