Allahabad High Court Slams UP BJP Government Over Relocation Delay for Hathras Victim Family Ordering Resettlement in Ghaziabad or Noida Within 3 Months
The Allahabad High Court has pulled up the Uttar Pradesh government for displaying persistent reluctance in rehabilitating the family of the 2020 Hathras victim, directing the state administration to relocate the family to Ghaziabad or Noida positively within 3 months. The court set aside an earlier state government order that had offered alternative resettlement locations strictly in Kasganj, Etah, or Aligarh, holding that the administration had virtually brushed aside prior judicial mandates and the specific safety concerns raised by the affected family.
The ruling was delivered by a Division Bench comprising Justice Rajan Roy and Justice Jaspreet Singh during ongoing proceedings related to the suo motu public interest litigation initiated in 2020. The case originally arose following the tragic assault and midnight cremation of the 19-year-old Dalit woman in Hathras, with the court monitoring matters concerning the right to dignified last rites, victim compensation, security provisions, and long-term socio-economic rehabilitation.
Regarding the legal proceedings of the crime, the Central Bureau of Investigation investigated four local village residents—Sandeep, Ramu, Lavkush, and Ravi. In March 2023, a special SC/ST court in Hathras convicted the main accused, Sandeep Sisodia, sentencing him to life imprisonment under Section 304 of the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act, while acquitting the other three accused.
Tracing the history of relocation directives, the bench noted that it had first instructed the state government on 26 July 2022 to consider relocating the family outside Hathras to ensure their safety, livelihood, and children's education. While the family initially sought resettlement in Delhi, they subsequently indicated willingness to move to Ghaziabad or Gautam Buddh Nagar (Noida), where their extended relatives reside. Following court directions on 14 November 2024, the family formally submitted an application to the District Magistrate of Hathras on 2 December 2024 requesting relocation to Ghaziabad or Noida.
However, the state government passed an order on 22 February 2025 restricting relocation options strictly to Kasganj, Etah, or Aligarh. The High Court expressed severe dissatisfaction with this move, observing that the state decision did not contain even a passing reference to the family's request for Ghaziabad or Noida. The bench observed that the government action was no decision in the eyes of the law and bordered on contempt of court, noting that the state approach gave credence to the family's contention that the administration was treating the proceedings as an adversarial litigation and remained adamant against extending statutory relief.
Appearing for the victim's family, Advocate Mahmood Pracha argued that relocating to neighboring districts like Aligarh, Etah, or Kasganj posed severe security risks due to their close geographic proximity to Hathras. He submitted that the family had no support system in those districts, whereas residing in Ghaziabad or Noida would allow them to live safely among relatives and rebuild their lives without constant fear.
Quashing the state order of 22 February 2025, the High Court directed the government to ensure complete rehabilitation in Ghaziabad or Noida within 3 months. The bench further ordered that upon completion of the relocation, the state must provide public employment to one eligible member of the family, as previously mandated under the 2022 order and supported by the state's own undertakings.
The court directed the Additional Chief Secretary (Home), Government of Uttar Pradesh, to submit a compliance affidavit detailing the execution of the order. The bench warned that in the event of non-compliance, the senior official would be required to appear personally before the court on 30 November 2026, the next scheduled date of hearing.