Editorial: Travesty of justice

The Gujarat government’s decision to grant remission and prematurely release the 11 convicts in the 2002 Bilkis Bano gangrape case is outrageous and has shaken the public faith in the justice system. It is ironic that the move by the BJP government in the poll-bound State runs contrary to Prime Minister Narendra Modi’s oft-repeated assurance […]

The Gujarat government’s decision to grant remission and prematurely release the 11 convicts in the 2002 Bilkis Bano gangrape case is outrageous and has shaken the public faith in the justice system. It is ironic that the move by the BJP government in the poll-bound State runs contrary to Prime Minister Narendra Modi’s oft-repeated assurance that his government was committed to the cause of women. What is more disgusting is that the 11 convicts, who were sentenced to life imprisonment for the gangrape of Bilkis Bano and the murder of 14 members of her family, were welcomed with garlands and sweets after they walked free. There is an urgent need for amendments to the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) to prevent those charged with rape from getting remission under any circumstances. Though the power of remission is subject to judicial review and the victim can approach the High Court or the Supreme Court, the process is fraught with concerns for the victim’s safety because of fear of reprisal. The anger and a sense of frustration being felt by the victim and her family is understandable, considering the magnitude of the crime and the protracted battle they had to wage for justice. The attack on Bilkis Bano and her family was one of the most horrific crimes during the riots, which began after 60 ‘Kar Sevaks’ died in a fire on a passenger train in Godhra town, an act blamed on Muslims. What followed the Godhra tragedy became one of the darkest chapters in India’s history.

The Gujarat government’s argument that the early release of the convicts was based on the State’s 1992 remission policy doesn’t hold water. It must be pointed out that the consent of the Centre is a prerequisite for the premature release of prisoners in cases where the offence was investigated by a central agency such as the CBI. This case exemplified the rapes and murders that terrorised and brutalised the Muslims of Gujarat in 2002. And the conviction provided closure to the community and restoration of faith in the justice system. The remission has dealt a severe blow to all that. The legal system has to assure justice to the victims and ensure faith in the due process of law. The overall aim should be to make sure that the punishment is just and proves to be a deterrent against the repetition of the crime. It is the responsibility of the state to ensure that harmony prevails. Remission to the convicts in the Bilkis Bano case must be reviewed. Over the years, the courts have convicted dozens of people for involvement in the riots, but some high-profile accused got bail or were exonerated by higher courts. This included Maya Kodnani, a former minister whom a trial court had called the “kingpin of riots”.

---