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.