Peer-reviewed article
Sexual violence, the state, and the justice system: An unfolding tale of moral degradation in India.
Sunita Sheel Bandewar ·
Summary
Written by AI, not yet AICS's view ·Key points
Limitations
Abstract
On December 23, 2025, the Delhi High Court (HC) issued an order suspending the life sentence of Kuldeep Singh Sengar - convicted in 2019 for the rape of a minor Dalit girl, and for the death of her father, following an assault in custody by Sengar's brother and others - and approving his bail application in the rape case [1]. On December 29, 2025, after public protests, the Supreme Court of India (SC) stayed the Delhi High Court order [2], giving some respite to the survivor and her family. Even so, the Delhi HC order raises several concerns which could weaken public trust in the justice delivery system, particularly regarding sexual crimes against women and children. The Delhi HC decided that, regardless of the serious crime, as a legislator, Sengar could not be considered a "public servant". Hence, a life sentence for child rape by a public servant, mandated by the law, was not applicable to Sengar. Further, as he had already served jail time for over 7 years - the minimum sentence for rape of a child - the HC remitted the sentence [1].