Bilkis Bano case

The Bilkis Bano case relates to an attack that took place in the 2002 Gujarat riots, in which a gang of 11 men gang raped a pregnant woman named Bilkis Bano and killed numerous members of her family.^[1]

Criminal proceeding

After police dismissed the case against her assailants, Bilkis 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. CBI appointed a team of experts from the Central Forensic Science Laboratory (CFSL) Delhi and All India Institute of Medical Sciences (AIIMS) under the guidance and leadership of Professor T. D. Dogra to exhume the mass graves to establish the identity and cause of death of the victims. The team successfully located and exhumed the remains of the victims.^[2]

The trial of the case was transferred out of Gujarat and into Maharashtra, and the central government was directed to appoint a public prosecutor.^[3][4] Charges were filed in a Mumbai court against nineteen people as well as six police officials and a government doctor over their role in the initial investigations.^[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 Gujarat government to pay her ₹50 lakh as compensation, and to provide her with a government job and housing in the area of her choice.^[8]

Remission

In March 2022, Mr. Radheshyam Bhagwandas Shah (one of the convicts) approached the SC seeking a remission of his sentence which would result in an early release. He claimed that the Gujarat State Government had an obligation to consider his early release as per the states’ 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 Bilkis Bano gangrape case were released from a Godhra jail by the Gujarat government.^[10] The judge who sentenced the rapists said the early release set a bad precedent by the Gujarat government and warned that the move would have wide ramifications.^[11]

The panel which granted remission included two legislators from the BJP, which was the state government at that time, former BJP Godhra municipal councillor, and a BJP women wing member.^[12] A BJP MLA, one of the panellists, 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 rapists,^[18] while the Opposition parties criticised the BJP.^[19] The convicts harassed the witnesses of the case when they were out on parole as recently as in the year 2021, which added to the criticism of the remission.^[20]

A few days later, Supreme Court agreed to look into plea challenging release of 11 convicts.^[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, in August 2022, to the 11 men who had been sentenced to life imprisonment. The court ordered the men to surrender to the jail authorities within 15 days.

References

1. Pandey, Geeta (2022-10-18). "Bilkis Bano: India PM Modi's government okayed rapists' release". BBC News. Retrieved 2024-03-24.
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. . Deccan Herald. India. 9 August 2004. Archived from the original on 23 March 2008. Retrieved 4 February 2011.
4. . The Telegraph. 7 August 2004. Archived from the original on 3 September 2004. Retrieved 4 February 2011.
5. . 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. 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.