The survivor of the 2017 Unnao rape case expressed profound dismay on Wednesday following the suspension of the life sentence of Kuldeep Singh Sengar, an expelled BJP leader, describing the ruling as “kaal” (death) for her family. She announced plans to appeal the decision in the Supreme Court of India.
On Tuesday, the Delhi High Court suspended Sengar’s life sentence and granted him bail while his appeal against a 2019 conviction is pending. The court stipulated that Sengar must not come within five kilometers of the survivor’s home and must not threaten her or her mother, warning that any breach would result in automatic cancellation of bail.
Sengar remains incarcerated due to a separate 10-year sentence related to the custodial death of the survivor’s father, for which he has not been granted bail.
In a statement to reporters, the survivor, who was a minor at the time of her kidnapping and rape, lamented the withdrawal of security for her family, lawyers, and witnesses, exacerbating her sense of fear. “If convicts get bail in cases like this, how will the country’s daughters remain safe? For us, this decision is no less than kaal,” she remarked, emphasizing a perceived disparity in justice for the wealthy versus the marginalized.
Accompanied by her mother and attorney-activist Yogita Bhayana, she protested at India Gate on Tuesday evening and was subsequently detained by police. The following morning, while en route to speak with the media at Mandi House, the Central Reserve Police Force (CRPF) allegedly did not stop the bus transporting them. Videos emerged showing CRPF personnel forcing the survivor’s elderly mother to jump from a moving bus, while the survivor was taken away in the vehicle without any female CRPF staff present.
The survivor conveyed feelings of suicidal despair but added that she would persist in her fight for justice for her family. She noted that this case marked the first time in India that a rape convict’s sentence had been stayed. She stated, “All daughters of the country are now afraid,” but expressed hope that the Supreme Court would intervene.
Her sister voiced similar concerns about the family’s ongoing threats and lack of safety, suggesting that a prison sentence might be preferable to their current predicament. “If they have released him, they should put us in jail instead, at least we would be alive,” she said.
The survivor’s mother cautioned that if Sengar’s bail is not revoked, they fear for their lives, insisting, “We are not safe. We will be killed.”
Responding to the police treatment of the survivor during the protests, Rahul Gandhi, the Leader of the Opposition, criticized the handling of the situation, questioning, “Is such treatment of a gang rape survivor appropriate? Is her ‘fault’ that she has the courage to raise her voice for justice?” He labeled Sengar’s bail as “extremely disappointing and shameful,” highlighting ongoing fears faced by the victim.
Gandhi emphasized the importance of democratic values, stating, “In a democracy, raising a voice of dissent is a right, and suppressing it is a crime. The survivor deserves respect, safety, and justice, not helplessness, fear, and injustice.”
Meanwhile, the survivor, along with Yogita Bhayana, sought support from Congress leader Sonia Gandhi at her residence, conveying their plight to her. Following their meeting, the survivor recounted that Gandhi was visibly moved and assured the family of support regarding their legal representation, relocation for safety, and job assistance for her husband.
A statement from the Congress party reiterated the commitment to ensuring justice, safety, and dignity for the survivor and her family amid the ongoing denial of justice under the BJP government.
Asha Devi, mother of the 2012 Delhi gang-rape victim, criticized the court’s decision, stating that victim safety should be a priority, arguing, “Whether the convict is five kilometers or 500 kilometers away does not matter. What matters is that he committed a crime and was punished.”
Further controversy arose when Uttar Pradesh minister Om Prakash Rajbhar was recorded laughing when questioned about the survivor being taken from the Delhi protests, remarking that since her home is in Unnao, she should not be protesting in the capital, drawing widespread condemnation.
The Supreme Court had shifted the Unnao rape case and related matters from Uttar Pradesh to Delhi in August 2019, ensuring a fair trial.
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