Evaluating The Law On Remission In The Bilkis Bano Case

Kamlesh Singh, Bharati Vidhyapeeth (Deemed University), New Law College, Pune

“It is very apparent that what should not have happened has happened and the state has to give compensation”.

Eleven persons convicted for gang rape and murder who were sentenced to life imprisonment were prematurely released on 15 August 2022 on the ground of Azadi Ka Amrit Mahaostav The garlands and sweets offered to these convicted prisoners after their release by right-wing activists not only have brought back the memory of the crimes committed in the Gujarat riots of 2002 but also a grim reminder that the trauma and tormenting memory of the heinous crimes are bound to stay, particularly with those who were able to secure some degree of justice from the law enforcement and judicial agencies that were processing the cases for justice.

The Patronage of the Bilkis Bano

Bilkis Yakub Rasool (herein refer as Bilks Bano ) and her kindered family were assailed on March 3 2002 during the Gujarat Riots. She was gang raped and seven of her family appendeage members were murdered. The Supreme Court in 2004 has ordered a CBI probe into the incident and arrests were made. In 2008, the Special CBI Court in Mumbai sentenced the 11 accused to life imprisonment on the charges of conspiring to rape a pregnant woman (Section 354)2, murder3 and unlawful assembly4 under the Indian Penal Code5.