Unnao Rape Case: Delhi court orders survivor to curtail her movement evoking sharp criticism from women’s rights groups

New Delhi, August 10: Women’s rights groups have termed a recent order passed by a Delhi District and Sessions Judge allegedly curtailing the Unnao rape survivor’s movement as discriminatory. They feel that the strange directive on her free movement, until the case is settled, is beyond the jurisdiction of the court of law and has come in for sharp criticism by them.  

"No one will go out unnecessarily. How can the court define and decide what is necessary for the rape survivor? It’s the state’s responsibility to protect the lives and livelihoods of this family," said Annie Raja, general secretary of National Federation of Indian Women.

Another senior women’s rights activist (unwilling to be named) said, “The Constitution of India provides the right of free movement to its citizens. The courts have no authority to restrict the movement of the citizens particularly those who passed through ordeal like rape. Such an order would not go down well in judicial precedence.”

The Principal District and Sessions Judge Dharmesh Sharma on Monday had directed the Unnao rape survivor, who has been provided security (under directives of Supreme Court) by the Central Reserve Police Force (CRPF), to step out only when necessary, until the case was over. He further added that she should inform her personal security officers (PSO) before going out.

These directions were in response to an application filed by the rape survivor in which she had alleged harassment by these PSOs. The victim had also complained, that the PSOs were curtailing her movements and not allowing her to enjoy her fundamental right to free movement.

"Inform them (security officers) before going out. They are deputed for your security. You must plan in a way that you don't have to venture out every day. Go out only when necessary. You must take precautions until the case is over”, the judge said in his order while taking into consideration the submissions of the victim who had approached the court accusing the PSOs of misbehaving with her.

The court also said that the survivor and her PSOs have agreed to amicably resolve the issue.

According to the judge for now, “the prosecutrix is impressed upon to ensure that whenever she or family members wish to go outside Delhi in connection with any pending case, they would communicate it to CRPF Assistant Commandant so that proper security arrangements and escorts could be made.”

The court order also adds that in case she or family members wish to meet their counsel for the pending cases, they would make sincere efforts to inform the schedule a day before.

The woman was kidnapped and raped by BJP MLA Kuldeep Singh Sengar in 2017, then she was a minor... Later, on December 20, 2019, Sengar was sentenced to jail for the "remainder of his natural biological life in the rape case.

It was in 2019, that the Supreme Court had directed that the survivor, her mother, and other members of the family be provided security by the CRPF. Today, it is these very PSOs and the Survivor who are at loggerheads with each other on her safe and free movement.

The survivor and her family have had to face a long and painful ordeal in their quest for justice. Her father was assaulted by Sengar’s brother and later arrested on false charges. In April 2018, he died in police custody. Residents of Unnao at the time had also held a rally in favor of the accused – who was a part of the ruling party in the state.

It was only after the woman’s father passed away that the police started taking action against Sengar.

More recently, the survivor’s car was hit by an empty truck with its registration plate scrubbed on its way to Rae Bareli. The woman’s two aunts succumbed to the injuries they sustained during the accident. She and her lawyer, Mahendra Singh, were also badly injured. CBI’s findings indicate that there was no foul play in the accident, and recently a court after thorough review upheld these findings.