Supreme Court order a temporary relief, says lawyer of Unnao rape survivor

The Unnao rape case stands as a grim testament to the challenges plaguing India's criminal justice system, particularly when powerful individuals are involved. The Supreme Court's intervention, described by the survivor's lawyer as 'temporary relief,' signifies a crucial moment where the highest judicial authority stepped in to uphold the rule of law and protect a vulnerable victim. This case, spanning several years, has highlighted the intricate interplay between political influence, police accountability, judicial oversight, and the enduring fight for justice.

The background of the Unnao case is deeply disturbing. It began in 2017 when a then-minor girl from Unnao, Uttar Pradesh, accused Kuldeep Singh Sengar, a powerful MLA from the ruling Bharatiya Janata Party (BJP), of rape. Initial attempts by the survivor and her family to register a First Information Report (FIR) were met with alleged inaction and intimidation by local police. The family claimed that Sengar's political clout shielded him. The situation escalated dramatically when the survivor's father was severely beaten, allegedly by Sengar's brother and associates, and subsequently died in police custody in April 2018. This incident, coupled with the survivor's public self-immolation attempt outside the Chief Minister's residence, finally forced the case into the national spotlight and prompted the Uttar Pradesh government to transfer the investigation to the Central Bureau of Investigation (CBI).

Key stakeholders in this protracted legal battle include the survivor and her family, who have shown immense courage in their pursuit of justice despite facing severe threats and personal tragedies. The accused, Kuldeep Singh Sengar, a former four-time MLA, represents the nexus of political power and alleged criminality that often impedes justice. The Supreme Court of India emerged as a critical stakeholder, intervening suo motu (on its own motion) and after petitions, to ensure a fair trial and the safety of the survivor. The CBI, as the investigating agency, played a pivotal role in gathering evidence and filing charges. The Uttar Pradesh Police, initially criticized for their alleged complicity and inaction, also remained a stakeholder. Furthermore, activists like Yogita Bhayan, founder of 'Pari,' and the media played crucial roles in advocating for the survivor and keeping the case in public consciousness, thereby putting pressure on institutions to act.

This case holds profound significance for India. Firstly, it underscored the fragility of the rule of law when confronted by political power, raising questions about accountability and governance. Secondly, it exposed severe deficiencies in victim and witness protection mechanisms. The survivor faced multiple life-threatening incidents, including a suspicious car accident in July 2019 that killed two of her aunts and critically injured her and her lawyer, leading to widespread outrage and fears of evidence tampering. This highlighted the urgent need for a robust Witness Protection Scheme, which India finally put into effect in 2018. Thirdly, the Supreme Court's decisive intervention, including transferring all five related cases (rape, father's death, gang rape, accident, and framing of a relative) from Uttar Pradesh to Delhi, directing daily hearings, and ordering interim compensation and security for the survivor, reaffirmed its role as the guardian of fundamental rights and a bulwark against injustice. This judicial activism, often exercised under **Article 32** (Right to Constitutional Remedies) and **Article 142** (power to do complete justice), restored public faith in the judiciary, as noted by Yogita Bhayan.

Historically, the Unnao case resonates with other high-profile sexual assault cases, such as the 2012 Delhi gang rape (Nirbhaya case), which catalyzed significant legislative reforms like the Criminal Law (Amendment) Act, 2013, and subsequent amendments in 2018, enhancing penalties for sexual offenses. The Unnao case further tested the implementation and effectiveness of these laws, particularly concerning the Protection of Children from Sexual Offences (POCSO) Act, 2012, if the victim was a minor at the time of the incident. It also brought to the forefront the challenges related to **Article 21** (Right to Life and Personal Liberty), encompassing the right to dignity, fair trial, and a safe environment for victims.

Looking ahead, the future implications are significant. The Supreme Court's handling of the Unnao case sets a precedent for proactive judicial oversight in cases involving powerful accused and vulnerable victims, potentially strengthening the judiciary's role in ensuring fair play. It also puts continued pressure on law enforcement agencies for impartial investigations and on state governments to ensure victim safety and support. The case underscores the ongoing need for comprehensive criminal justice reforms, including police reforms and effective implementation of victim and witness protection programs. Furthermore, it serves as a stark reminder to political parties about the imperative of accountability for their members, impacting political discourse and possibly influencing candidate selection in future elections. The long-term rehabilitation and support for survivors of such horrific crimes also remain a critical area requiring policy focus, often covered under provisions like **Section 357A of the CrPC** for victim compensation schemes. The Unnao case, therefore, is not just a legal battle but a profound social and political commentary on India's journey towards a more just and equitable society.