Trigger Warning: Mention of Rape
After 11 convicts who were serving a life sentence in the Bilkis Bano gangrape case were released from a Godhra jail, Bano’s advocate released a statement on her behalf, in which she expresses disappointment and fear for her safety. The Gujarat government recently approved their application for remission of the sentence and the convicts were able to walk free, after serving more than 14 years in jail.

“Two days ago, on August 15, 2022, the trauma of the past 20 years washed over me again. When I heard that the convicts who had devastated my family and life had walked free, I was bereft of words. I am still numb,” Bano’s statement read.

In her statement, Bano expressed her grief and disappointment: “How can justice for any woman end like this? I trusted the highest courts in our land. I trusted the system, and I was learning slowly to live with my trauma. The release of these convicts has taken from me my peace and shaken my faith in justice. My sorrow and my wavering faith is not for myself alone but for every woman who is struggling for justice in courts.”

Bano added that her “safety and well-being” weren’t taken into account when this decision was made. “Give me back my right to live without fear and in peace. Please ensure that my family and I are kept safe,” the statement concluded.

What happened in 2002

Bilkis Bano and her family got caught in the Gujarat riots of 2002. Bilkis Bano, who was pregnant with her second child and had a toddler daughter, was visiting her parents in a village near Godhra. However, they set out barefoot when they learnt of the riots. Bano had her daughter, her mother, a pregnant cousin, her younger siblings, nieces and nephews, and two male adult relatives. That’s when a group of men, armed with swords and sticks stopped them. The men tore her clothes and raped her. Her cousin had delivered a baby two days ago, and she and her newborn both were killed. Bano says she survived because she fell unconscious and the attackers probably assumed that she died too, like most of her family members.

The case

In 2003, Bano’s case was dismissed by the police, but after she approached the National Human Rights Commission Of India and petitioned the Supreme Court, it was handed over to the Central Bureau Investigation (CBI). The CBI collected all evidence and arrested all the accused in 2004. In 2008, the court convicted the accused of conspiracy, rape and murder, and 11 of those were sentenced to life imprisonment. The same year, the accused challenged their conviction. In 2011, CBI appealed to the Bombay High Court seeking a death penalty for three of the convicts. After going back and forth, the Bombay HC upheld the life imprisonment sentence given to the 11 convicts.

After a plea for an early release, the state granted the convicts the benefit of the Government's remission policy. Additional Chief Secretary (Home), Raj Kumar told The Indian Express: “The 11 convicts have served a 14-year sentence in total. According to law, a life term means a minimum period of 14 years after which the convict can apply for remission. It is then the decision of the government to consider the application. Based on eligibility, prisoners are granted remission after the recommendation of the prison advisory committee as well as district legal authorities.”