This article has been written by Ms.Haya Khan, a student studying in B.A,LL.B from Amity University,Kolkata.The author is a 2nd year Law student.
INTRODUCTION
The case of Bilkis Bano gained national attention in 20The Bilkis Bano case refers to the gang rape and murder of Bilkis Yakoob Rasool, a pregnant Muslim woman, and the killing of 14 members of her family during the 2002 Gujarat riots. The incident occurred on 3 March 2002, in the aftermath of the Godhra train burning incident.Bilkis Bano was a 19-year-old woman who was travelling with her family to escape the riots in their village. They were attacked by a mob of around 30 people, who gang-raped Bilkis and then killed her family members. Bilkis was five months pregnant at the time of the incident.After the incident, Bilkis filed a complaint with the police, but her case was not taken seriously. It was only after the intervention of human rights organisations and the media that the case was reopened. In 2004, the Central Bureau of Investigation (CBI) took over the case and charged 19 people, including police officers and doctors, with various offenses, including murder and rape.
In 2008, a special court in Mumbai convicted 11 people in the case, including seven police officers and two doctors. The court sentenced the main accused, police officer Ramesh Chandramohan Sharma, to life imprisonment, while the others received various prison terms. The court also acquitted eight accused for lack of evidence.The case received widespread attention and became a symbol of justice for the victims of communal violence in India. Bilkis Bano herself became a voice for women’s rights and a symbol of courage and resilience in the face of adversity.The Bilkis Bano case highlights the issues of communal violence and the failure of the justice system to provide justice to the victims. It also highlights the courage and resilience of Bilkis Bano and other survivors of the violence who fought for justice despite facing numerous obstacles.
As of my knowledge cutoff date of September 2021, there have been no major updates in the case since the 2017 Bombay High Court verdict. However, Bilkis Bano has been vocal in speaking out against communal violence and for the rights of survivors of sexual violence. She has also been honoured with several awards for her bravery and activism, including the International Women of Courage Award in 2020.
JUDGEMENT AND DECISIONS OF COURT
Bombay High Court upheld the life imprisonment of 11 persons involved in the case. The court also directed the State of Maharashtra to provide Bilkis Bano with adequate compensation.Recently, the Supreme Court of India has ordered the Gujarat government to pay Bilkis Bano Rs 50 lakh as compensation for the trauma she had undergone during the riots. The court has also directed the state government to provide her with a job and accommodation of her choice.
The judgement came in response to a petition filed by Bilkis Bano, seeking compensation for the loss she had suffered during the riots. The petition was filed under Article 32 of the Indian Constitution, which provides for the enforcement of fundamental rights.
The Supreme Court’s judgement is significant for several reasons. Firstly, it recognizes the right of survivors of communal violence to compensation and rehabilitation. This is particularly important in the context of India, where communal violence has been a recurring problem for decades. Secondly, the judgement holds the state accountable for its failure to protect its citizens during times of crisis. This sends a strong message to state authorities that they cannot evade their responsibilities towards citizens.
However, the judgement also raises some important questions. Firstly, is the compensation awarded to Bilkis Bano adequate? Secondly, will the state government comply with the Supreme Court’s directive to provide her with a job and accommodation of her choice? Regarding the first question, while Rs 50 lakh is a significant amount, it is important to note that it cannot fully compensate for the trauma Bilkis Bano had undergone during the riots. The compensation should be viewed as a symbolic gesture to acknowledge the state’s failure to protect its citizens during the riots. It is also important to note that compensation alone cannot address the root causes of communal violence. The state needs to take concrete steps to prevent communal violence and to hold those responsible for such violence accountable.Regarding the second question, it remains to be seen whether the state government will comply with the Supreme Court’s directive. The history of non-compliance with court orders in India is well-documented. The state government should ensure that Bilkis Bano is provided with a job and accommodation of her choice, as directed by the Supreme Court. Failure to comply with the court’s directive will not only undermine the rule of law but also send a negative message to other survivors of communal violence who seek justice.
LATEST UPDATE ON BILKIS BANO CASE
One of the convicts had petitioned the Gujarat High Court for a stay of execution under sections 432 and 433 of the Code of Criminal Procedure.The high court denied his petition, noting that the “appropriate government” to decide on his remission is Maharashtra, not Gujarat.He subsequently petitioned the Supreme Court, claiming that he had been imprisoned for more than 15 years with no chance of release as of April 1, 2022.The Supreme Court asked the Gujarat government to investigate the possibility of his sentence being commuted, and the government appointed a committee to do so.The committee unanimously decided in favour of remission for all 11 offenders in the case.
CRITICISM OF THE CASE
The case gained national attention due to its brutality and the subsequent legal proceedings. While it is not appropriate to criticize the victim or her case, some critics have raised concerns about the handling of the case by the Indian legal system.
One criticism is that the case took too long to come to a resolution. It was almost seven years after the crime before a Mumbai court convicted 11 people for the crime in 2008. Some have argued that the delay was due to political interference and the bias of the judicial system.
Others have criticized the sentencing in the case, arguing that the punishments were not severe enough given the heinous nature of the crime. For example, while one person was sentenced to life in prison, the others received shorter sentences or were acquitted.
Some have also pointed out that the case is just one example of a larger problem of communal violence and discrimination in India. They argue that the government and legal system need to do more to address these issues and provide justice for victims.
Overall, while the Bilkis Bano case highlights the importance of seeking justice for victims of sexual violence and hate crimes, there are valid criticisms of the handling of the case by the Indian legal system.
CONCLUSION
In conclusion, the Supreme Court’s judgement in the Bilkis Bano case is a significant development in the fight for justice for survivors of communal violence in India. It recognizes the right of survivors to compensation and rehabilitation, and holds the state accountable for its failure to protect citizens during times of crisis. However, it is important to note that compensation alone cannot address the root causes of communal violence. The state needs to take concrete steps to prevent communal violence and to hold those responsible for such violence accountable. The state government should also comply with the Supreme Court’s directive to provide Bilkis Bano with a job and accommodation of her choice. This will send a positive message to other survivors of communal violence and uphold the rule of law in India.
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