THE NATION IS OUTRAGED!
- Independent Ink
- Jan 4
- 8 min read
"What relief can this verdict offer to the survivor who has been gang-raped, whose father has been killed in custody, whose lawyer and two aunts have been murdered in a pre-planned road accident, who has been forced to try self-immolation, and is now fearing for the lives of her mother, husband and two children?"
By Kumudini Pati
The sudden suspension of the life sentence awarded to BJP ex-MLA from Unnao district of Uttar Pradesh by the Delhi High Court has led to a massive uproar in the country -- not only against the judiciary, but also against the UP government and the BJP-ruled Centre as well as its Union law ministry. Surprisingly, there has been an incessant tirade in sections of the electronic media, YouTube Channels and social media, severely criticising the order as challenging the very notion of justice and fair play in a democracy.
Many people believe that freedom for a criminal and bahubali like Sengar would be an open display and assertion of the widespread phenomena of goonda raj, yet again, after similar such acts of brazen injustice involving powerful BJP leaders has surfaced, as in the Ankita Bhandari murder case in Uttarakhand.
Protests by students, men and women activists and concerned citizens erupted on the streets of Delhi and even in towns like Allahabad and Patna. Many social activists and journalists began to post the photos of the two judges and their biographies, who delivered the order.
Videos became viral of police dragging the survivor, her mother and other activists, including Yogita Bhayana, who runs the organisation People Against Rape in India (PARI), and who has backed her struggle, and supported her at the dharna site before the Delhi High Court.
It was almost as though the police and judges were in the dock, while justice was being sought by the common people – women and men, young and old, students and ordinary folks. Those who still believe in the rule of law in a democratic society.
The uproar became so loud, and it was so embarrassing even for this thick-skinned BJP regime, that some corrective step had to be quickly taken. Hence, the CBI had to quickly step in and challenge the decision in the Apex Court.
On 29 December, the Supreme Court stayed the suspension of Kuldeep Singh Sengar’s sentence, ordered by the two judges of the Delhi High Court.
Meanwhile, stage-managed protests by some women under the hitherto unknown banner of ‘Purush Aayog’ clashed with protesters in front of the Delhi HC, with placards saying “I support Kuldeep Sengar”. Zee TV, always a pro-BJP channel, ran an interview with Sengar’s daughter who made an emotional appeal to the public saying that her father has been defamed, and that there has been a long-standing enmity between the two families.
Indeed, this story appears concocted. And a late reaction to defend her father's acts.
There is a possibility that a counter-narrative by Sengar’s supporters may be built in the media and political establishment around the case soon, and this will have to be countered, activists believe.
Although many have welcomed the SC verdict, the survivor’s lawyer, Mahmud Pracha sounded angry and indignant. Talking to the media, who mobbed him after the verdict, he said:
“What relief can this verdict offer to the survivor who has been gang-raped, whose father has been killed in custody, whose lawyer and two aunts have been murdered in a pre-planned road accident, who has been forced to try self-immolation, and is now fearing for the lives of her mother, husband and two children? She is running from pillar to post begging for justice, for the security of her family, while security for her had been withdrawn by the government. This is no victory!”
He said, “The CBI has only touched the tip of the iceberg. I have a whole lot of other facts to bring to the notice of the court, but the CBI has deliberately avoided making us party in this case, which is required in law. The CBI has not spoken to me (even) once. Bas saans lene ka samay mila hai hame, koi raahat nahin mili hai. (Just a little time to breathe has been provided, there is no relief.) I will make a fresh appeal, but I am disappointed with the verdict.”
Senior Supreme Court lawyer Prashant Bhushan contended that a chance should have been given to the survivor to present her view, which was not done.
Writer and civil rights activist, Seema Azad said: “The Unnao rape case is not merely a case of rape. It involves rape, the killing of the victim’s father after the rape, and repeated attempts to murder the victim and other members of her family. On the whole, it is a case that reflects the complete abuse of power and intimidation that comes with Kuldeep being an MLA. Therefore, setting aside the punishment at the appellate stage amounts to forcibly subverting the law through power and influence. In this context, staying the bail order is welcome. This was possible only due to public protests and pressure.”
The struggle is long, protracted, and complex. However, students and activists, and outraged young, men and women citizens, have resolved to get justice, to not allow this goonda raj of rapists and murderers call the shots, backed by certain sections of the establishment.
Indeed, it is now widely believed across the country that the Delhi High Court judgement was surprising, shocking and outrageous. Even those hitherto silent, are now rallying to fight for justice, and ready to face the risks that it will involve.
If our daughters are not safe in this country, than the entire society should stand up in outrage and protest -- relentlessly -- till the criminals are punished, and the survivor, her mother, and her family get justice.
The world champion women wrestlers fought such a long, protracted and peaceful struggle against a notorious BJP bahuabali, Brijbhushan Singh, who is still in the BJP, and is reportedly backing Sengar. Given their dogged resolve, there is no doubt that Ankita Bhandari’s family, friends and supporters in Uttarakhand, and the Unnao survivor, her mother and family and women’s groups/students, and others, are going to fight it out till the finish.
Meanwhile, a meeting of the United Forum Against Patriarchy and Fascism has decided to intensify the movement supporting the Unnao survivor in as many ways as possible, through press meets, social media campaigns, street protests, memorandum to be sent to the chief justice of the apex court, as well as through public conventions on ‘countering increasing violence on women and impunity to the perpetrators’.
The fight has to be intensified and consolidated at all levels, across towns, cities and rural India, and progressive and democratic sections of society should actively participate and support this struggle for our daughters! There is no other option.
Box: Timeline of the case
4 June, 2017
A minor girl, 15 years and 10 months old, is called to BJP MLA Kuldeep Singh Sengar’s residence for a job. She is raped by the MLA, and in another incident, by his driver and another person. She is reportedly kidnapped and raped for a week.
The girl is threatened that her family would be killed if she revealed anything about the incident.
Later, she reveals it to her uncle who reports this to her mother. The mother files a complaint, naming Sengar. An FIR is lodged -- FIR No. 96/2018 at PS Makhi, Unnao; this takes more than two months.
April 2018
A case RC 08(S)/2018, dated 12.04.2018, came to be registered in the ACB, CBI, Lucknow Branch, by an order of the UP government.
No proper investigation is conducted. It seems to favour Sengar instead of the survivor.
Feb-April 2019
Mother of the survivor was constrained to approach the Court of Additional Sessions Judge, under the POCSO Act, Unnao, UP, alleging that inter alia the Appellant (Sengar) threatened the survivor to kill her and her family, and gave details of the incident that occurred on 04.06.2017.
Suddenly, a counter-complaint was filed against her father under the Arms Act. It was revealed later that a country-made pistol had been planted in his house to make a false case and thereby take him under judicial custody.
Kuldeep’s brother, at his behest, beats him brutally. The father dies in custody on 09.04.2019.
Sengar is booked under POCSO. Charges are framed under Sections 376/363/366/506 of the IPC read with Sections 5(c) and 6 of the POCSO Act. The Trial Court observed that a “public servant” is one who enjoys an official position, status and is mandated to perform certain duties under the Constitution, being a state functionary. The definition or import of the words “public servant” is to be understood in the overall context of the POCSO Act, so that if an MLA or elected representative is found to have committed such offence, he would be covered by of Section 5(c) ) of the POCSO Act, in line with Section 42A of the POCSO Act.
16 Dec, 2019
Sengar is convicted and given life term and is imposed a fine of 25 lakhs, plus an additional compensation of Rs 10,00,000 -- payable to the mother of the survivor.
Against the Impugned Judgment as well as the order on sentence, the Appellant approached the High Court by way of the Criminal Appeal No. 53 of 2020, which is pending adjudication.
2022
An application was filed by the Appellant under Section 389(1) read with Section 482 of the Code of Criminal Procedure, 1963, seeking regular suspension of sentence during the pendency of the appeal.
Dec 23, 2025.
The Delhi High Court suspends sentence of Sengar.
Division Bench comprising Justice Subramoniam Prasad and Justice Harish Vaidyanathan Shankar of the Delhi High Court had pronounced this order for the suspension of the sentence.
The order said that the convict had already served seven years and five months. He was also serving a sentence of 10 years in a separate case related to the death (custodial murder) of the survivor’s father. His appeal in that case as well as appeal against the life sentence is still pending.
It said that the girl was not a minor and that an MLA would not come under the definition of a public servant. The high court, however, imposed several conditions while granting bail, including personal bond of Rs 15 lakh, three sureties not to enter within 5 km radius of the survivor’s residence and a strict bar on threatening the survivor or her mother.
Soon after the survivor’s relatives came out with the shocking story that some goons of Sengar came to their house and threatened them with dangerous consequences.
While, reportedly, supporters of the rapist and murderer celebrated, massive public outrage erupts across the country, with protests all over. Women’s groups and others join protests across the streets.
The survivor and her mother join the protests in Delhi and elsewhere. They, along with students and women protesters are arrested by the police in Delhi. Social media erupts in anger and shock.
The CBI appeals against suspension of sentence in the Supreme Court.
Dec 29, 2025.
Amidst national outrage, the Supreme Court stays the suspension of the sentence.
Special Public Prosecutor Tushar Mehta, on behalf of the CBI, argued that Sengar was a public servant at the time of the incident. Though public servant is not defined in the POCSO Act, the definition in IPC would apply. This would mean ‘in a dominant position over a child’. Also, that there was no proof to suggest that the girl was above 18 years of age.
Kumudini Pati has been Vice-President of the Allahabad University Students' Union, and has worked as one of the General Secretaries of the Indian People’s Front, the women's organisation, All India Progressive Women’s Association (IPWA), and as a Central Committee member of the CPI (ML)-Liberation. She is a well-known social and political activist and scholar based in Prayagraj, UP. She is also a freelance journalist and columnist on women's issues. She has edited the Hindi women's magazine Aadhi Zameen and the English bulletin Women's Voice for more than a decade.
This is part one of a two-part series on the rise of violence against women in contemporary India.