SC rejects govt plea; Refuses to withdraw CRPF security for Unnao rape survivor
New Delhi: The Supreme Court on Tuesday refused to withdraw the CRPF security cover provided to the Unnao rape survivor, citing continued security concerns. However, it ruled that the protection given to her family members and other witnesses could be removed, as the trial had already resulted in the conviction of former BJP MLA Kuldeep Singh Sengar.
A bench of Justices Bela M Trivedi and P B Varale stated that while the survivor’s protection would remain in place until further notice, her family members and witnesses could seek assistance from local police if they still felt threatened.
Background of the Unnao Case
The Unnao rape case dates back to June 4, 2017, when a 17-year-old girl was gang-raped in Unnao, Uttar Pradesh. Former BJP MLA Kuldeep Singh Sengar was convicted for the crime on December 16, 2019, and sentenced to life imprisonment four days later. The case became widely publicised due to the delays in justice and the threats faced by the survivor and her family.
The survivor had attempted to self-immolate outside the residence of Uttar Pradesh Chief Minister Yogi Adityanath in April 2018, alleging police inaction and harassment. Her father was subsequently arrested on false charges and later died in judicial custody due to injuries inflicted in police custody.
The Central Bureau of Investigation (CBI) filed two chargesheets in the case—one in July 2018 against Sengar for rape, and another shortly after accusing Sengar, his brother, three policemen, and five others of framing the survivor’s father.
In July 2019, the survivor was critically injured in a suspicious truck collision that also killed two of her relatives. It was later revealed that the family had been receiving threats and had written to the Chief Justice of India seeking protection.
Supreme Court’s ruling on security cover
Following public outrage, the Supreme Court had ordered CRPF security for the survivor, her family, and their lawyer in August 2019. The Centre recently filed a petition requesting the withdrawal of CRPF protection, arguing that the security review indicated no significant threat.
During the hearing, Additional Solicitor General Aishwarya Bhati, representing the Centre, stated that either Delhi or Uttar Pradesh police could provide security if required. The Uttar Pradesh government confirmed that the survivor and her family currently reside in Delhi.
While the Supreme Court accepted the Centre’s argument for withdrawing protection for the survivor’s family members and witnesses, it rejected the plea to remove security for the survivor herself. "We make it clear that the CRPF cover for the victim shall continue till further orders of this court," the bench ruled.
The court acknowledged that security for family members and witnesses was initially provided due to the serious threats they faced, but concluded that the circumstances had changed following Sengar’s conviction. The ruling ensures continued protection for the survivor while allowing her family to seek local police assistance if needed.
The Unnao case remains a landmark in India’s legal history, highlighting the challenges faced by rape survivors in securing justice and protection. While Sengar is serving a life sentence, the case continues to serve as a reminder of the systemic failures in law enforcement and the need for better safeguards for survivors of sexual violence.