The Bilkis Bano Case: A Landmark Lesson in Jurisdiction, Remission, and the Rule of Law

Photo credits: BBC

This article was written by staff contributor Aanya Chawla.

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In the history of Indian criminal law, the Bilkis Bano case has gone beyond its facts and become a tragic tale of power, the justice system, and enduring the fight for closure.

During the 2002 Gujarat riots, twenty-one-year-old Bilkis Bano was gang raped, and fourteen members of her family, including her three-year-old daughter, were murdered. After a long and tiring legal battle, the Supreme Court in 2008 upheld the life sentences of the eleven men convicted of these atrocities. This verdict was praised as a landmark moment, a rare case of accountability in an often anarchic justice system.

On the 15th of August, 2022, India celebrated the 75th anniversary of its independence, a milestone event often called ‘Azadi Ka Amrit Mahotsav’ (festival of freedom). The air was thick with speeches about liberty, justice, and the enduring spirit of the Indian constitution. Yet, on this very day dedicated to freedom from colonial rule, the government of Gujarat granted a different kind of freedom. 

They granted remission to the eleven convicts convicted for the atrocities committed during the Gujarat riots, following their release on 15th August. One might think they’d be welcomed with public ostracization and humility; instead, the convicts were being welcomed with sweets and garlands, with one panelist on the remission committee even defending them as “Brahmins” with good values. It was as if the ideals of the freedom struggle, which sought to protect the weakest from the tyranny of the powerful, were being inverted to protect the powerful who had tyrannized the weak.

Eventually, the Supreme Court intervened in January 2024, delivering a judgment that revoked the remission order. The Court ruled that the Gujarat government had “usurped” power that lawfully belonged to the state of Maharashtra and condemned the release as illegal. The bench ordered the eleven convicts to surrender and return to prison within two weeks. On paper, justice was restored; the highest court in the nation had corrected a grave error and reaffirmed its authority.

Yet, this “legal triumph” has proven to be tragically hollow in its implementation, with reports that nine of the eleven convicts are now missing; the events unfolding create a mockery of the Indian legal system. The state that so efficiently released them on a day of national pride now appears unable to find them to enforce a court order. The freedom granted on Independence Day for these men seemingly became permanent. A bitter testament to a system where legal victories can be meaningless, where the most powerful irony is that true justice remains, for some, forever out of reach.

WORKS CITED

"Bilkis Bano Case: SC Quashes Gujarat Govt's Remission Order to Convicts, Asks Them to Surrender in 2 Weeks." Scroll.in, 8 Jan. 2024, scroll.in/latest/1062199/bilkis-bano-case-sc-quashes-gujarat-govts-remission-order-to-convicts-asks-them-to-surrender-in-2-weeks.

Bilkis Bano vs. Union of India and Others. Supreme Court of India, 8 Jan. 2024. Supreme Court of India, main.sci.gov.in/supremecourt/2008/21819/21819_2008_1_1501_49203_Judgement_08-Jan-2024.pdf.

"Where Are the Bilkis Bano Case Convicts Now? Have the Police Mislaid 9 of Them, Again?" National Herald, 24 Jan. 2024, www.nationalheraldindia.com/national/where-are-the-bilkis-bano-case-convicts-now-have-the-police-mislaid-9-of-them-again.

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Jurisview Journal is a student-led blog that publishes biweekly articles about interesting criminal cases. Our aim is to shed light on cases that require justice or further exploration and provide input on controversial legal events. We also publish infographics to help victims or those who wish to educate themselves on legal issues.