A Tale of Two Uttar Pradeshes: Sengar’s Relief Spotlights a Justice System in Crisis

New Delhi, December 25, 2025 – In a controversial ruling that has reignited national fury, the Delhi High Court has suspended the life sentence of former BJP MLA Kuldeep Singh Sengar, convicted for the brutal 2017 rape of a minor girl from Unnao, Uttar Pradesh. The court’s decision, predicated on the argument that Sengar is not a “public servant” under the POCSO Act, has drawn scathing condemnation from the victim’s family, women’s rights organizations, and opposition leaders, casting a long shadow over India’s fight for judicial accountability and women’s safety.

The ruling marks a devastating setback for the survivor, whose eight-year battle for justice has been marred by unimaginable tragedy: the custodial death of her father, a deadly attack on her life that killed her aunt, and now, the prospect of her convicted rapist walking free on bail.

The Legal Loophole: How a ‘Public Servant’ Escaped Stricter Punishment

The core of the High Court’s December 2025 order lies in a 53-page legal interpretation. The trial court had sentenced Sengar to life imprisonment under the stringent “aggravated penetrative sexual assault” clause of the POCSO Act, which applies when a crime is committed by a person in a position of trust or authority, like a public servant.

The High Court diverged, stating that an elected MLA does not fall into the category of a “police officer or government employee” under the specific subsection of the law. Consequently, the court ruled that Sengar should have been tried under the Act’s general rape provision, which carries a minimum sentence of seven years. Having already served approximately seven and a half years in prison, Sengar met this threshold, leading the court to suspend his life sentence pending a final appeal hearing scheduled for January 2026.

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Legal experts and activists have slammed this reasoning as a gross misreading of power dynamics. “He used the promise of a job to lure her. He wielded immense influence as an MLA to obstruct the FIR and harass the family. If this is not a position of authority exploited for crime, what is?” questioned a representative from the All India Progressive Women’s Association (AIPWA).

A Saga of Tragedy and Intimidation: The Unnao Survivor’s Ordeal

The legal maneuverings stand in stark contrast to the harrowing narrative of the crime and its aftermath. In June 2017, Sengar, then a powerful BJP legislator, allegedly raped a teenage girl after promising her employment. What followed was a chilling cover-up exposing the collapse of state machinery.

The girl’s father was brutally assaulted by Sengar’s associates, arrested on false charges, and denied medical care in police custody, leading to his death. The survivor’s attempt to seek justice was met with lethal retaliation; in July 2019, a truck rammed into a car carrying her, her family, and her lawyer. Her aunt was killed, and the survivor and her lawyer suffered critical injuries. At the time of the attack, the Central Reserve Police Force (CRPF) security provided to them by a Supreme Court order was inexplicably absent.

“After the brutality, her father died in police custody, her aunt and lawyer were killed in a car accident, she suffered over 100 stitches, broken bones, was on a ventilator… and now this? What kind of justice is this?” cried women’s rights activist Yogita Bhayana, articulating the nation’s outrage on social media.

“Yogi Raj” Under Fire: A State’s Disturbing Track Record

The Unnao case has become the grim emblem of a deeper crisis in Uttar Pradesh under Chief Minister Yogi Adityanath’s BJP government. Data from the National Commission for Women (NCW) for the first quarter of 2025 reveals a shocking reality: over 50% of all complaints received nationwide—3,921 out of 7,698—came from Uttar Pradesh alone.

Samajwadi Party chief Akhilesh Yadav has relentlessly criticized the administration, stating, “Crimes against women are continuously increasing in the state. Sisters and daughters are not safe. The BJP government has nothing but lies and false data. The entire state is in the grip of corruption.” He accuses the government of providing political protection to criminals, thereby ruining the state’s law and order situation.

Recent incidents substantiate these charges. In a series of bewildering actions in Badayun district, police arrested the mothers of minor boys accused of harassing a girl, arguing the parents failed to impart “good values”. In another case, they jailed the fathers of boys accused of a prank at school. Legal experts have condemned these acts as punitive and extralegal, highlighting a police force that appears confused and overzealous against the powerless while seemingly lenient towards the connected.

The Fight Continues: Protests and a Demand for Supreme Court Intervention

In response to the High Court’s order, the survivor and her mother, alongside activists, held a protest at India Gate in Delhi, only to be removed by police. Their silent demonstration posed a powerful, uncomfortable question to the nation’s conscience.

The All India Progressive Women’s Association has called for nationwide protests, demanding the immediate cancellation of the suspension order and urging the Central Bureau of Investigation (CBI) to appeal to the Supreme Court. They warn that this verdict sets a dangerous precedent, allowing influential criminals convicted of heinous crimes to leverage legal technicalities for freedom.

For the young woman from Unnao, the fight is a solitary and terrifying one. Yet, her unwavering courage in the face of a monstrous system continues to motivate a nation. Her struggle is no longer just for personal justice; it has become the battleground for the soul of India’s judicial integrity and the safety of every woman who dares to hope for equality before the law.

Key Quotes:

• On the Judgment: “This verdict sets a dangerous precedent, allowing influential criminals convicted of heinous crimes to leverage legal technicalities for freedom.” – AIPWA Statement

• On UP’s Law & Order: “The BJP government has nothing but lies and false data. The entire state is in the grip of corruption… criminals have the protection of power.” – Akhilesh Yadav, SP President

• On the Survivor’s Suffering: “After the brutality, her father died in police custody, her aunt and lawyer were killed… and now this? What kind of justice is this?” – Yogita Bhayana, Activist

• ತೀರ್ಪು ಕುರಿತು: “ಈ ತೀರ್ಪು ಅಪಾಯಕಾರಿ ಪೂರ್ವಭಾವಿಯನ್ನು ಸೃಷ್ಟಿಸುತ್ತದೆ, ಘೋರ ಅಪರಾಧಗಳಿಗೆ ದೋಷಿಯಾಗಿರುವ ಪ್ರಭಾವಶಾಲಿ ಅಪರಾಧಿಗಳು ಕಾನೂನು ತಂತ್ರಗಳನ್ನು ಬಳಸಿಕೊಳ್ಳುವಂತೆ ಮಾಡುತ್ತದೆ.” – ಅಖಿಲ ಭಾರತ ಜನವಾದಿ ಮಹಿಳಾ ಸಂಘಟನೆ

• ಯುಪಿ ನ್ಯಾಯ ವ್ಯವಸ್ಥೆ ಕುರಿತು: “ಬಿಜೆಪಿ ಸರಕಾರದಲ್ಲಿ ಭ್ರಷ್ಟಾಚಾರದ ಹಿಡಿತವಿದೆ… ಅಪರಾಧಿಗಳು ಸತ್ಪ್ರತಿಷ್ಠೆಯ ರಕ್ಷಣೆಯನ್ನು ಹೊಂದಿದ್ದಾರೆ.” – ಅಖಿಲೇಶ್ ಯಾದವ್

• ಬಾಲಿಕೆಯ ಕಷ್ಟಗಳ ಕುರಿತು: “ಈ ಬಾಲಿಕೆ 100 ಟಾಂಕಾ ಹಾಕಿಸಿಕೊಂಡಳು, ಅನೇಕ ಮೂಳೆಗಳು ಮುರಿದವು… ಈಗ ಇದು ಯಾವ ತರಹದ ನ್ಯಾಯ?” – ಯೋಗಿತಾ ಭಯಾನಾ, ಕಾರ್ಯಕರ್ತೆ