Bilkis Bano case

During the 2002 Gujarat riots in India, Bilkis Bano, a five month pregnant mother of five, fled her home in the village of Randhikpur with her family, including her husband and three year old daughter Saleha, in an attempt to escape the violence sweeping the region after the Godhra Incident. The group sought refuge in the Chhaparvad but were attacked by a mob of 20-30 men armed with sickles, swords, and stones who killed seven members of her family, including her young daughter.[1]

Bano herself was subjected to sexual violence. Eleven men from the mob gang-raped her, along with her mother and three other women. However, she survived the attack and her case gained national and international attention, as an indictment of the systemic failures in addressing violence and crimes against women during heightened communal tensions and the struggle for justice and accountability in India thence.

Criminal proceeding

After the police dismissed the case against her assailants, Bano approached the National Human Rights Commission of India and petitioned the Supreme Court seeking a reinvestigation. The Supreme Court granted the motion, directing the Central Bureau of Investigation (CBI) to take over the investigation. The CBI appointed a team of experts from the Central Forensic Science Laboratory (CFSL) Delhi and All India Institute of Medical Sciences (AIIMS) led by Professor T. D. Dogra to exhume the mass graves to establish the identity and cause of death of the victims, successfully doing so.[2]

The trial of the case was transferred out of Gujarat on the fears of bias in the judiciary towards the perpetrators and into a court in Maharahstra in August 2004. The union government was directed to appoint a public prosecutor.[3][4] Charges were filed against nineteen people as well as six police officials and a government doctor over their role in the initial investigations in a court in Mumbai.[5]

In January 2008, eleven men were sentenced to life imprisonment for rapes and murders and a policeman was convicted of falsifying evidence.[6] The Bombay High Court upheld the life imprisonment of the eleven men convicted for the gang rape of Bilkis Bano and the murder of her family members during the 2002 Gujarat riots on 8 May 2017. The court also set aside the acquittal of the remaining seven accused in the case, including Gujarat police officers and doctors of a government hospital, who were charged with suppressing and tampering with evidence.[7]

Civil compensation

On 23 April 2019, the Supreme Court ordered the Government of Gujarat pay Bano ₹50 lakh as compensation, along with a job in the government and housing in the area of her choice.[8]

Remission

In March 2022, Radheshyam Bhagwandas Shah, one of the men convicted in the case approached the Supreme Court seeking a remission of his sentence. He claimed that the Gujarat State Government had an obligation to consider his early release as per the state’s 1992 remission policy. State governments may enact remission policies to allow individuals or certain classes of individuals to file applications for early release from prison.[9]

On 15 August 2022, the eleven men sentenced to life imprisonment in the case were released from a Godhra jail by the Gujarat government.[10] The judge who sentenced the rapists said the early release by the Gujarat government set a bad precedent and warned that the move would have wide ramifications, saying that "This is wrong... Now, convicts in other gangrape cases would seek similar reliefs”.[11]

The panel which granted remission included two legislators from the Bharatiya Janata Party (BJP), which was the state government at that the time of the riots.[12] A BJP MLA, one of the panelists, has said that some of the convicts are "Brahmins" with good 'sanskaar' or values.[13] After being released from the jail, they were welcomed with sweets and their feet touched in respect.[14]

Two days after the remission, Bilkis Bano issued a statement expressing her grief at the release of her rapists, saying "The release of these convicts has taken from me my peace and shaken my faith in justice."[15][16] Many Muslims from her village left their homes due to safety concerns.[17]

Supreme Court decision on remission

On 18 August 2022, around 6,000 signatories, including activists, eminent writers, historians, filmmakers, journalists and former bureaucrats, urged the Supreme Court to revoke the early release of the convicted individuals,[18] while parties in the opposition such as the INC criticized the BJP.[19] The convicts harassed the witnesses of the case when they were out on parole as recently as 2021, which added to the criticism of the remission.[20]

A few days later, the Supreme Court agreed to look into plea challenging the release.[21] A bench comprising Chief Justice of India N. V. Ramana, Justice Ajay Rastogi, and Justice Vikram Nath however posed a query with respect to the legal bar on grant of remission to the convicts.[22]

On 8 January 2024, Supreme Court of India has held that the Gujarat government was not competent to grant remission because the remission could only be granted by the government of the state where the trial was held, namely Maharashtra.[23] The Court struck down the remission granted to the 11 men who had been sentenced to life imprisonment and ordered that the men surrender themselves to the authorities within 15 days.[24]

References

  1. ^ "Bilkis Bano case: Timeline of events from 2002 to SC verdict".
  2. ^ "The meticulous seven, and a seven-day hunt for proof-Amitabh Sinha". The Indian Express. New Delhi. 21 January 2008. Retrieved 10 February 2013.
  3. ^ "A hopeful Bilkis goes public". Deccan Herald. India. 9 August 2004. Archived from the original on 23 March 2008. Retrieved 4 February 2011.
  4. ^ "Second riot case shift". The Telegraph. 7 August 2004. Archived from the original on 3 September 2004. Retrieved 4 February 2011.
  5. ^ "Charges framed in Bilkis case". The Hindu. Chennai, India. 14 January 2005. Archived from the original on 30 January 2005. Retrieved 4 February 2011.
  6. ^ Jeremy Page (23 January 2008). "Rape victim Bilkis Bano hails victory for Muslims as Hindu assailants are jailed for life". The Times. London. Retrieved 4 February 2011.
  7. ^ "Bilkis Bano gangrape case verdict: Bombay HC convicts 5 Gujarat cops, 2 doctors, upholds life for 11". The Indian Express. 5 May 2017.
  8. ^ "SC orders Gujarat govt to pay ₹50 lakh compensation to Bilkis Bano". The Hindu. 23 April 2019. Archived from the original on 9 February 2021. Retrieved 24 April 2019.
  9. ^ "Early Release of Bilkis Bano Gangrape Convicts". Supreme Court Observer. Retrieved 2024-03-20.
  10. ^ "Bilkis Bano gangrape: 11 men sentenced to life imprisonment released from jail". Scroll.in. 16 August 2022.
  11. ^ "Bilkis Bano case: Gujarat has set bad precedent by releasing convicts, says judge who sentenced them". Scroll.in. 19 August 2022. Retrieved 20 August 2022.
  12. ^ Langa, Mahesh (2022-08-17). "Two BJP legislators on panel that backed remission in Bilkis Bano case". The Hindu. Retrieved 2022-08-30.
  13. ^ PTI (2022-08-19). "Some convicts in Bilkis Bano case are 'Brahmins with good sanskaar', says Gujarat BJP MLA". The Hindu. ISSN 0971-751X. Retrieved 2024-01-09.
  14. ^ "Bilkis Bano case convicts greeted with sweets; Owaisi questions PM Modi". Hindustan Times. 2022-08-16. Retrieved 2022-08-30.
  15. ^ "Bilkis Bano: The pain of seeing my rapists go free". BBC News. 2022-08-18. Retrieved 2022-08-18.
  16. ^ Pal, Sumedha (16 August 2022). "'I Fear For Our Future': Bilkis Bano's Husband on Release of 11 Convicts". The Wire. Retrieved 20 August 2022.
  17. ^ Dahiya, Himanshi (2022-08-25). "'Won't Go Back Till Convicts Out': Muslims Leave Bilkis Bano's Village Overnight". The Quint. Retrieved 2022-08-29.
  18. ^ "Over 6,000 Signatories Urge SC to Revoke Early Release of Convicts in Bilkis Bano Case". The Wire. 18 August 2022. Retrieved 20 August 2022.
  19. ^ "'Real Face' of New India: Opposition Slams Modi Over Release of Bilkis Bano Case Convicts". The Wire. 16 August 2022. Retrieved 20 August 2022.
  20. ^ Pathak, Maulik (2022-08-20). "Bilkis case convicts threatened witnesses in past, show records". Hindustan Times. Retrieved 2022-08-30.
  21. ^ Scroll Staff (2022-08-23). "Bilkis Bano case: Supreme Court says it will look into plea challenging release of 11 convicts". Scroll.in. Retrieved 2022-08-23.
  22. ^ "Chief Justice N V Ramana also asked the petitioners to implead those who have been granted remission as parties in the matter". Big Mirror News. 25 August 2022. Retrieved 25 August 2022.
  23. ^ "Bilkis Bano case: SC says Gujarat government not competent to remit sentences of 11 convicts". Hindustan Times. 2024-01-08. Retrieved 2024-01-08.
  24. ^ "बिलकिस बानो केस 2002 :दोषियों को सज़ा, रिहाई और रिहाई निरस्त". www.cheggindia.com (in Hindi). 2024-10-14. Retrieved 2025-02-10.
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