Supreme Court Seeks Responses from Unnao Rape Survivor & her Family on Centre’s Plea to Withdraw CRPF Security

Today(24th Sept),The Supreme Court of India has requested a response from the 2017 Unnao rape survivor and her family regarding the Central government’s plea to withdraw their CRPF security, originally ordered in 2019. This security was established following the conviction of Kuldeep Singh Sengar, a BJP leader, for the crime.

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Supreme Court Requests Responses from Unnao Rape Survivor and Family on Centre's Plea to Withdraw CRPF Security

NEW DELHI: Today(24th Sept), The Supreme Court of India asked for a response from the 2017 Unnao rape survivor and her family regarding a plea filed by the Central government, which seeks the withdrawal of the CRPF (Central Reserve Police Force) security cover that was previously provided to them. This security arrangement was ordered by the apex court in 2019 following the high-profile case involving Kuldeep Singh Sengar, an expelled BJP leader, who is serving a life sentence for the abduction and rape of a minor girl in Uttar Pradesh’s Unnao district in 2017.

Background of the Case

The case garnered national attention due to the horrific nature of the crime, political involvement, and the subsequent threats to the survivor and her family. Following the incident, the

on August 1, 2019, recognizing the gravity of the situation and the threats to the victim’s life, had ordered CRPF protection for the survivor, her mother, her family, and their lawyer. This security provision was deemed crucial at the time due to the influence and power wielded by Sengar.

The Supreme Court, while hearing the Centre’s plea to withdraw the security, asked the victim and her family to file their response to the application.

A bench consisting of Justices Bela M Trivedi and Satish Chandra Sharma presided over the hearing. The bench acknowledged the Centre’s plea and directed that the petition be served to the rape survivor and her family for their input. However, the court noted that there appears to be minimal threat perception at present.

Justice Trivedi observed that-

“as there is barely any perceived threat, it intends to close the case.”

signaling the court’s inclination to re-evaluate the need for the ongoing security cover.

The Centre’s counsel, presenting their position, stated that based on a threat analysis conducted, “no security cover is needed according to the threat analysis of the victim and her family members.” This threat assessment, conducted by the relevant agencies, formed the basis of the Centre’s request to withdraw CRPF protection.

Advocate Ruchira Goel, representing the Uttar Pradesh government, further informed the court that, following the incident and the apex court’s orders, the entire trial had been transferred from Uttar Pradesh to a Delhi court. When questioned about the current residence of the victim and her family, Goel responded that –

“the woman and her family stay in Delhi.”

The issue of the CRPF security cover withdrawal was raised earlier this year. On May 14, the Supreme Court had directed the Centre to file a separate application specifically addressing the withdrawal of CRPF protection for the survivor, her family members, and their legal counsel.

The Centre has now proposed that, instead of CRPF personnel, the security cover could be provided by either the Delhi Police or the Uttar Pradesh Police. The government argued that there is no need for a specialized paramilitary force like the CRPF to continue providing protection and requested that they be “permitted to withdraw.”

Unnao Rape Case: Timeline

The Unnao rape incident and the associated legal battles have been lengthy and complex. In 2019, the Supreme Court took a proactive role in ensuring justice for the survivor. It transferred all five cases linked to the rape from a Lucknow court to Delhi with strict instructions for the trial to proceed on a day-to-day basis. The court had directed that the trial be completed within 45 days, ensuring a fast-tracked process to deliver justice.

Furthermore, the Supreme Court ordered the Uttar Pradesh government to provide the survivor with Rs 25 lakh as interim compensation, acknowledging the trauma and threats faced by her and her family. In addition to the trial transfer, the court had also mandated the CBI to conclude the investigation into the car accident that occurred during the case. This accident left the survivor and her lawyer critically injured, while two of her aunts lost their lives. It was widely speculated that the accident was an attempt to silence the victim and her family.

The gravity of the case escalated further when the survivor’s father was arrested in 2018 under the Arms Act. Shockingly, he died in police custody on April 9, 2018, further intensifying the accusations against Sengar and his associates.

Kuldeep Singh Sengar’s troubles continue, as he remains convicted for the abduction and rape of the minor. In December 2019, a trial court in Delhi sentenced him to life imprisonment, ruling that he would serve the remainder of his natural life behind bars. Despite his conviction, Sengar has sought the quashing of the trial court’s judgment, and his appeal is currently pending in the Delhi High Court.

Sengar was also convicted for his role in the custodial death of the survivor’s father. On March 13, 2020, he was sentenced to 10 years of rigorous imprisonment for the father’s death, with an additional fine of Rs 10 lakh. His brother, Atul Singh Sengar, along with five others, was also handed a 10-year jail term in connection with this case.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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