Case Analysis: Bilkis Yakub Rasool V. Union Of India

Rishi Bhalerao & Vandan Pareek, Symbiosis Law School, Hyderabad

ABSTRACT

The 2002 Gujarat Riots was a dark chapter in India's history, marked by widespread violence, human rights violations, and the failure of the state to protect its citizens. Her case, Bilkis Yakub Rasool v. Union of India and Others1, eventually reached the Supreme Court of India, which delivered a landmark judgment in 2022.

This research paper aims at critically analysing the Bilkis Bano case with respect to related areas and important decisions discussed state accountability for violation of human rights; and relief as well as rehabilitation for victims in mass violence cases. In other words, it is not an isolated incident but reflects unresolved systemic failures or societal obstacles preventing many ways to deal with mass atrocities and seek justice for survivors. This means that this judgment has the potential to create a precedent on those issues being addressed. The Bilkis Bano case also questions the state on preventing and addressing mass violence as well as providing victims with rehabilitation. This is aimed at taking care of these concerns and making sure that the necessary support is given to the victims to enable them attain justice.

Additionally, this paper will assess whether or how the judgment impacts on wider human rights in India and its compliance with international human rights law and principles. Thus, through international instruments like Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law2, it can be deduced that it is committed to maintaining global standards.