SC’s Judgment on the Bilkis Bano Case Brings Back Hope in the Judiciary: A Flickering One, Though!
Image Source: India Today
On January 8, 2023, the Supreme Court quashed the remission granted by the Gujarat government to the 11 convicts who were convicted for the gang rape of the then 5-month pregnant Bilkis Bano and the murder of 14 members of her family.
This atrocious crime unfolded against the backdrop of the Godhra incident, 2002, marked by mass killings and religious tensions. After a long battle for justice surrounded by numerous challenges and amidst political, institutional, and religious shielding of the accused, it was only after seven long years that Bilkis Bano and people supporting her were successful in putting the 11 accused behind bars. In 2009, the case finally moved to the Mumbai High Court, considering the perceived incompetence of the Gujarat Judiciary to deliver justice. The accused were finally convicted and put behind bars. Further, the SC issued orders in 2019 upholding the prospects of a better life and compensation for Bilkis Bano.
However, the long-time battle for justice by Bilkis Bano and people supporting her was all zeroed with the release of the convicts on the grounds of remission by the Gujarat Government. Earlier to this full-fledged release of the convicts, too, the struggles and pains endured by Bilkis Bano were often shamed with the punishments of these convicts being abated time and again in the garb of paroles awarded to them. Ironically, the release date of the full-fledged release of these convicts aligned with Indian Independence Day, 2022, and some hours after Prime Minister Modi made a flattering Independence Day speech, including the issue of women empowerment in India, garnering mass applause from the nation and worldwide.
The release of the convicts in the home state of Prime Minister Modi, with his party in power, surely pointed to the gulf existing between words and actions for the cause of women empowerment. As if with the intention of rubbing more salt into the pains of Bilkis Bano and the sentiments of numerous women and minorities rooting for justice for Bilkis Bano, the convicts were welcomed with garlands and respect outside the jail. This support and solidarity to these convicts were not only extended by some common people but also many people in power. Several MLAs of the ruling party BJP and its associates, which are still at its core highly guided by the Hindutva ideologies of V.D. Savarkar, seemed to be celebrating the release of these convicts.
The release of these convicts seemed to be clearly motivated by political gains as the bells of the Gujarat elections were ringing close by. The move was visibly associated with the plan of alluring people already sick-minded due to deep-rooted religious hatred. The release of the convicts of such heinous crimes was celebrated by adding religious contours and colors as deemed fit to make it advantageous for the coming elections. Evidently, the move actually proved to be beneficial, reaping victory for BJP in the 2022 Gujarat elections.
However, this release of convicts of such heinous crimes was highly condemned by women, woke citizens, and the educated masses, laying the foundation for filing various writ petitions against the Gujarat HC decision of release on grounds of remission. Bilkis Bano, who hadn’t still overcome the pain incited upon her, had to once again go through the judicial corridors with her plea for justice and the dignity of her life. After about two years of the convicts being set free, it was finally on the Monday of the second week of January that Bilkis Bano and people with sentiments associated with her pain took a sigh of relief with the SC decisions. The two-judge bench chaired by Justice B.V. Nagarathna and Justice Ujjal Bhuyan directed the Gujarat Government to consider the remission application nullified.
This judgment turning down the politically motivated unjust act of releasing the convicts of heinous crimes, inter alia, against women came as a beacon of hope in the times of dwindling judicial independence and waning trust in the Judiciary.
The judgment also laid down that “The trust of the people in the efficacy of law is the savior and succor for the sustenance of the rule of law. Justice is supreme, and justice ought to be beneficial for society. Law courts exist for society and ought to rise to the occasion to do the needful in the matter. Respect for law is one of the cardinal principles for the effective operation of the Constitution, law, and popular Government. The faith of the people is the source to invigorate justice intertwined with the efficacy of law. Therefore, it is the primary duty and the highest responsibility of this Court to correct arbitrary orders at the earliest and maintain the confidence of the litigant public in the purity of the fountain of justice and thereby respect the rule of law.”
As the contemporary judiciary teeters on the edge of becoming a mere puppet in the hands of political powers, this decision rekindles hope and underscores the vital role of the judiciary in upholding justice. However, this hope remains flickering and vulnerable to the breezy winds of political aspirations. To safeguard justice, the judiciary must stand firm, independent of biases, and committed to delivering justice equitably. In the wise words of Martin Luther King Jr., “Injustice anywhere is a threat to justice everywhere.” Strengthening the entire judicial system is imperative to eradicate any loopholes that might perpetuate injustice.
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