Supreme Court to Consider Extension Requests from Three Convicts in Bilkis Bano Case

Background

The Bilkis Bano case is a landmark case of gangrape and mass murder that occurred during the 2002 Gujarat riots in India. Bilkis Bano, then a 21-year-old pregnant woman, was raped and her family members were murdered on March 3, 2002 during the riots that followed the Godhra train burning incident on February 27, 2002. In 2008, a trial court convicted 11 men of rape and murder and sentenced them to life imprisonment. However, in 2022, the Gujarat government granted remission to the convicts and released them from jail on August 15, 2022 on the basis of an obsolete law and good behaviour . The decision sparked outrage among activists, journalists and citizens who saw it as a grave miscarriage of justice and discrimination against the Muslim minority.

Current Developments

On January 9, 2024, the Supreme Court quashed the decision of the Gujarat government to grant remission to the convicts and ordered them to surrender within two weeks. The apex court held that the state where an offender is tried and sentenced is competent to decide the remission plea of convicts and added that Maharashtra was the competent government to grant remission in this case. However, three of the 11 convicts have moved the Supreme Court seeking more time to surrender, citing various reasons such as ill health, son’s marriage and harvesting crops . The Supreme Court will hear their requests on January 19, 2024 and decide whether to grant them any extension or not .

Implications

The verdict of the hearing will have implications for the justice delivery system and the rights of the victims of communal violence in India. Bilkis Bano, who has been fighting for justice for more than two decades, has expressed her disappointment and anguish over the release of her attackers and appealed to the Gujarat government to undo this harm. She has also said that she wants her attackers to understand the severity of their crime. The petitions filed by various activists, politicians and citizens have also highlighted the need for accountability and sensitivity in dealing with such cases. The Supreme Court’s verdict will be keenly awaited by all those who are concerned about the rule of law and human rights in India.