The political battle over the decision of the state government in poll-bound Gujarat to prematurely release the 11 convicts in the 2002 Bilkis Bano gangrape case has intensified, with the Congress questioning the kind of message that was being sought to be conveyed to the women of the country in disregard of the Prime Minister’s own commitment to the cause. Other parties like the TRS have asked for amendments to the IPC and CrPC to prevent those charged with rape from getting remission. Though the power of remission is subject to judicial review and the victim can approach the High Court or the Supreme Court, the process is fraught with concerns for the victim’s safety because of fear of reprisal.

The Gujarat Government has held that a jail advisory committee was formed to look into the early release of the convicts following an appeal in the Supreme Court by one of the accused under the state’s remission policy, which was in effect when they were pronounced guilty in the case. The 11 convicts who were welcomed with garlands and sweets after they walked free, were sentenced to life not just for the gangrape of Bilkis Bano but also for the murder of 14 members of her family, including her three-year-old child. This case exemplified the rapes and murders that terrorized and brutalized the Muslims of Gujarat in 2002. And the conviction provided closure to the community and restoration of faith in the justice system. The remission has dealt a severe blow to all that.

The legal system has to assure justice to the victims and ensure faith in the due process of law. The overall aim should be to make sure that the punishment is just and proves to be a deterrent against repetition of crime. Gujarat witnessed some of the worst communal trouble that scarred not only the state, but also the psyche of the nation. It is the responsibility of the state to ensure that harmony prevails. Remission to the convicts in the Bilkis Bano case must be reviewed.

(Tribune, India )