‘No legal right to accept request’

Hanumatappa Hatti’s demand to bring rescue operations to a grinding halt has raised a critical question on whether such a demand stands legal sanctity. The opinion of legal experts and senior IAS officers is that there is no legal right to accept such a request.

They say the government has an obligation to continue rescue operations till the boy is recovered, dead or alive.

Speaking to The Hindu, former Lokayukta and retired High Court Judge N. Santosh Hegde said that within the legal framework, the government cannot stop the rescue operation as such an act would amount to the offence of killing a life. “If the boy dies, it is considered as unnatural death, therefore, at least to ascertain the cause of death by performing autopsy, the government must continue the rescue operation,” he said.

Regional Commissioner of Gulbarga Division Amlan Aditya Biswas said the boy cannot be declared dead without being confirmed by a doctor.

“Moreover, even for giving compensation to the family, if the boy is dead, as per the law, the body must be retrieved,” he said.

Bagalkot district in-charge Minister S.R. Patil said the government would not only ensure the filling up of the trench, but would also provide necessary financial help to the family to recover the loss.

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Printable version | Oct 21, 2021 5:28:53 AM | https://www.thehindu.com/news/national/karnataka/no-legal-right-to-accept-request/article6284803.ece

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