
In his Independence Day speech to the nation from the ramparts of Red Fort on Monday, Prime Minister Narendra Modi asked: “Can we not pledge to get rid of everything in our behaviour, culture and everyday life that humiliates and demeans women?” On the same day, in a decision that violates the letter and spirit of the PM’s address that celebrated “naari shakti”, a Gujarat government panel approved a plea for remission for 11 convicts serving life sentences in the Bilkis Bano gangrape case. Besides rape, the 11 men had been convicted for the murder of Bilkis’s three-year-old child and 13 others, all Muslims, by a CBI special court in 2008. The remission in a case that lies at the heart of the continuing search for justice after the communal violence in Gujarat 2002 portends a disquieting backsliding. It is a grave setback for the tortuous legal battle to secure convictions in the horrific crimes of 2002 in the face of formidable obstacles and powerful odds.
Bilkis and her extended family were attacked by a mob on March 3, 2002 while they were fleeing their village in Limkheda taluka of Dahod district. The Supreme Court intervened in the case after Bilkis approached the National Human Rights Commission. The trial was shifted out of Gujarat to Maharashtra on the SC’s direction after she received death threats. The ruling of the CBI court was upheld by the Bombay High Court in 2017 and in 2019, the SC awarded compensation of Rs 50 lakh to Bilkis. The court also indicted policemen who investigated the case. Since her attackers are from her own village, Bilkis continues to fear for her life and is unable to return home. Remission is a statutory provision; it is not unusual for prison boards to clear convicts who have spent a minimum of 14 years in jail. However, it is rare for the sentence of those convicted of heinous sexual crimes to be remitted. In this case, the concern that it could set a precedent cannot be ignored. It is disturbing and disappointing that the SC, which had stepped in to ensure that Bilkis and other victims and survivors of Gujarat 2002 received justice, allowed a remission plea by one of the convicts earlier this year in May, which led to the state government setting up the prison board that has now ordered the release of all 11 convicts.
The Supreme Court needs to step in once again. To speak up once more for a woman who has stood her ground, braving all threats, in the courageous pursuit of justice. The court must direct that the remission be revoked. Two decades after the riots, as the convicts in the Bilkis Bano case walk free, activist Teesta Setalvad and police officer R B Sreekumar, who fought on the side of the petitioners, are in jail — the police took their cue from the court, its verdict became the basis for the FIRs. The apex court must ensure that the injustice to Bilkis Bano is reversed. It knows what is at stake.