Rape of Justice?

     Today, on the birthday of Jesus Christ and Bharat Ratna Shri Atal Bihari Vajpayee, something within me compelled to write about the Hon'ble Delhi High Court judgement two days before on 23rd Dec, 2025 about the Unnao Rape Case involving Kuldeep Singh Sengar, an MLA. HC suspended his sentence till his appeal may be finalized. 

    He was convicted under POCSO Act and sentenced life imprisonment by trial court. But Hon'ble HC observed that he is not a public servant as per the technical definition under POCSO sections and trial court has erred in their interpretation of public servant under POCSO and thereto, his sentence has been reduced to 07 years. Since, he has already served more than 07 years in jail, his sentence has been suspended and he was set free.

        

    The moot question here what judges should be pondering is whether travesty of justice should not be meted out to any innocent poor and justice seeking ordinary citizen. In this case, perhaps, not only this rape convict has been set free on bail, but rape of justice may have been occurred and victim of this rape would be the faith of common people in the judicial system. 

    The objective of this blog is not the cast aspersions on the pertinent judges but to highlight the problems plaguing our criminal justice system. The faith of the people in our justice system has been eroding fast. Is not the ultimate aim of the justice to be fair and just, if not speedy. But here, the trial is still going on and it is hilarious that the age of the victim is still subject matter of scrutiny. Already, more than 07 years have gone into the judicial proceedings and courts have not been able to ascertain the age of the poor victim. This is not acceptable at all. How long the people of this great country continue to see the rape of justice through such long drawn processes. 

    As rightly pointed out recently by Mr. Sanjiv Sanyal, ex CEA and many others, overhaul and reforms in judicial system of India is long overdue and should be at the topmost priority of the Government and pertinent stakeholders. Instead of doing some denting and painting of the law of the land, we need reform and reset of the laws. Besides, the training modules of the judges and topmost bureaucrats needs to be deeply rooted in Indian values and ethos who may wear western clothes and speak western languages but truly Indian in spirit. 

    To conclude, I must mention here that our country also needs informed, aware and courageous civil intelligentsia which shall keep poking the incumbent regime and its leaders to make necessary amendments in the laws/rules/procedures etc. 

    Always remember, "धर्मो रक्षति रक्षितः"