Commemorating 'Azadi Ka Amrit Mahotsav' - the campaign to celebrate India's 75 years of Independence - the Centre provided instructions to states in June 2022 and recommended a special release policy for convicted prisoners. But said that rape prisoners are among those who will not be released under this policy.
Cut to August 15, 2022, the government of Gujarat (which is also run by the BJP) approves the early release of 11 men convicted for gangraping Bilkis Bano during the 2002 Gujarat riots.
It seems that the Centre's guidelines do not apply to the Bilkis Bano case, as these 11 convicts walk freely out of the jail on India's 76th Independence Day. What's more tragic is that these eleven men were welcomed with sweets as their family members touched their feet outside the Godhra sub-jail.
Today, as opposition and many women’s rights organisations show disappointment with the Gujarat government’s decisions, let’s get to know more about Bilkis Bano Case. What exactly happened during the 2002 Gujarat riots? And, why did Gujarat government release 11 men who gang-raped her?
After the tragic Godhra train burning incident in which dozens of pilgrims and Kar Sevak were murdered, massive violence erupted in Gujarat. Bilkis Bano's village, Radhikpur in Dahod district, was also looted on the occasion of Bakr-Id. Fearing a re-run of the arson and looting, Bilkis along with her 3-year-old daughter Saleha and 15 other members of her family fled her village on February 28, 2002.
The family arrived at Chapparwad village on March 3, 2002. However, they were attacked by a group of 20-30 people carrying sickles, swords, and sticks. The 11 accused men were among the assailants.
Bilkis who was five months pregnant at that time, her mother, and three other women were brutally assaulted and raped. Eight of the 17 Muslims from Radhikpur village were found dead, while six were missing. Only survivors of the attack were - Bilkis, a man, and a three-year-old child.
Bilkis' three-year-old daughter was also killed as one of the attackers “smashed” her on the ground.
Bilkis was unconscious for at least three hours following the attack. She borrowed clothes from an Adivasi woman once she regained consciousness, and she later met a Home Guard who escorted her to the Limkheda police station.
Bilkis then registered a complaint with Head Constable Somabhai Gori. But the struggle did not end here. The head constable “suppressed material facts and wrote a distorted and truncated version” of her complaint.
Bilkis was taken to a public hospital for medical examination only after she reached the Godhra relief camp and her case was then taken up by the National Human Rights Commission (NHRC) and Supreme Court.
Taking the matter into cognizance, the top court ordered an investigation by the CBI.
The CBI after its investigation found that the post-mortem examination was conducted carelessly in an effort to protect the accused. None of the seven bodies had skulls. The CBI also stated that the bodies of those killed in the attack did not have skulls. The heads of the corpses were chopped off after the autopsy so that the bodies could not be identified, according to CBI.
After Bilkis Bano received death threats, the trial was transferred from Gujarat to Maharashtra. Charges against 19 men, including six police officials and a government doctor, were brought before the Mumbai court.
In January 2008, a special court found 11 people guilty of plotting to rape a pregnant woman, murder, unlawful assembly, and other offences under various Indian Penal Code sections. Head Constable Gori was also convicted of “making incorrect records” to save the accused.
However, seven persons were acquitted due to lack of evidence and one died during the course of the trial.
The court held that Bilkis was raped by Jaswantbhai Nai, Govindbhai Nai, and Naresh Kumar Mordhiya (deceased); Shailesh Bhatt killed her daughter, Saleha, by “smashing” her on the ground.
Radheshyam Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Vohania, Bakabhai Vohania, Rajubhai Soni, Nitesh Bhatt, Ramesh Chandana, and Head Constable Somabhai Gori were also found guilty in the Bikis Bano case.
These individuals were found guilty of rape and murder despite being witnesses to the crime (with the exception of Gori), the court observing that being a part of "an unlawful assembly" distributes the liability of the crime.
The court gave life sentences to all 11 of the convicts.
May 2017: Bombay High Court upheld the conviction and life imprisonment of 11 men in the Bilkis Bano gang rape case. The High Court set aside the acquittal of seven people, including the policemen and doctors.
April 2019: The Gujarat government was ordered by the Supreme Court to give Bilkis Rs 50 lakh in compensation within two weeks.
Bilkis Bano had refused to accept the compensation of Rs 5 lakh and had sought exemplary compensation from the Gujarat government in a plea before the Supreme Court.
May 2022: Supreme Court directed the Gujarat government to consider a remission plea by one of the convicts.
June 2022: Proposing a special release policy for convicted prisoners, the Centre issues guidelines to states. The list of people who are not eligible for release under this policy includes rape convicts.
15 August 2022: Gujarat government follows its own policy of 1992 and frees 11 men convicted of gang-raping a pregnant woman.
According to an official, the 11 men had been jailed for more than 14 years in the Bilkis Bano gang rape case and the Gujarat government prematurely released them under the remission policy years after the Gujarat riots of 2002.
One of these prisoners, who had already served more than 15 years in prison, went before the Supreme Court and pleaded for an early release. Sujal Mayatra, the Panchmahals Collector, headed over the panel that investigated these convicts' early releases.
"A committee formed a few months back took a unanimous decision in favour of remission of all the 11 convicts in the case. The recommendation was sent to the state government, and yesterday we received the orders for their release,” Mayatra said.
After 11 convicts walked free, their relatives greeted them with sweets and charan-sparsh, touching their feet for blessings, outside the Godhra jail.
Bilkis Bano's husband Yakub Rasul refused to comment on the release.
"We were not told about this... All we want to do is pray for the peace of the souls of our near and dear ones who lost their lives in the riots. Every day, we remember those who were killed in the incident, including our daughter," he stated adding that they continue to live without a fixed address.
Ironically, within hours after Prime Minister Narendra Modi praised “Nari Shakti” during his Independence Day speech and alleged that this is the “real face” of ”New India” under the BJP, 11 people were convicted of the gang rape of Bilkis Bano and brutal murder of her family members were released from the jail.
Women's respect, safety, and power don't seem to exist apart from the speeches of the prime minister.
Furthermore, human rights lawyer Shamshad Pathan said that a large number of prisoners who have committed less heinous crimes continue to be in jails without any remission. Which remains the truth.
