Hathras victim’s family move Allahabad HC, demand release from illegal detention

Detained in their own home, the Hathras victim’s family moved court asserting their freedom to speech, expression and movement.

Hathras victim’s family

The Hathras victim’s family filed a habeas corpus petition before the Allahabad High Court that alleged the district administration had confined them to their house, said a LiveLaw report on October 8, 2020.

The petition requested that the district administration release the family members from illegal confinement and move out of their house and meet people. It was filed by the Akhil Bharatiya Valmiki Mahapanchayat’s National General Secretary on behalf of the family who had made the request over telephone.

The family has allegedly been “gheraoed” at home since September 14 when the incident occurred. Only the victim’s brother was allowed to accompany her to the Hospital. They also said, the government only allowed two family members to visit her on September 28 when she was moved to Delhi.

Further, they said they were not given custody of her corpse. Instead, they were prevented from meeting or freely communicating with anybody, effectively violating their right to freedom of speech and expression and the right to receive information. Such actions also violate their rights under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The habeas corpus writ petition allows the court the power to release a person from unlawful detention.


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