This article has been written by Ms. Vaaghdevi, a student studying B.A.LLB from Damodaram Sanjivayya National Law University, Visakhapatnam. The author is a 1st-year law student.
Introduction:
The Indian Constitution’s Article 14 defines the rule of law as a system that guarantees everyone access to the legal system. Justice must be easily obtained through proper legal channels and at the right time. The administration of justice should be fair and devoid of bias, and the state should take all necessary measures to ensure that all citizens have access to equitable processes.With reference to the bikini banos case, let’s examine role of judiciary with respect to access to justice in this article.
Bilkis Bano Case:
Following the burning of the Sabarmati railway in Godhra, Gujarat, on February 27, 2002, violence broke out. The train carried out the deaths of 59 karsevaks.
On March 3, Bano and 15 other people were escaping when they sought refuge in a field with her little daughter. They were ambushed by a group of 20 to 30 individuals carrying sickles, swords, and clubs. Bano was gang-raped as her family’s other seven members were murdered. Six other members were able to flee.
After the event sparked public outrage, the Supreme Court ordered the CBI to investigate.
The fake inquiry of Head Constable Somabhai Gori, who, according to the CBI, “suppressed crucial details and provided a distorted and abbreviated version” of her complaint, was even more disturbing. Even her medical check, which was scheduled after she arrived at the Godhra rescue camp, was postponed. The inquiry by the Central Bureau of Investigation (CBI) found that the heads of the seven deceased members were severed in order to shield the accused. The matter was examined by the National Human Rights Commission (NHRC) and the Supreme Court, which also ordered an investigation. The trial got underway in Ahmedabad after the suspects in the case Bano, however, voiced concerns that witnesses would be injured and the material gathered by were detained in 2004. the CBI might be tampered with Bilkis Bano was not able to obtain the justice she deserved even when such a flawed investigation came to light; instead, she received threat notifications, which is why the case was transferred from Gujarat to Mumbai by the supreme court.
According to the Indian Penal Code, the Special CBI Court sentenced the 11 accused to life in jail on January 21, 2008 for planning to rape a pregnant lady, murder, and illegal assembly. Due to a lack of evidence, the court cleared seven further accused. During the trial, one of the accused passed away. In 2017, the Bombay High Court upheld the defendant’s conviction, and the Supreme Court (SC) ruled in 2019 that the Gujarat State Government must provide the victim with Rs 50 lakh in restitution, along with a job and a home.
In May 2017, the Bombay High Court affirmed the conviction and life sentence of 11 defendants in the gang rape case, some ten years after the case was first brought. 2019 saw Bilkis Bano receive a Rs 50 lakh settlement from the Supreme Court.
While it appeared that the situation had been resolved, Radheshyam Shah, one of the prisoners, filed a petition with the Gujarat High Court asking for the sentence to be commuted in accordance with sections 432 of the Code of Criminal Procedure (which mentions the state government’s authority to commute sentences because prison is a state matter under the constitution) and 433 of the Code of Criminal Procedure (which adds a caveat; prisoners who have received a life sentence for an offence that even carries a death
The high court rejected his appeal while stating that Maharashtra, not Gujarat, was the “proper authority” to decide on his remission. The mandatory sentence, according to remission, was also 14 years in jail, which they had previously served. The 1992 remission commission decision had to be taken into account when the supreme court examined the aforementioned remission. The eleven inmates were freed from custody.
On Aug 15,2022 all 11 of the Bilkis Bano case convicts were released from Godhra Sub-Jail.
According to an official, they were freed after the Gujarati government authorised it in accordance with its policy on remission.
After serving more than 15 years in prison, one of them went before the Supreme Court and pleaded for an early release. According to Panchmahals Collector Sujal Mayatra, who served as the group’s chair, the Gujarat government constituted a committee after the supreme court ordered it to investigate the possibility of his sentence being commuted.
The Bombay High Court overturned the acquittal of seven people in its 2018 judgement affirming the conviction of the accused.
Radheshyam Shah petitioned the Gujarat High Court for relief from the sentence under sections 432 and 433 of the Code of Criminal Procedure before turning to the Supreme Court, which decision allowed for the release of all convicts (CrPC)
Right to Justice:
The four components that make up the essence of access to justice are as follows:
1.The state is required to offer a reliable adjudicating system.
2.The mechanism must be relatively close to the user in terms of distance.
3.The adjudication procedure must go quickly.
4.The adjudicatory procedure must be cheap for plaintiffs to access.
No matter the differences, everyone has access to justice, and in particular, the state must care for the victims. Even though this statement may be accurate in the majority of circumstances, there are some situations when individuals may feel conflicted because of minor flaws that might result in differences. The case of Bilkis Bano is one example.
Conclusion:
Even if the inmates are regarded as citizens of India, does the constitution mean that justice only applies to the victims and not to the guilty as well? According to the commission, the 11 offenders had already served the specified sentence, therefore they may be freed. The honourable Supreme Court decided to award Bilkis Bano 50 lakhs, a position with the government, and a home. Was she able to get justice on moral grounds in light of her mental and psychological anguish, the death of family members, and other circumstances?
Although the Indian Constitution guarantees equality to all citizens, the reality of marginalised groups forces us to consider whether Bilkis Bano has the same legal standing. Because it is obvious that the release does not represent a legitimate use of the State’s guided discretionary power under Sections 432-435 CrPC.
Additionally, without taking into account each convict’s situation individually, all 11 of the criminals were released at once. This contravenes the Supreme Court’s ruling in Maru Ram, which mandates that each offender be released on a case-by-case basis. These realities, which are highlighted in the current debate, help us to better appreciate the complexity that exist at the delicate intersections of gender and religion and how these intersections intensify institutional impediments.
References:
1. Understanding the remission policy that led to the release of Bilkis Bano’s rapists (no date) The Wire. Available at: https://thewire.in/law/understanding-the-remission-policy-that-led-to-the-release-of-bilkis-banos-rapists (Accessed: February 20, 2023).
2. Right to justice: Bilkis Bano Case (no date) Legal Service India – Law, Lawyers and Legal Resources. Available at: https://www.legalserviceindia.com/legal/article-9612-right-to-justice-bilkis-bano-case.html (Accessed: February 20, 2023).
3. Explained: What’s the Bilkis Bano case, why have convicts been released, what’s the family saying (2022) https://www.outlookindia.com/. Available at: https://www.outlookindia.com/national/explained-what-is-the-bilkis-bano-case-why-have-convicts-been-released-what-is-the-family-saying-news-216753 (Accessed: February 20, 2023).
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