It wasn’t that long ago so I imagine that many of us will remember the 2017 Unnao Rape case.
After a huge public uproar the Courts finally tried and sentenced a BJP MLA called Kuldeep Sengar to a life sentence.
Justice done?
Umm, well sort of. Because earlier this week the Delhi High Court suspended his sentence. Sengar need not stay in jail while his appeal was being heard. He could, if he so desired, live a life of luxury in Delhi till there was progress in the appeal.
As appeals can take a very long time this could mean that Sengar would resume his normal life. Depending on the views of the Court he might eventually be found innocent whenever his appeal is heard.
Fortunately Sengar can’t actually be released just yet. A second crime also occurred. The father of the minor girl whose rape Sengar was convicted of was killed in custody. The poor man was picked up by the police and framed in an arms case. He died in custody.
Sengar was convicted in that case too and sentenced to ten years in prison. Unless the sentence in that case is also suspended Sengar can’t get out. But, no doubt, his team is hopeful on that score too.
So, if all goes according to plan we will soon have, living happily in our midst, a powerful politician who was convicted of raping a minor and of then having her father bumped off.
Welcome to justice in India.
There was a time, around 50 years ago, when powerful people got away with anything. Then, thanks to judicial interventions, public pressure and an aggressive media, the authorities began to get tough with VIP murderers and rapists. They were often arrested, convicted and sent to jail.
Lately, however, the tide has turned. The new rule for powerful persons or those who serve a particular ideology is; so what if you have been found guilty and sent to jail? We will get you out in no time at all. And if you have been convicted of rape, oh well, that’s the easiest to fix.
| "I don’t think anyone can miss the message from the authorities: if you want to rape women or children then remember that even if the Courts find you guilty you needn’t worry." |
Take the case of Asaram Bapu the so called ‘saint’ who was convicted of rape of a minor and sent to jail. He gets parole so often that instead of spending public money on an extensive prosecution and going through the motions of sentencing him to prison, the government might as well have put him on a private jet and sent him to a waterside villa in the Maldives to enjoy the rest of his days. Because in effect, that is the kind of privilege and luxury being offered to a man who was convicted of sexually assaulting children.
And how about Ram Rahim who has also been convicted of crimes against women and sentenced to 20 years in prison?
I doubt if the so called baba has much experience of the inside of a jail cell. Not only is he routinely given parole, the furloughs are long term: he can spend 40 days out a time. Every time there is an election where he might be useful he is allowed to put on his costume and go out to influence voters.
I don’t think anyone can miss the message from the authorities: if you want to rape women or children then remember that even if the Courts find you guilty you needn’t worry. We will make you a nice little nest in prison, you can go on vacation as long as you like and hey! Your sentence may be suspended! So enjoy!
Is this Beti Bachao? Or is it Beti Hamare Se Bachao?
The trend of pampering and shielding powerful rapists and child molesters has now gone even further.
In 2015 much of India was horrified to learn that Mohammed Akhlaq, a Muslim man had been lynched to death on suspicion that he had beef in his house. The case made global headlines because it pointed to the direction that India was taking. The government said it was horrified, rounded up the men it said were the murderers and put them on trial. That trial has slowly chugged along. But two months ago the UP government sprung a surprise. It told the Court that it wanted to withdraw the prosecution.
The judge was horrified and fast tracked the trial instead.
But you can ask yourself the obvious question; can a prosecution that wants to withdraw all charges mount an effective case? I think we know which way this case will go.
There are many issues at stake here from equality before the law, to the nature of justice in today’s India, to the communal agenda, to protection of minors from sexual assault.
I don’t need to go into all of them. But I will ask two questions: if this is how the law is used, only for the benefit of the politically influential then what hope is there for the ordinary Indian? Can we really expect justice unless we are politically well connected?
And what about the helpless children of India? Are they just fair game for perverted political predators?
I think you already know the answers to both questions.
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