India’s top court overrules early release of 11 convicts in Bilkis Bano gang rape case

Published January 8, 2024
A file photo of Bilkis Bano during a press conference in New Delhi. | Prakash Singh/AFP
A file photo of Bilkis Bano during a press conference in New Delhi. | Prakash Singh/AFP

India’s top court ruled on Monday that 11 murderers convicted of a gang rape that drew global outrage but who were released early must return to jail.

Bilkis Bano and two of her children were the only survivors among a group of Muslims attacked by a Hindu mob in the western state of Gujarat in 2002 during one of post-independence India’s worst religious riots.

Bilkis was pregnant at the time and seven of the 14 people murdered were relatives, including her three-year-old daughter.

The attack took place when Hindu nationalist Narendra Modi, now India’s prime minister, was the premier of Gujarat.

Modi was accused of turning a blind eye to the riots but was cleared of any wrongdoing in 2012, two years before his Bharatiya Janata Party (BJP) won national power.

The 11 convicts were freed in August 2022 following a recommendation by a state government panel, but must now return to jail within two weeks, the Supreme Court in New Delhi ruled.

“Their plea for protection of their liberty is rejected,” the Supreme Court said. Allowing them to remain free would “not be in consonance of the rule of law”, it added.

The men were accorded a heroes’ welcome when they were released in 2022 and a viral video showed relatives and supporters welcoming them with sweets and garlands.

The convicts’ release triggered angry reactions across the country, especially since it coincided with India’s Independence Day celebrations, when Modi spoke about women’s safety and security.

Soon afterwards, Bilkis said she was “bereft of words”. At the time, she said in a statement released by her lawyer that she “trusted the system” and was “learning slowly to live with her trauma”.

“The release of these convicts has taken from me my peace and shaken my faith in justice,” she said then. “My sorrow and my wavering faith is not for myself alone but for every woman who is struggling for justice in courts.”

The opposition Congress party welcomed today’s ruling, saying it exposed the BJP’s “callous disregard for women”.

“It is a slap on the face of those who facilitated the illegal release of these criminals and also those who garlanded the convicts and fed sweets to them,” spokesman Pawan Khera posted on X, previously known as Twitter.

“India will not allow administration of justice to be incumbent on the religion or the caste of the victim or the perpetrator of a crime.”

 Screengrab of Pawan Khera’s Google-translated post on X.
Screengrab of Pawan Khera’s Google-translated post on X.

Opinion

Editorial

Geopolitical games
Updated 18 Dec, 2024

Geopolitical games

While Assad may be gone — and not many are mourning the end of his brutal rule — Syria’s future does not look promising.
Polio’s toll
18 Dec, 2024

Polio’s toll

MONDAY’s attacks on polio workers in Karak and Bannu that martyred Constable Irfanullah and wounded two ...
Development expenditure
18 Dec, 2024

Development expenditure

PAKISTAN’S infrastructure development woes are wide and deep. The country must annually spend at least 10pc of its...
Risky slope
Updated 17 Dec, 2024

Risky slope

Inflation likely to see an upward trajectory once high base effect tapers off.
Digital ID bill
Updated 17 Dec, 2024

Digital ID bill

Without privacy safeguards, a centralised digital ID system could be misused for surveillance.
Dangerous revisionism
Updated 17 Dec, 2024

Dangerous revisionism

When hatemongers call for digging up every mosque to see what lies beneath, there is a darker agenda driving matters.