Bilkis Bano Case
Introduction:
-
This incident took place during the 2002
Godhra riots. The event happened after the Sabarmati Massacre, which took the
lives of roughly 60 Hindus. They rode the Sabarmati railway, which carried
them. They had a pilgrimage planned. When the train was in the Godhra district,
it was set on fire. Hindu rioters rampaged throughout this tragedy. They were
attributing the tragedy to Muslims. They attacked every Muslim living there and
in nearby areas.
This case is about a girl named Bilkis
Bano, who belonged to the Muslim community. She
attempted to flee with her family at the moment she was gang raped. When she
was raped, she was five months pregnant. She was not only sexually assaulted by
the mob, but nearly every member of her family was also slaughtered.
History of case: -
There were riots between Hindus and
Muslims at the time the Bilkis Bano case happened. The incident happened on
March 3, 2002, in the Dahod district of Gujarat. The victim, Bilkis Bano, made
the decision to depart there with the rest of her family out of fear of
becoming involved in such a situation. They were arrested by twenty to thirty
Hindus while they were attempting to flee the area. They then gang-raped her
and the other ladies in her family. At the time, she was five months along in
her pregnancy. She
was not only sexually assaulted; the convicts also killed her family members.
All of the residents of the state became furious after hearing about the
occurrence. The government received harsh criticism from a variety of social
groups as a result of this episode. This terrible occurrence demonstrated once
more how crimes against women are on the rise in India.
Bilkis Bano stated that when registering
the FIR, the police chose not to include all the pertinent material required
for the case. As a result, she went and reported it to the National Human
Rights Commission (NHRC) after which the Supreme Court requested a CBI
investigation. In
order to support and assist her, the NHRC appointed a senior advocate and
former Solicitor General to serve as her counsel and represent her in court.
Within a month of the investigation starting, the accused were detained and
brought before the Gujarat High Court. The accused threatened to kill her at
that moment. Moving to the Supreme Court, Bano talked there about the threats
to her life she was receiving. In order to ensure a thorough and objective
investigation, the Supreme Court decided to transfer that matter from the Court
of Gujarat to the Court of Maharashtra.
CBI Inquiry
Report: -
When Bilkis Bano filed a plea, the Supreme
Court ordered the CBI to look into the matter. In order to ensure a fair trial,
it transferred the matter to the Mumbai Sessions Court. Following a thorough
investigation and the submission of a charge sheet, the Central Bureau of
Investigation (CBI) identified 19 suspects, including police officers and
medical professionals who also attempted to hide the crimes that had occurred.
The CBI looked into the situation and found all the pertinent information as
well as some of the victim's family members' bodies. After that, the hearing
took place in the Mumbai Sessions Court.
Mumbai Sessions Court's Judgment: -
The Mumbai Court passed its judgement in
2017, convicting 11 accused as the offenders of the crime, which also included
a police officer. They were sentenced to rigorous life imprisonment and a fine
for their crimes.
Bombay High Court Judgement: -
The Bombay High Court upheld the 11
convicts' life sentences in jail in May 2017. The High Court found guilty those
who were freed by the Trial Court because they were not directly involved in
the case. The Trial Court released them from custody on the grounds that they
were caught up in the incident and had no direct involvement in the case.
Supreme Court’s
decision on the appeal of the convicts: -
The Supreme Court dismissed the appeals of
the convicts. The appeals filed by the two doctors and four policemen were
rejected on 10 July, 2017. The Supreme Court stated that the judgement of the
Mumbai Sessions Court was in no way faulty as there was ‘clear-cut evidence’
against them. It also said that the High Court of Bombay had unreasonably
acquitted the other convicts in the case. So the Supreme Court affirmed the
decision of the Session Court.
Plea for remission: -
One of the defendants, Radheshyam Shah,
argued in favor of his early release before the Gujarat High Court after
serving more than 14 years of his sentence in prison. However, the Gujarat High
Court refused his request and denied his early release from custody. He then
went to the Supreme Court and made an appeal there for his early release in
accordance with the Gujarat government's July 9, 1992 remission policy.
Since Radheshyam had already served 15
years and 4 months in prison, he went to the Apex Court and asked that it grant
him remission. Although he was sentenced to life in prison by a CBI court in
Mumbai, his attorney contended that he has the right to request an early
release on remission after serving 14 years. He was given a life sentence in
2008, but since he had already served 14 years of what the court considered the
life sentence, he petitioned the court for remission.
The Supreme
Court, after hearing the convict’s arguments, gave the power to the Gujarat
Government to decide whether he could be granted release in accordance with
the 1992
Gujarat remission policy.
Remission awarded in
Bilkis Bano case: -
All the convicts were granted remission as
they had completed 14 years of their sentence. As
a result, they were freed from prison on August 15, 2022. The decision by the government
to release the prisoners on the day of independence infuriated the entire
world, sparking a massive uprising. Many people, including journalists,
activists, opposition parties, and others, criticized the administration for
this choice. On the grounds of the detainees' "good conduct," they
were let go. They were let out of jail in accordance with the 1992 remission
policy.
Response of the Supreme
Court: -
The Supreme Court asked various questions
to the Gujarat Government about the release of convicts on remission. It was questioned whether they had taken
into account the seriousness of the crimes the prisoners had committed before
releasing them. As part of their life sentences, the offenders were also
questioned about how frequently they received parole. While releasing the
murder suspects, the Gujarat Government was questioned by the court as to
whether the same standards that are used in other murder cases had been
applied. The Gujarat Government was questioned by the Apex Court over whether
they had considered the severity of the crimes the convicts had committed
before granted them release through showing leniency.
Current Status of Review Petition: -
Bilkis Bano filed a review petition
challenging the Gujarat Government's decision after it freed the 11 defendants
in the case on remission too soon. The Gujarat Government was criticized by the
Supreme Court of India on April 18, 2023, for releasing the murder and rape
suspects early from prison. Before releasing any prisoners from prison, the
government had a responsibility to comprehend the seriousness of the situation.
The Supreme Court stated that after committed such heinous crimes, they
shouldn't have been allowed to leave prison. Those persons who gang-raped a
pregnant woman and other women in her family and murdered her family members
had no right to get out of prison.
The Gujarat government and the Centre
decided to challenge the order passed by the Court. So,
they demanded all the necessary remission-related paperwork. They accomplished
that by submitting a review petition on March 27, 2023. However, the bench was
vehemently opposed to the idea. As a result, they disapproved of it. They
were given time by the Supreme Court to consider whether or not to submit the
review petition. Additionally, the court asked from them an extension of the
parole period that had been given to the offenders throughout their life
sentences.
Conclusion: -
In India, crimes against women are
increasing day by day. Another
instance of men acting out their rage by raping women who had no connection to
the Sabarmati slaughter is the case of Bilkis Bano. This case sparked a
shocking backlash against crimes like rape and murder committed against women
in this nation. This case demonstrated how the Indian courts disregarded the
rights of these defenseless victims. The Gujarat Government's decision to
release those rapists and murderers on the day of Independence drew criticism.
On August 15, 2022, the Gujarat government released these. When the convicts appealed for premature
release, the remission policy of 1992 was followed instead of the 2014 one, and
as a result, they were acquitted. People
from various segments of society criticized the Supreme Court of India for
ordering the Gujarat High Court to free those criminals. Our nation's legal
system favors criminals over innocent victims, and this is how it now operates.
The 1992 remission policy's implementation led to the prisoners' release.
Although Gujarat adopted the new remission policy rules for 2014, they were not
applied to the prisoners in the Bilkis Bano case. The old remission policy favored those
rape-accused criminals, and Bilkis Bano lost the fight.
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