Manas Dasgupta
NEW DELHI, Aug 16: Within hours of the prime minister Narendra Modi talked about more empowerment of women from the ramparts of the Red Fort on the occasion of the 76th Independence Day on Monday, 11 life convicts of Bilkis Bano gang rape and murder of seven of her family members during the infamous Gujarat riots of 2002, walked out of the Godhra central jail amidst a hero’s welcome with garlands and distribution of sweets.
They were among those granted release by the Gujarat government with special remissions in their punishments as part of the “amrit mahotsava” celebrations of India’s independence. The release was granted despite that it contradicted an advisory issued by the centre listing which category of prisoners could be granted remission with an emphatic no to all those convicted of rape charges. Though both run by the BJP, the governments at the Centre and Gujarat seem to differ in how to treat rape convicts.
The Bilkis Bano gang rape and murder of her seven family members was one of the nine heinous crimes listed by the Supreme Court then and investigated by the Special Investigation Team (SIT) appointed by it and functioned under its direct supervision. The 11 accused were sentenced to life imprisonment by a special court in Mumbai in 2008 and later it was upheld by the Bombay High Court.
Bilkis Bano was 21 years old — five months pregnant — when she was raped and her toddler daughter killed along with six others from the family in Dahod district on March 3, 2002. They were hiding in fields, hoping to escape the violence that erupted after the burning of a Sabarmati Express coach that killed 59 ‘kar sevaks’ just days earlier. In 2019, the Supreme Court even directed the Gujarat government to give her ₹ 50 lakh as compensation, besides a house and a job. Three years on, the convicts are free.
In June this year, proposing a special release policy for convicted prisoners to mark ‘Azadi Ka Amrit Mahotsava’ (75 years of Independence), the Centre issued guidelines to states. Rape convicts are listed among those who are not to be granted release under this policy.
Technically, the Centre’s guidelines may not apply to the Bilkis Bano case. In freeing the 11 men — convicted of conspiring to rape a pregnant woman, and murder — the Gujarat government followed its own policy of 1992 as per the Supreme Court’s directions in May to consider a remission plea by one of the convicts. The court has held that the policy in effect at the time of conviction shall apply in such cases.
But, in principle, Gujarat’s decision appears to be in conflict with the Centre’s opposition to releasing rape convicts. This opposition is expressly stated in centre’s guidelines available on the Home Ministry website. In fact, one of the points says no one with life sentence be released — that, too, would have disqualified the 11 life-term convicts in the Bilkis Bano case.
The release came after one of the convicts went to the court earlier this year, pleading for premature release under the Code of Criminal Procedure, as he had served about 15 years. The Supreme Court said a decision can be taken by the Gujarat government as per its 1992 policy, which was in place at the time of the conviction. Upon release on Monday, the convicts were greeted with sweets outside the Godhra jail.
Bilkis Bano’s husband Yakub Rasool said the family did not want to comment on the release yet: “We were not told about this… All we want to do is pray for peace of the souls of our near and dear ones who lost their lives in the riots.” Rasool said he, his wife Bilkis, and their five sons, the eldest now 20, continue to live without a fixed address. “Every day, we remember those who were killed in the incident, including our daughter.” Bilkis Bano had told the court during trial that she knew the rapists. They used to buy milk from her family.
“I feel glad to be out,” said Radheshyam Shah, the convict whose plea paved the way for the release, “I will be able to meet my family members and begin a new life.” “When I was not released after 14 years in jail, I approached the Supreme Court for remission. The court directed the Gujarat government to take a decision, after which we were released,” he said.
The Gujarat government’s decision granting the rapists premature release was condemned by many and questioned by the Congress. The release of the convicts of Gujarat riots was “appeasement politics” ahead of the state elections in Gujarat, Asaduddin Owaisi, the chief of AIMIM, said. “It is more unfortunate as the Prime Minister talked about more power to women from Red Fort on the Independence Day. It is sending a wrong message to the Muslim community and sets a wrong precedent,” he added. “This is again a crime committed against Bilkis Bano. Fresh wounds are given to Bilkis Bano. I hope good sense would prevail in the BJP,” Owaisi said.
Elections are due in Gujarat by the end of this year, in which the BJP is hoping for another term in power in the state. “The BJP is completely biased to people practicing a certain religion. Why are people in jail for Godhra? They don’t care about rule of law. They are committing a crime again. They have no remorse,” he added.
“In his Independence Day speech, Modi had asked the people to take a pledge not to do anything that lowers the dignity of women… The Gujarat BJP government released criminals convicted of gangrape on the same day. The message is clear,” he said.
The Congress hit out at Modi and said the release of the Bilkis Bano case convicts “reflected BJP’s mindset.” Congress spokesperson Pawan Khera asked whether the Prime Minister’s statements had any meaning and said Modi should tell the country if he himself believed in his words when he spoke about the safety, respect and empowerment of women. “The BJP Government in Gujarat released 11 convicts in the Bilkis Bano gang rape case. This decision brings out the BJP Government’s mindset,” he told reporters.
He also referred to the Kathua and Unnao cases and said it embarrasses everyone in politics when office-bearers and supporters of a national political party are seen taking out a rally in favour of rapists on the streets. “Yesterday, from the ramparts of the Red Fort, the Prime Minister spoke big things about women’s safety, women’s power, women’s respect. A few hours later the Gujarat Government released those behind the rape. We also saw that the convicts in the rape who were released are being honoured. Is this the Amrit Mahotsava?” Khera asked.