India Supreme Court questions rapists release in Bilkis Bano gang rape case

Bikis Bano Rape. Image credit UNI

New Delhi/IBNS: The Centre and Gujarat government is likely to oppose a Supreme Court order requesting records related to the release of convicts in the Bilkis Bano gang rape case.  The government has stated that it does not want to provide documents linked to the release of 11 convicts in the case, citing “privilege,” NDTV reported.

Bilkis Bano, whose seven family members were also killed during the 2002 Gujarat riots, challenged the premature release of the rapists, stating that the remission of sentence has “shaken the conscience of society”.

On March 27, the Supreme Court directed the Gujarat government and the centre to present the documents related to the remission of sentence of 11 convicts in the Bilkis Bano gang-rape case.

The Court expressed concern over the remission granted to the convicts during their incarceration and pointed out that the severity of the crime should have been considered by the state.

However, the government has indicated that it does not want to disclose the files citing “privilege”.

The Supreme Court told the Centre that it was not appropriate to compare the victim’s case with standard Section 302 cases of the Indian Penal Code, as crimes are generally committed against society and the community, according to report in the media.

It highlighted that a pregnant woman was gang-raped and several people were killed in the case under consideration.

The apex court termed the incident as a “massacre” and maintained that it cannot be compared to a single murder, as unequals cannot be treated equally, the report stated.

The top court further stated that it is important to know the basis and reasoning behind the government’s decision to grant remission in the Bilkis Bano case.

The court emphasised that this decision could have an impact on any citizen. “Today it is Bilkis but tomorrow it can be anyone. It may be you or me,” the court underscored and thus it is crucial to be transparent about the reasons for granting remission.

The court warned that if the government fails to provide proper reasons for the remission, the court will have to draw its own conclusions.

On March 27, the Supreme Court criticized the Gujarat government for its handling of the Bilkis Bano gang-rape case and the murder of her family members, calling it a “horrendous” act.

The court raised concerns over whether uniform standards, as followed in other murder cases, were applied while granting remission to the 11 convicts.

Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots that occurred after the Godhra train burning incident. Her three-year-old daughter was among the seven family members who were killed.

Recently, a BJP MP and an MLA were seen sharing a stage with one of the 11 men who had received remission of his sentence in the Bilkis Bano gang-rape case, during a government program in Gujarat. 

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