bilkis-bano

The Gujarat government's decision to release the accused in the Bilkis Bano gang-rape case from jail before the completion of their sentence was questioning the law and the sense of justice itself. The legendary judgment passed by the Supreme Court yesterday in this case is a loud cry that the light of justice has not been completely extinguished and there is still a ray of hope. The Supreme Court has quashed the Gujarat government's move to acquit the eleven accused in the case. The summary of the verdict is that the eleven accused who were released will have to serve jail time again. The proposal is to surrender within two weeks. The Gujarat government released all eleven accused with remission of sentence on the strength of the order obtained by one of the accused by misleading the court.

With the verdict in the case that the entire country was watching, it is not just Bilkis Bano who has been struggling for justice for two decades who is relieved. This is also a judgment that recognizes the rights and dignity of the women community in the country that is being trampled on. It also points the finger at the government's actions of harbouring criminals.

In fact, the Gujarat government had no power to release the accused who had been sentenced to life imprisonment. The reason given by the Supreme Court was that the trial of the case was not held in Gujarat. The Bilkis Bano case, which caused a stir, was transferred to a special court in Maharashtra after the Supreme Court intervened. Therefore, the decision regarding the accused should come from the Maharashtra government. Moreover, since it is a case investigated by the CBI, the central government should also be informed to make a final decision on the release of the accused. The fact that the accused have served 14 years in prison is not sufficient reason to grant release. Life sentence should mean imprisonment for life. Otherwise, the sentence should clearly state the number of years of imprisonment. The accused in this case have been sentenced to life imprisonment. The judgment of the trial court was upheld by the Bombay High Court in 2017.

Bilkis Bano and her family members were attacked during the Gujarat riots that erupted following the Godhra train burning incident. The assailants gang-raped Bilkis, who was five months pregnant. 14 family members, including her three-year-old child, were massacred. The subsequent life of Bilkis Bano is also an immense saga of legal battles.

Justice Nagaratna specifically emphasized that it is the sacred duty of the court to protect both the rights and justice of the victims in such cases. The Gujarat government's action in this case is something that should never have happened. It was an abuse of power. Not only that, it can only be described as a heinous decision. Depending on the nature and circumstances of the crime, benefits are awarded to the accused in some cases. However, if we consider the horrific and brutal experiences that Bilkis Bano and her family had to face, it can be seen that the defendants do not deserve any leniency. A terrible tragedy took place which was so heinous that it tarnished the reputation of the country itself. This is also a big victory for the rule of law in the country. It is also an important judgment from the Supreme Court which calls out that the struggle of the poor for justice will not be in vain.