What is the Bilkis Bano Case? - Explained

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Bilkis Bano Case: The Bilkis Bano case is a significant and distressing incident in the history of communal violence in India. It occurred during the 2002 Gujarat riots, a period of inter-communal violence in the western state of Gujarat. Bilkis Bano, a 19-year-old pregnant Muslim woman, was gang-raped, and 14 members of her family were murdered on March 3, 2002. The brutality of the attack highlighted the extreme violence that took place during the riots.

The Supreme Court has criticized the Gujarat government for arbitrarily issuing an order to commute the sentences of the convicts in the Bilkis Bano rape case. A bench headed by Justice BV Nagarathna is scheduled to hear a petition on January 8, 2024, challenging the early release of 11 convicts who were sentenced to life imprisonment for the rape of Bilkis Bano and the murder of her family members during the 2002 Gujarat riots.

Bilkis Bano Case

What is the Bilkis Bano Case ?

The Bilkis Bano case is a high-profile criminal case in India, stemming from the communal riots that erupted in Gujarat in March 2002 following the Godhra train burning incident. The background of the Bilkis Bano case is deeply rooted in the wider context of the 2002 Gujarat riots, one of the most devastating episodes of communal violence in India's recent history.

The 2002 Gujarat Riots:

In late February 2002, the state of Gujarat witnessed large-scale communal violence between Hindus and Muslims. The immediate trigger was the burning of a train in Godhra on 27th February 2002, which resulted in the death of 59 Hindu pilgrims. This incident led to retaliatory violence against the Muslim community across Gujarat, resulting in extensive loss of life, property, and displacement.

Scale of the Violence:

The riots lasted for several weeks, with official figures stating over 1,000 people were killed, though unofficial estimates suggest the death toll was much higher. Thousands of homes and businesses were destroyed, and many Muslims were displaced from their homes and communities.

The Incident Involving Bilkis Bano:

Amidst this backdrop of widespread communal violence, on March 3, 2002, Bilkis Bano, a 19-year-old pregnant Muslim woman, was fleeing with her family from their village in the Dahod district to escape the violence. Their attempt to find refuge was tragically cut short when they were attacked by a mob in Randhikpur village, approximately 250 kilometers from Ahmedabad, the state capital.

During this attack, Bilkis Bano was gang-raped, and 14 members of her family, including her three-year-old daughter, were brutally murdered. The brutality of the attack on Bilkis Bano and her family became one of the most horrifying symbols of the Gujarat riots, highlighting the extreme violence suffered by women and children during communal conflicts.

Initial Response and Struggle for Justice:

The aftermath of the riots, including the Bilkis Bano case, saw a struggle for justice amidst allegations of state complicity and inadequate response from law enforcement agencies. The initial handling of the case was marked by delays and alleged cover-ups, leading to widespread criticism from national and international human rights organizations.

The Supreme Court of India's intervention, by transferring the case outside Gujarat for a fair trial, was a critical turning point in Bilkis Bano's pursuit of justice. The case's background is a stark reminder of the challenges faced by victims of communal violence in obtaining justice and the broader issues of communal harmony, human rights, and the rule of law in India.

Also Read: The Case of Shabnam vs. State of Uttar Pradesh

In 2008, a trial court in Mumbai convicted and sentenced 11 individuals to life imprisonment for their roles in the gang rape and murder. The court also convicted multiple police officers and doctors for tampering with evidence.

In 2017, the Bombay High Court upheld the convictions but dismissed conspiracy charges against some of the accused. The case highlights the challenges faced by survivors seeking justice in the aftermath of communal violence and emphasizes the need for accountability in such grave offenses.

Legal Proceedings

The legal proceedings in the Bilkis Bano case were marked by significant challenges, interventions by the Supreme Court of India, and ultimately led to a landmark conviction. Here's an overview of the key phases in the legal journey:

Initial Hurdles:

Following the attack, Bilkis Bano faced difficulties in getting her complaint registered. Her case was initially dismissed by the local police, citing inconsistencies.

Bilkis Bano petitioned the Supreme Court, which ordered the Central Bureau of Investigation (CBI) to take over the investigation in December 2003, recognizing the seriousness of the allegations and the potential for local biases in Gujarat.

CBI Investigation:

The CBI re-investigated the case, gathering evidence and testimonies that had been overlooked or improperly recorded.

Based on the CBI's findings, a charge sheet was filed against 19 individuals, covering charges of gang rape and murder.

Trial and Conviction:

Due to concerns about the defendants receiving local support in Gujarat that might influence the trial, the Supreme Court transferred the case to Mumbai, Maharashtra, in 2004, ensuring a fair trial.

In January 2008, the Mumbai Special Court convicted 11 men for gang rape and the murder of seven members of Bilkis Bano's family. Bilkis Bano was also provided with a compensation of 50 lakhs by the Supreme Court.

The convicted individuals received varying sentences, with some receiving life imprisonment.

Appeals and Supreme Court's Role:

The convicts, as well as the CBI, filed appeals in the Bombay High Court, challenging the convictions and seeking enhancements of the sentences, respectively.

In May 2017, the Bombay High Court upheld the life imprisonment of 11 convicts and dismissed any reductions in their sentences. It also upheld the acquittal of 7 other individuals for lack of evidence and the dismissal of charges against the remaining accused.

The convicts filed appeals against their convictions in the Supreme Court of India, which were eventually dismissed, affirming their life sentences.

Over the years, the Supreme Court has been actively involved in the case, directing both the Gujarat government and the Indian Railways to provide Bilkis Bano with a job and accommodation, in addition to financial compensation.

The legal proceedings in the Bilkis Bano case are a testament to the resilience of the victim and the pivotal role of the judiciary in upholding justice, especially in cases involving communal violence and crimes against women. It also highlighted the challenges in the Indian legal system in dealing with such heinous crimes, especially when they are interwoven with communal and societal biases.

Supreme Court on Bilkis Bano Case 

The verdict was pronounced last year when the 11 convicts were released on Independence Day, causing widespread controversy. On 8th January, 2024 the Supreme Court nullified the remission granted to these convicts, citing that the Gujarat government lacks the authority to grant such remissions. 

The apex court deemed the May 13, 2022 order of another bench, which had instructed the Gujarat government to consider the convicts' plea for sentence remission, as 'invalid.' 

The statements attributed to the Supreme Court judges regarding the Bilkis Bano case on January 8 are as follows:

2. "By suppressing important facts and creating misleading facts, a direction was sought by the convict to direct the State of Gujarat to consider condonation."

3. "This is a classic case where this court order was used to violate the rule of law by granting immunity."

4. "The apprehension that the State of Gujarat connived with the culprits...it was this which led this Court to transfer the trial out of the State."

5. "We hold: (1) The State Government of Gujarat had no competence to consider the applications for exemption or pass orders thereon."

6. "The fraudulently obtained order of the court dated 13th May was invalidated. All proceedings taken in furtherance of the judgment are also vitiated and void in law."

These statements reflect the Supreme Court's strong stance on the actions taken by the State of Gujarat in the Bilkis Bano case, highlighting concerns about the misuse of power and the violation of legal principles.

1. "The exercise of power by the State of Gujarat is an example of power capture and abuse of power.”

Conclusion

Bilkis Bano's courage in the face of adversity and her relentless pursuit of justice have made her a symbol of resilience and the struggle for justice in communal violence. Over the years, her case has continued to evoke discussions on communal harmony, the rights of victims, and the importance of the rule of law.

The Supreme Court of India has played a crucial role in ensuring justice in this case, including transferring the case out of Gujarat to ensure a fair trial and monitoring the progress of the trial. Bilkis Bano has also received support from various human rights organizations and activists across the country.

The Bilkis Bano case stands as a poignant reminder of the horrors of communal violence and the importance of the justice system in upholding human rights and dignity against such atrocities.

Case Title 

Bilkis Yakub Rasool v. Union of India & Ors.

Writ Petition (Criminal) No. 491 of 2022

Citation : 2024 (SC) 22

Download: Bilkis Bano case Supreme Court Judgement PDF

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Barristery.in: What is the Bilkis Bano Case? - Explained
What is the Bilkis Bano Case? - Explained
The Bilkis Bano case is a high-profile criminal case in India, stemming from the communal riots that erupted in Gujarat in March 2002.
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