Explained | What is the Unnao rape case and why Kuldeep Singh Sengar got bail

The Unnao rape case is one of the most disturbing criminal cases in recent Indian history, involving a powerful political leader, allegations of institutional failure, and a long legal battle fought by a minor survivor and her family.

The crime:

Kuldeep Singh Sengar, a former Bharatiya Janata Party (BJP) MLA from Unnao, Uttar Pradesh, was accused of raping a 16-year-old girl on 4 June 2017. According to the survivor, she had approached Sengar seeking help for a job when he sexually assaulted her.

After repeated attempts to seek justice failed at the local level, the case drew national attention. On 13 April 2018, the Allahabad High Court took suo motu cognisance of the matter and ordered the Central Bureau of Investigation (CBI) to arrest Sengar. Multiple FIRs were subsequently registered, and Sengar was placed in judicial custody.

The CBI investigation corroborated the survivor’s allegations. Sengar was charged under multiple sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.

In December 2019, a Delhi trial court convicted Kuldeep Singh Sengar of kidnapping and raping a minor, sentencing him to life imprisonment.

Murder and attempt to murder charges:

The case took a darker turn on 28 July 2019, when a truck rammed into a car carrying the survivor, her lawyer, and two of her aunts in Uttar Pradesh. The two aunts were killed on the spot, while the survivor and her lawyer sustained critical injuries.

Following the incident, Sengar was booked for murder, attempt to murder, criminal conspiracy, and criminal intimidation. The FIR named 10 accused, including Sengar’s brother Manoj Singh Sengar, aide Shashi Singh, and others.

In the wake of the rape conviction, Sengar was suspended from the BJP.

The current scenario: How did he get bail?

The recent controversy erupted after the Delhi High Court suspended Sengar’s sentence, leading to his release on bail. While doing so, the High Court ruled that Sengar’s former status as an MLA does not make him a ‘public servant’ under Section 21 of the IPC.

Sengar had been sentenced to life imprisonment in December 2019 under Section 376(2) of the IPC and Sections 5(c) and 6 of the POCSO Act, which prescribe enhanced punishment when the offender is a person in a position of authority or trust.

During the hearing, the CBI admitted that in an earlier case, the Supreme Court had ruled that an MLA is not a public servant under Section 21 of the IPC. Relying on this legal position, the High Court quashed the application of Sections 5(c) and 6 of the POCSO Act against Sengar, stating that since he was not a public servant, he could not be sentenced under these aggravated provisions.

The larger question:

The ruling has sparked widespread outrage and raised serious questions about the Indian legal system:

1. Does this interpretation mean that MLAs and elected representatives enjoy de facto immunity from stricter punishment when they commit heinous crimes like rape?
2. Will this “technical definition” of a public servant weaken accountability for lawmakers?
3. How is it justified that protesters and activists are jailed, while a convicted rapist with political influence is granted bail?
4. Is the justice system failing survivors, especially when the accused are powerful?

Many critics argue that while the ruling may be legally technical, its moral and social implications are deeply troubling.

Survivor meets Rahul Gandhi:

Following the High Court’s decision, the Unnao rape survivor met Leader of Opposition in the Lok Sabha and Congress MP Rahul Gandhi.

Expressing her anguish, she said:

“He (Rahul Gandhi) assured me that he stands with us. A rapist getting bail, that too from the High Court, is shocking. My only hope now is the Supreme Court. I have attended every hearing and believe the CBI IO is compromised. I will move the Supreme Court and have faith that justice will be done. I want to meet the PM and the CM. People should see what a rape survivor goes through.”

What lies ahead:

The survivor is now preparing to approach the Supreme Court, hoping that the country’s highest judicial authority will revisit the interpretation of law and restore faith in justice.

The Unnao rape case remains a stark reminder of how power, politics, and legal technicalities can collide with the fundamental rights of survivors—and why the demand for judicial reform and accountability continues to grow louder.

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