Central and Gujarat governments appear to be at odds on how to treat those convicted of rape, as illustrated by the release of 11 men charged with the gang rape of Bilkis Bano and the murder of his family during the Gujarat riots in 2002 to serve life sentences.
Azadi Ka Amrit Mahotsav’ [75 Years of Independence]
In June this year, the Center on a special release policy for sentenced prisoners to commemorate the 75th Year of Independence and issued guidelines for states. Those convicted of rape are among those who will not be released under this policy.
Following its own 1992 policy, the Gujarat government released the 11 men convicted of conspiracy to rape a pregnant woman and murder, ordered by the Supreme Court in May a referral request from one of the convicts to consider.
During the communal pogrom in Gujarat, Bilkis Bano, then a young mother, was raped by 11 men. They were also blamed for killing their six-year-old daughter, reportedly “smashing” the girl to the ground. With her clothes torn, Bano was bleeding fatally along the way. A nearby tribal community offered Bano shelter before a house guard took her to file a complaint.
After their release on Monday, the convicts were greeted with sweets outside Godhra Prison.
Bilkis Bano case 2004
Bilkis Bano was 21 years old – five months pregnant – when she was raped on March 3, 2002.
Bilkis Bano‘s case began in 2004. It was the first riot case transferred by the Gujarat High Court to Mumbai. Bano had claimed to have received death threats and the courts ruled that a trial outside of Gujarat would ensure a fair trial.
Justice for Bilkis Bano…Denied?
In 2008, a special court of the Central Bureau of Investigation (CBI) sentenced 11 of the 13 defendants to life imprisonment for murder and gang rape. In 2017, the Bombay High Court upheld the conviction. The Supreme Court granted Bano Rs.50 lakh in compensation in 2019. It was the first case and the only case among the riot cases to see a monetary reward.
Bano suffered several setbacks, including the falsification of evidence when police officer Somabhai Gori brazenly removed the names of people he had identified as his attackers from his complaint. He even tried to close the case.
Court Verdict
The Supreme Court had ordered the Gujarat government to deal with the issue of its pardon, after which the government formed a committee, said Panchmahals collector Sujal Mayatra, who chaired the panel.
“A committee formed a few months ago unanimously decided in favor of transferring all 11 convicts in this case. The recommendation has been submitted to the state government and yesterday we received the orders for his release,” Mayatra said.
Trauma from the Past
Bilkis Bano‘s husband, Yakub Rasul, said the family would not yet comment on the release: “We have not been told about it… We just want to pray for the peace of mind of our loved ones” and loved ones who are at lost their lives in the riots.”
“I feel glad to be out,” said Radheshyam Shah, the convict whose plea paved the way for the release, “I will be able to meet my family members and begin a new life.”
Bilkis Bano had told the court during the trial that she knew the rapists. They used to buy milk from her family.
