Pureganics at 20:16, 20 April 2026

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{{Short description|Criminal case in Gujarat, India}}
{{Lead extra info|date=July 2024}}

During the [[2002 Gujarat riots]] in India, Bilkis Bano, a five month pregnant mother of five, fled her home in the village of Randhikpur with her family, including her husband and three year old daughter Saleha, in an attempt to escape the violence sweeping the region after the Godhra Incident. The group sought refuge in the Chhaparvad but were attacked by a mob of 20-30 men armed with sickles, swords, and stones who killed seven members of her family, including her young daughter.<ref name="Hindustan Times | Bilkis Bano case: Timeline of events">{{cite web|url=https://www.hindustantimes.com/india-news/bilkis-bano-case-timeline-of-events-from-2002-to-sc-verdict-101704694459166.html|title=Bilkis Bano case: Timeline of events from 2002 to SC verdict}}</ref>

Bano herself was subjected to sexual violence. Eleven men from the mob gang-raped her, along with her mother and three other women. However, she survived the attack and her case gained national and international attention, as an indictment of the systemic failures in addressing violence and crimes against women during heightened communal tensions and the struggle for justice and accountability in India thence.

== Criminal proceeding ==

After the police dismissed the case against her assailants, Bano approached the [[National Human Rights Commission of India]] and petitioned the Supreme Court seeking a reinvestigation. The Supreme Court granted the motion, directing the [[Central Bureau of Investigation]] (CBI) to take over the investigation. The CBI appointed a team of experts from the [[Central Forensic Science Laboratory]] (CFSL) Delhi and [[All India Institute of Medical Sciences]] (AIIMS) led by Professor [[Tirath Das Dogra|T. D. Dogra]] to exhume the mass graves to establish the identity and cause of death of the victims, successfully doing so.<ref>{{cite web|url=http://www.indianexpress.com/news/the-meticulous-seven-and-a-sevenday-hunt-for-proof/264049|title=The meticulous seven, and a seven-day hunt for proof-Amitabh Sinha|location= New Delhi |date=21 January 2008 |work=The Indian Express|access-date=10 February 2013}}</ref>

The trial of the case was transferred out of Gujarat on the fears of bias in the judiciary towards the perpetrators and into a court in Maharahstra in August 2004. The union government was directed to appoint a public prosecutor.<ref name="Deccan-Herald-Aug-9-04" >{{cite news | title = A hopeful Bilkis goes public |work=Deccan Herald |location=India |date=9 August 2004 | url = http://www.deccanherald.com/archives/aug092004/n14.asp|archive-url= https://web.archive.org/web/20080323094551/http://www.deccanherald.com/archives/aug092004/n14.asp|archive-date= 23 March 2008| access-date=4 February 2011 }}</ref><ref name="Telegraph-Aug-7-04">{{cite news | title = Second riot case shift | work = The Telegraph |date=7 August 2004 | url = http://www.telegraphindia.com/1040807/asp/frontpage/story_3595362.asp| archive-url = https://web.archive.org/web/20040903144523/http://www.telegraphindia.com/1040807/asp/frontpage/story_3595362.asp| url-status = dead| archive-date = 3 September 2004| access-date=4 February 2011 }}</ref> Charges were filed against nineteen people as well as six police officials and a government doctor over their role in the initial investigations in a court in Mumbai.<ref name="Hindu-Jan-14-05">{{cite news | title = Charges framed in Bilkis case |date=14 January 2005 | url = http://www.hindu.com/2005/01/14/stories/2005011403701300.htm | archive-url = https://web.archive.org/web/20050130200053/http://www.hindu.com/2005/01/14/stories/2005011403701300.htm | archive-date = 30 January 2005 | location=Chennai, India| work = [[The Hindu]] | access-date=4 February 2011 }}</ref>

In January 2008, eleven men were sentenced to life imprisonment for rapes and murders and a policeman was convicted of falsifying evidence.<ref>{{cite news | title = Rape victim Bilkis Bano hails victory for Muslims as Hindu assailants are jailed for life | author = Jeremy Page |work=The Times |location=London | date = 23 January 2008 | url = http://www.timesonline.co.uk/tol/news/world/asia/article3234530.ece | access-date=4 February 2011 }}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}}</ref> The [[Bombay High Court]] upheld the life imprisonment of the eleven men convicted for the gang rape of Bilkis Bano and the murder of her family members during the 2002 Gujarat riots on 8 May 2017. The court also set aside the acquittal of the remaining seven accused in the case, including [[Gujarat Police|Gujarat police]] officers and doctors of a government hospital, who were charged with suppressing and tampering with evidence.<ref>{{Cite news|url=http://indianexpress.com/article/india/bilkis-bano-verdict-gujarat-2002-riots-bombay-hc-life-imprisonment-cbi-death-convicts-4640051/|title=Bilkis Bano gangrape case verdict: Bombay HC convicts 5 Gujarat cops, 2 doctors, upholds life for 11|date=5 May 2017|work=The Indian Express|language=en-US}}</ref>

== Civil compensation ==

On 23 April 2019, the Supreme Court ordered the Government of Gujarat pay Bano ₹50 lakh as compensation, alongwith a job in the government and housing in the area of her choice.<ref>{{Cite news |url=https://www.thehindu.com/news/national/sc-orders-gujarat-govt-to-pay-50-lakh-compensation-to-bilkis-bano/article26919852.ece |title=SC orders Gujarat govt to pay ₹50 lakh compensation to Bilkis Bano |newspaper=The Hindu |date=23 April 2019 |access-date=24 April 2019 |archive-date=9 February 2021 |archive-url=https://web.archive.org/web/20210209053505/https://www.thehindu.com/news/national/sc-orders-gujarat-govt-to-pay-50-lakh-compensation-to-bilkis-bano/article26919852.ece |url-status=live }}</ref>

== Remission ==

In March 2022, Radheshyam Bhagwandas Shah, one of the men convicted in the case approached the Supreme Court seeking a remission of his sentence. He claimed that the Gujarat State Government had an obligation to consider his early release as per the state’s 1992 remission policy. State governments may enact remission policies to allow individuals or certain classes of individuals to file applications for early release from prison.<ref>{{Cite web |title=Early Release of Bilkis Bano Gangrape Convicts |url=https://www.scobserver.in/cases/early-release-of-bilkis-bano-gangrape-convicts/ |access-date=2024-03-20 |website=Supreme Court Observer |language=en-US}}</ref>

On 15 August 2022, the eleven men sentenced to life imprisonment in the case were released from a Godhra jail by the Gujarat government.<ref>{{Cite news|url=https://scroll.in/latest/1030549/bilkis-bano-gangrape-11-men-sentenced-to-life-imprisonment-released-from-jail|title=Bilkis Bano gangrape: 11 men sentenced to life imprisonment released from jail|date=16 August 2022|work=Scroll.in|language=en-US}}</ref> The judge who sentenced the rapists said the early release by the Gujarat government set a bad precedent and warned that the move would have wide ramifications, saying that "This is wrong... Now, convicts in other gangrape cases would seek similar reliefs”.<ref>{{cite news |title=Bilkis Bano case: Gujarat has set bad precedent by releasing convicts, says judge who sentenced them |url=https://scroll.in/latest/1030820/bilkis-bano-case-on-court-to-decide-if-releasing-convicts-is-right-says-judge-who-sentenced-them |access-date=20 August 2022 |work=Scroll.in |date=19 August 2022}}</ref>

The panel which granted remission included two legislators from the [[Bharatiya Janata Party]] (BJP), which was the state government at that the time of the riots.<ref>{{cite news |last1=Langa |first1=Mahesh |title=Two BJP legislators on panel that backed remission in Bilkis Bano case |url=https://www.thehindu.com/news/national/two-bjp-legislators-on-panel-that-backed-remission-in-bilkis-bano-case/article65780663.ece |access-date=2022-08-30 |newspaper=The Hindu |date=2022-08-17}}</ref> A BJP MLA, one of the panelists, has said that some of the convicts are "''[[Brahmin|Brahmins]]''" with good '''sanskaar''<nowiki/>' or values.<ref>{{Cite news |last=PTI |date=2022-08-19 |title=Some convicts in Bilkis Bano case are 'Brahmins with good sanskaar', says Gujarat BJP MLA |url=https://www.thehindu.com/news/national/other-states/some-convicts-in-bilkis-bano-case-are-brahmins-with-good-sanskaar-says-gujarat-bjp-mla/article65786447.ece |access-date=2024-01-09 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref> After being released from the jail, they were welcomed with sweets and their feet touched in respect.<ref>{{cite news |title=Bilkis Bano case convicts greeted with sweets; Owaisi questions PM Modi |url=https://www.hindustantimes.com/india-news/owaisi-questions-pm-modi-as-bilkis-bano-case-convicts-greeted-with-sweets-101660650551483.html |access-date=2022-08-30 |work=Hindustan Times |date=2022-08-16}}</ref>

Two days after the remission, Bilkis Bano issued a statement expressing her grief at the release of her rapists, saying "The release of these convicts has taken from me my peace and shaken my faith in justice."<ref>{{Cite news |date=2022-08-18 |title=Bilkis Bano: The pain of seeing my rapists go free |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-asia-india-62574247 |access-date=2022-08-18}}</ref><ref>{{cite news |last1=Pal |first1=Sumedha |title='I Fear For Our Future': Bilkis Bano's Husband on Release of 11 Convicts |url=https://thewire.in/rights/bilkis-bano-husband-convict-release |access-date=20 August 2022 |work=The Wire |date=16 August 2022}}</ref> Many Muslims from her village left their homes due to safety concerns.<ref>{{cite news |last1=Dahiya |first1=Himanshi |title='Won't Go Back Till Convicts Out': Muslims Leave Bilkis Bano's Village Overnight |url=https://www.thequint.com/news/india/muslim-families-leave-randhikpur-bilkis-bano-case-gujarat-riots-2002 |access-date=2022-08-29 |work=The Quint |date=2022-08-25}}</ref>

== Supreme Court decision on remission ==
On 18 August 2022, around 6,000 signatories, including activists, eminent writers, historians, filmmakers, journalists and former bureaucrats, urged the Supreme Court to revoke the early release of the convicted individuals,<ref>{{cite news |title=Over 6,000 Signatories Urge SC to Revoke Early Release of Convicts in Bilkis Bano Case |url=https://thewire.in/rights/over-6000-signatories-demand-revoking-remission-of-convicts-in-bilkis-bano-case |access-date=20 August 2022 |work=The Wire |date=18 August 2022}}</ref> while parties in the opposition such as the INC criticized the BJP.<ref>{{cite news |title='Real Face' of New India: Opposition Slams Modi Over Release of Bilkis Bano Case Convicts |url=https://thewire.in/politics/opposition-slams-modi-bilkis-bano-case-release |access-date=20 August 2022 |work=The Wire |date=16 August 2022}}</ref> The convicts harassed the witnesses of the case when they were out on parole as recently as 2021, which added to the criticism of the remission.<ref>{{cite news |last1=Pathak |first1=Maulik |title=Bilkis case convicts threatened witnesses in past, show records |url=https://www.hindustantimes.com/india-news/bilkis-case-convicts-threatened-witnesses-in-past-show-records-101660935225918.html |access-date=2022-08-30 |work=[[Hindustan Times]] |date=2022-08-20}}</ref>

A few days later, the Supreme Court agreed to look into plea challenging the release.<ref>{{cite news |author=Scroll Staff |title=Bilkis Bano case: Supreme Court says it will look into plea challenging release of 11 convicts |url=https://scroll.in/latest/1031093/bilkis-bano-case-remission-of-11-convicts-challenged-before-supreme-court |access-date=2022-08-23 |work=Scroll.in |date=2022-08-23}}</ref> A bench comprising Chief Justice of India [[N. V. Ramana]], [[Ajay Rastogi|Justice Ajay Rastogi]], and Justice [[Vikram Nath]] however posed a query with respect to the legal bar on grant of remission to the convicts.<ref>{{cite news |title= Chief Justice N V Ramana also asked the petitioners to implead those who have been granted remission as parties in the matter |url=https://bigmirror.in/sc-issues-notice-to-gujarat-govt-over-release-of-bilkis-bano-case-convicts |access-date=25 August 2022 |work=Big Mirror News|date=25 August 2022}}</ref>

On 8 January 2024, [[Supreme Court of India]] has held that the Gujarat government was not competent to grant remission because the remission could only be granted by the government of the state where the trial was held, namely Maharashtra.<ref>{{Cite web |date=2024-01-08 |title=Bilkis Bano case: SC says Gujarat government not competent to remit sentences of 11 convicts |url=https://www.hindustantimes.com/india-news/bilkis-bano-case-sc-holds-gujarat-government-wasnt-competent-to-remit-sentence-101704691381488.html |access-date=2024-01-08 |website=Hindustan Times |language=en}}</ref> The Court struck down the remission granted to the 11 men who had been sentenced to life imprisonment and ordered that the men surrender themselves to the authorities within 15 days.<ref>{{Cite web |date=2024-10-14 |title=बिलकिस बानो केस 2002 :दोषियों को सज़ा, रिहाई और रिहाई निरस्त |url=https://www.cheggindia.com/hi/bilkis-bano-case/ |access-date=2025-02-10 |website=www.cheggindia.com |language=hi-IN}}</ref>

== References ==
{{Reflist}}

{{DEFAULTSORT:Bano, Bilkis case}}
[[Category:Supreme Court of India cases]]
[[Category:Indian criminal law]]
[[Category:2002 Gujarat riots]]
[[Category:Family murders]]
[[Category:2002 murders in India]]
[[Category:Gang rape in India]]
[[Category:Rape in the 2000s]]
[[Category:Sword attacks in India]]
[[Category:Mass stabbings in India]]
[[Category:Stabbing attacks in 2002]]
[[Category:Stone pelting in India]]
[[Category:Child murder in India]]

Bilkis Bano case - Revision history

Pureganics at 20:16, 20 April 2026