The Allahabad High Court on Monday slammed the Uttar Pradesh (UP) government over the Hathras case. The District Magistrate asked "What if it was a girl from a rich family? Would you have cremated her the same way?" Seema Kushwaha, the counsel for the woman's family, said.
"How do you know she wasn't raped? Has the investigation concluded? Please go through the new rape law of 2013," the court told senior police officer Prashant Kumar.
The Uttar Pradesh police have been under criticism for the cremation of the body of Hathras victim at 2:00 am with family members locked up in their homes.
Taking suo motu cognizance of the matter on October 1, the court said that the case was of "immense public importance' as it involved 'violation of fundamental rights of the victim as well as her family members". The court also quoted a Supreme Court Order of 1995, where the judges ruled that the Article 21 of the constitution that provides "Right to life", "Right to dignity" which also includes "fair treatment" to a dead body.
According to NDTV sources, the court is looking at three different aspects of the case – whether there was any violation of human rights, was the Hindu ritual followed while cremation of the victim's body and was the cremation done in an illegal manner.
While the court and people have questioned the UP police and administration, they have maintained their stand on the case saying that the cremation was done late at night taking in view the law and order of the situation.
The Hathras rape victim died on September 29 in a hospital in Delhi. After the forensic reports negated the possibility of rape, the four accused have denied all the rape allegations against them.