Gujarat model

Release of Bilkis Bano’s rapists perversion of a humane policy

The release of 11 persons convicted for rape and murder in the infamous Bilkis Bano case, which was one of the 2002 Gujarat riot cases, is shocking, and poses serious questions about rule of law, delivery of justice and sense of morality of the Gujarat government. It also calls into question the claimed commitment to the cause of protection and empowerment of women, most recently asserted by Prime Minister Narendra Modi in his Independence Day speech. The decision to release the 11 convicts from jail was taken by the Gujarat government as part of its remission policy. The decision is wrong and is a violation of the Union government’s guidelines on remission of prisoners’ jail terms. According to the guidelines those who have been convicted of serious crimes like rape and trafficking should not be granted remission.

The 11 men were convicted for the rape of three women, including a pregnant Bilkis Bano, and murder of her three-year-old child and six men on March 3, 2002. The Supreme Court shifted the case to a Mumbai court for fair trial, where the accused were convicted and sentenced to life terms. The sentence was confirmed by higher courts. The legality of the remission has been questioned on various grounds. The remission was granted by Gujarat government on the basis of recommendations made by a committee, set up on a reference by the Supreme Court on a plea by one of the convicts. The Gujarat government’s power to grant remission in the case has been questioned because the CBI had investigated the case. The Centre’s concurrence was necessary, and it is not known if the central government was consulted on the matter.

But the issues involved in the remission go beyond legality. The 11 convicts released by the government had committed heinous sexual crimes and murders and were driven by communal prejudice and hatred. The Bilkis Bano case has symbolised a long battle for justice and the remission of the prison term of the convicts would send out the dire message that the government’s sympathies are with the convicts, and not with Bilkis Bano, with the Hindu convicts, not with the Muslim victims. It is in line with the Gujarat government’s view of the riots, and it is a political and communal message. It should also be seen alongside the government’s refusal to grant remission to some other convicts who had a better claim to remission but belonged to the minority community. The released convicts were greeted with sweets and felicitated as heroes at the VHP office. It raises the question: Is this how ‘Hindu Rashtra’ will function? The power of remission should be used by governments with wisdom and discretion, not arbitrarily. The Supreme Court must ensure that justice is done to Bilkis Bano, who still feels threatened. This perversion of the humane policy of remission must not be allowed.