New Delhi: On Thursday, October 12, 2023, the Supreme Court of India reserved its verdict on a batch of petitions challenging the Gujarat government’s decision to grant remission to 11 convicts in the Bilkis Bano gang rape and murder case. The convicts were sentenced to life imprisonment in 2008 for gang-raping Bilkis Bano and killing seven members of her family, including her three-year-old daughter, during the 2002 Gujarat riots.
In August 2022, the Gujarat government granted remission to the convicts under its 1992 remission policy, citing their good conduct in jail and the fact that they had served more than 14 years of their sentence. However, the decision was met with widespread outrage, with many people questioning why the government had chosen to release convicts in such a heinous case.
A number of petitions were subsequently filed in the Supreme Court challenging the Gujarat government’s decision. The petitioners argued that the remission policy had been applied selectively and that the convicts did not deserve to be released, given the nature of their crime.
During the hearing of the petitions, a bench of Justices B.V. Nagarathna and Ujjal Bhuyan raised a number of questions with the Gujarat government and the Centre. The bench asked why the adverse opinion of the Maharashtra trial court judge had been ignored in favour of the opinion of the Godhra judge, and why the convicts had been released despite the fact that they had not expressed remorse for their crime.
The bench also questioned the Gujarat government on its remission policy, asking why it was being applied selectively and why all life sentence convicts after 14 years were not being given the benefit of remission.
The Gujarat government and the Centre defended the decision to grant remission to the convicts, arguing that they had complied with all applicable laws and policies. They also argued that the convicts had shown good conduct in jail and that they had served more than 14 years of their sentence.
After hearing all sides of the case, the Supreme Court reserved its verdict on Thursday, October 12, 2023. The court’s decision is expected to have a significant impact on the remission policy in India and on the way that cases of sexual assault and murder are handled.
In addition to the legal implications, the Supreme Court’s verdict in the Bilkis Bano case is also being closely watched by civil society groups and activists. The case has become a symbol of the fight against impunity for sexual violence and communal violence. A decision in favour of the petitioners would send a strong message that such crimes will not be tolerated.
However, a decision in favour of the Gujarat government and the Centre would be a major setback for the fight against impunity. It would also be a betrayal of Bilkis Bano and her family, who have suffered immensely as a result of this crime.
Whatever the outcome of the case, it is clear that the Supreme Court’s verdict will have a far-reaching impact. The court is expected to deliver its verdict in the coming weeks.