On May 11 came reports that the CBI had confirmed charges of rape against BJP MLA Kuldeep Singh Sengar in the Unnao gang-rape case of a teenager. Within a few hours, the CBI came out with a statement that probe into the case was still on, and that “all such stories related to Unnao case published/broadcast in the media recently are purely speculative.”

The CBI statement denying confirmation of rape charges against Sengar. Photo: screenshot

This raises two important points. Unnao is a highly sensitive, political, publicised case, involving the ruling party’s legislator as the main accused. It was handed over to the CBI a month ago. The media reports quoted “CBI sources”. Was the confusion just botched-up communication, or something more sinister?

More importantly, why does Sengar continue to remain a member of the ruling party, when even the Allahabad high court has recognised that he has used his position and power to sabotage investigation into the case?

The Unnao case is horrific. In June last year, a teenager was allegedly gang-raped, and for almost a year, her family terrorised by the powerful accused. On April 8, she tried to immolate herself near the state chief minister’s residence, after which her case received widespread media attention. A day later, her father was found dead in police custody.

I demand death penalty for BJP MLA Kuldeep Singh Sengar for raping me and for murder of my father: #Unnao rape case victim pic.twitter.com/iwwa6YM8QV — ANI UP (@ANINewsUP) May 11, 2018

We demand protection for our family so that we can give our statement before the court fearlessly. We demand death penalty for Kuldeep Sengar: #Unnao gang-rape case victim's uncle on reports of CBI confirming rape charges against BJP MLA Kuldeep Sengar pic.twitter.com/Pjvku7bJ5B — ANI UP (@ANINewsUP) May 11, 2018

Gestures matter, they signal intent. The least the BJP should have done was throw Sengar out of the party. Instead, the administration did not even attempt to hide its utter prostration in front of him. While the state DGP addressed Sengar as “respected MLA”, it took three days, massive outrage, media attention, and the high court’s involvement for the government to hand over the case to the CBI, which finally added his name to the FIR and arrested him.

The BJP speaks of beti bachao. Yet, this is not the only rape case where party the party has thrown its formidable weight behind the accused. Its leaders routinely come up with regressive and insensitive statements on gender crimes.

The BJP is also a politically astute party. Why does it, then, make so many missteps where crimes against women are concerned? Are they just mistakes, or do they stem from the confidence that such incidents won’t affect its popularity?

Or is the reason even more dangerous – the party is using its tremendous support base and reach to fashion a new normal, where the victor takes all, where women are lesser citizens, and where conditions of caste, gender, religion apply to human dignity and right to equality?

Happenings of just the past few months are worrisome enough. The UP government did all it could to shield Sengar. The Kathua gang-rape shook the nation’s conscience, but the BJP promoted the MLA, Rajiv Jasrotia, who had backed the accused, and the Jammu and Kashmir’s new deputy CM termed it a “minor incident”.

Before that, Union minister of state for labour and employment, Santosh Gangwar, had said that “brouhaha should not be created over one or two rape cases in a big country like India”.

Just a few days ago, two BJP workers were booked in a rape case in Madhya Pradesh.

On May 10, reports surfaced from Baghpat in UP that a girl was being harassed by a BJP leader’s son, and the police were not helping.

The BJP is also the party with most number of MPs and MLAs accused of crimes against women. These are not co-incidences. They signal either indifference or malice.

Even the Allahabad high court has recognised that Sengar has used his power to sabotage investigation into the case. Photo: ANI

Last year too, we had seen the BJP close ranks when the son of the Haryana state unit chief was accused of stalking and harassing a woman, Varnika Kundu. The case saw a similar obstruction of the judicial process, and took a spirited fight from the woman and her family to get the accused arrested. Prominent leaders from the BJP, including Kirron Kher and Shaina NC, tried to shame the victim into silence.

Varnika and her family showed a lot of courage in the face of the sustained onslaught. Their social mores – Varnika is the daughter of an IAS officer – gave them the empowerment the Unnao victim lacks.

The point, however, is that it should not matter. The Constitution guarantees equal rights to every citizen. Trial in the court of law should not be a battle between the social and economic privileges of the victim and the accused.

The responsibility to ensure this is of the government. It is this responsibility that the BJP, as the party ruling the country and most states, is failing in, or refusing to accept. Government data shows that 99 per cent cases of sexual assaults go unreported, in the country. This is to a large extent because victims fear further harassment and humiliation from law enforcement authorities.

When a hugely popular government shows it is willing to shield rape-accused after calculating the costs, and the administration actively works in favour of the accused, what message does it send to the society?

The Beti Bachao slogan is laudable. Perhaps the BJP government could start by saving daughters from its own leaders and ministers.

Also read: Disturbing questions that high court asked Adityanath government in Unnao rape case