Bilkis Bano And The Broken Promise Of Justice: A Critical Analysis Of India's Remission Policies

Avanish Kumar, Research Scholar, Faculty of Law, University of Lucknow, Lucknow

Ananya Verma (LL.B., LL.M.), Faculty of Law, University of Lucknow, Lucknow

ABSTRACT

The release of 11 convicts, sentenced to life imprisonment for the gang rape of Bilkis Bano and the murder of her family during the 2002 Gujarat riots, has ignited a firestorm of controversy in India. This decision, rooted in the state's remission policy, has sparked outrage and reignited debates about justice, victim's rights, and the role of the state in upholding the rule of law. This article delves into the complexities surrounding the Bilkis Bano case, scrutinizing the legal framework that enabled the remission of these convicts. It critically examines the remission policies in India, highlighting the discretionary powers vested in state governments and the potential for political considerations to overshadow the principles of justice and accountability. The Bilkis Bano case serves as a stark reminder of the vulnerabilities inherent in India's legal system, particularly when it comes to protecting the rights of marginalized and vulnerable groups. The remission of these convicts has been condemned as a betrayal of justice, not only for Bilkis Bano but also for countless survivors of sexual violence and communal violence who seek redress through the courts. Beyond the specifics of this case, this article raises key questions about the purpose of punishment, the efficacy of rehabilitation, and the delicate balance between societal healing and individual justice. It argues for a more transparent, accountable, and victim-centric approach to remission, making sure such decisions are not made in haste or under political pressure, but rather with due diligence and a commitment to upholding the principles of fairness and equity. Ultimately, this article seeks to spark a wider conversation about the need for comprehensive reforms in India's remission policies, so as to prevent future miscarriages of justice and ensure that the voices of victims are heard and respected. It advocates for a deeper grasp of the intricate relationship between law, politics, and social justice in a society grappling with its past traumas and striving for a more equitable future.

Keywords: Bilkis Bano case, India, Political Neutrality, Remission Policies, Victim’s Rights, Justice.