Daily News Analysis

Bilkis Bano case

stylish_lining

Context: The Supreme Court has struck down the Gujarat government’s remission orders that allowed the early release of 11 men convicted in the Bilkis Bano gangrape case of 2002. A Bench of Justices B V Nagarathna and Ujjal Bhuyan on Monday (January 8) said the Gujarat government’s August 10, 2022 decision to remit the convicts’ sentences was “illegal”.

Background:

The Bilkis Bano case is related to the gang-rape of a 21-year-old Muslim woman, Bilkis Bano, during the communal riots that broke out in Gujarat in 2002.She was five months pregnant at the time of the incident. The case has been marked by several key milestones and controversies, including the conviction of 11 accused, their release on remission, and challenges to the premature release in the Supreme Court

  • The incident occurred on March 3, 2002, in the district of Dahod, Gujarat, during the Godhra riots
  • Bilkis Bano and her family were fleeing from the violence when they were captured by a mob of 20-30 Hindus
  • She was raped, and 14 of her family members were killed
  • Bilkis was taken to the Limkheda police station, where an FIR was registered, but the fact that she was raped was not stated, and the accused were not named

Trial and Conviction:

  • The local police repeatedly rejected Bilkis Bano's case, citing insufficient evidence
  • However, the CBI, after a thorough investigation, gathered all the evidence and arrested all the accused against whom the complaint was filed
  • In December 2003, Bilkis Bano approached the Supreme Court, where she filed a guilty plea
  • The National Human Rights Commission (NHRC) and Supreme Court took up the case and directed a CBI investigation
  • In January 2004, the CBI filed a chargesheet against 20 accused
  • In May 2017, the Bombay High Court upheld the conviction and life imprisonment of 11 convicts

Premature Release and Challenges:

  • In February 2020, the Gujarat government granted remission to the 11 convicts, allowing their release
  • Bilkis Bano and several other petitioners challenged the premature release of the convicts in the Supreme Court
  • The Supreme Court reserved its verdict on the pleas challenging the premature release of the 11 convicts and asked the Centre and Gujarat to produce records

On what grounds did the Supreme Court strike down the remission given by the Gujarat government in 2022?

  • The Gujarat government lacked the authority to consider remission applications for convicts seeking a reduced sentence, according to Justices B V Nagarathna and Ujjal Bhuyan.
  • The Supreme Court emphasized that, according to Section 432 of the CrPC, an application for remission should be submitted to the government within the territorial jurisdiction where the applicant was convicted, in this case, Maharashtra.
  • Despite the power of state governments under Section 432 to suspend or remit a sentence, Section 7(b) specifies that the appropriate government is the one within whose jurisdiction the offender is sentenced.
  • The court accused the state of Gujarat of exceeding its powers by considering remission applications that should have been handled by Maharashtra.

Can the convicts apply for remission again? If so, before whom, and under what rules?

  • The criminal justice system includes provisions for remission or reduction of sentences, acknowledging the potential for a person's reformation.
  • The Supreme Court emphasized the existence of competing interests, balancing the rights of the victim or their family to justice against the convict's claim to a second chance.
  • The court expressed skepticism about granting a second chance, especially for heinous offences, stating that it is not an indefeasible right of a convict.
  • Convicts can seek remission from the Maharashtra government in the future, with the decision depending on various factors, including the state's remission policy.
  • The judge referred to the Government Resolution (GR) dated April 11, 2008, which mandates a minimum imprisonment of 28 years for convicts guilty of crimes against women and minors with exceptional violence before applying for remission.

After the remission has been quashed, should the convicts be sent back to prison, or given the benefit of liberty?

Despite the careful consideration, the court concluded that the rule of law must take precedence over individual liberty.Consequently, the court decided to set aside the remission orders under scrutiny, leading to the natural consequence of the convicts being directed to report to the relevant jail authorities.

Mahatma Gandhi and Sree Narayana Guru

Introduction India recently commemorated the centenary of the historic conversation between Sree Narayana Guru and Mahatma Gandhi, organized by the Sree Narayana Dharma Sanghom Trust. The discu
Share It

Integral Humanism (Ekatma Manavvad)

Introduction In the mid-1960s, Pandit Deendayal Upadhyaya introduced Ekatma Manav Darshan or Integral Humanism as an indigenous ideological framework to guide India’s post-independence de
Share It

Grid Connected Rooftop Solar Scheme

Introduction The Grid Connected Rooftop Solar Scheme was launched by the Government of India with the objective of promoting clean energy solutions to combat pollution and reduce the consumptio
Share It

India-China Foreign Ministers Meeting & Bilateral Relations

Why in News? India’s External Affairs Minister held the first ministerial-level meeting with China’s Foreign Minister in Delhi since the LAC disengagement in November 2024.
Share It

Axiom-4 Mission

Why in the News? The Axiom-4 Mission, carrying Indian astronaut Group Captain Shubhanshu Shukla along with three others, successfully returned to Earth on July 15, 2025. About Axiom-4 (Ax-4)
Share It

Tourism Sector

Context: In light of the 50% US tariffs imposed on Indian goods, experts like former NITI Aayog CEO Amitabh Kant have suggested leveraging India’s tourism sector to offset potential export
Share It

Balancing Public Safety and Animal Welfare

The Supreme Court of India has recently issued a suo motu directive to remove stray dogs from the National Capital Region (NCR) following tragic attacks on children. This move has ignited a critic
Share It

Viksit Bharat@2047 Vision

As India aims to become a $30 trillion economy by 2047, a transformative vision dubbed Viksit Bharat@2047 calls for comprehensive reforms across various sectors to drive economic, social, and tech
Share It

Starlink

Starlink, the satellite internet service by SpaceX, has recently received a Unified Licence from the Indian government to provide satellite internet services in the country. This significant devel
Share It

Women in Armed Forces

The first-ever batch of 17 female cadets graduated from the National Defence Academy (NDA), marking a historic step toward greater gender inclusion in India's armed forces. Significance of
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS