The Bilkis Bano case has returned to the spotlight after Congress leaders Rahul Gandhi and Priyanka Gandhi Vadra criticised Union Education Minister Pralhad Joshi in Parliament, calling him a "defender of rapists".
The remarks referred to Joshi's public defence of the Gujarat government's 2022 decision to grant remission to the 11 men convicted in the Bilkis Bano gang rape and murder case. The political exchange has once again drawn attention to one of India's most significant criminal cases involving sexual violence during communal violence.
Here's what the Bilkis Bano case is about and why it continues to be legally and politically significant.
What happened in the Bilkis Bano case?
The case dates back to the 2002 Gujarat riots.
On 3 March 2002, Bilkis Bano, then 21 years old and five months pregnant, was fleeing the violence with her family near Randhikpur village in Gujarat's Dahod district when they were attacked by a mob.
According to court records:
Bilkis Bano was gang-raped.
Seven members of her family, including her three-year-old daughter, were killed.
Bilkis survived and later became the principal witness in the case.
ALSO WATCH: The Bilkis Bano case: a timeline
Why was the investigation transferred?
Bilkis Bano alleged that the initial police investigation was flawed.
Her first complaint reportedly did not fully record the allegations of sexual assault, and the local police later filed reports stating that the accused could not be identified.
Seeking an independent investigation, Bilkis approached the Supreme Court.
In December 2003, the Supreme Court transferred the investigation to the Central Bureau of Investigation (CBI).
The apex court later shifted the trial from Gujarat to Maharashtra, observing that a fair trial would be difficult if the proceedings remained in Gujarat. The case was subsequently heard by a special CBI court in Mumbai.
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Who was convicted?
In January 2008, the special CBI court in Mumbai convicted 11 men of offences including gang rape and murder.
All 11 were sentenced to life imprisonment.
The trial court had acquitted several police officers and doctors accused of tampering with evidence. However, in May 2017, the Bombay High Court upheld the convictions of the 11 men and overturned the acquittal of five police officers and two doctors, convicting them for destroying evidence and preparing incorrect records during the investigation. The Supreme Court later dismissed their appeals.
What compensation did Bilkis Bano receive?
In April 2019, the Supreme Court directed the Gujarat government to:
Pay Bilkis Bano Rs. 50 lakh in compensation.
Provide her with government employment.
Arrange suitable accommodation.
The court said these measures were necessary to help rehabilitate her after the grave violations of her fundamental rights.
Why did the remission decision spark controversy?
On 15 August 2022, the Gujarat government granted remission to all 11 convicted men.
The convicts were released after serving more than 15 years in prison.
The decision triggered widespread criticism and was challenged before the Supreme Court by Bilkis Bano and other petitioners, who argued that Gujarat did not have the legal authority to grant remission because the trial had been conducted in Maharashtra.
What did the Supreme Court decide?
On 8 January 2024, the Supreme Court quashed the remission granted to the 11 convicts.
The court held that:
Gujarat was not the "appropriate government" to decide remission because the trial had been conducted in Maharashtra.
The remission orders had been passed without legal authority.
The 11 convicted men must surrender and return to prison.
The judgment did not reconsider the convictions themselves. It dealt solely with whether the remission orders were legally valid.
Why is the case considered significant?
The Bilkis Bano case is regarded as a landmark in India's criminal justice system because it established important legal precedents on:
Transferring sensitive criminal investigations and trials to ensure a fair hearing.
Protecting witnesses in high-profile criminal cases.
Judicial scrutiny of remission decisions.
Clarifying which state government has the authority to grant remission when a criminal trial is transferred to another state.
Timeline
3 March 2002
Bilkis Bano is gang-raped during the Gujarat riots. Seven members of her family are killed.
December 2003
The Supreme Court transfers the investigation to the CBI.
2004
The Supreme Court shifts the trial from Gujarat to Maharashtra.
January 2008
A special CBI court in Mumbai convicts 11 men and sentences them to life imprisonment.
May 2017
The Bombay High Court upholds the convictions of the 11 men and convicts five police officers and two doctors for tampering with evidence and preparing incorrect records.
April 2019
The Supreme Court awards Bilkis Bano Rs. 50 lakh in compensation and directs the Gujarat government to provide her with employment and accommodation.
15 August 2022
The Gujarat government grants remission to all 11 convicts, who are released from prison.
8 January 2024
The Supreme Court quashes the remission orders, rules that Gujarat lacked the authority to grant remission, and directs the convicts to surrender.
Why is it in the news now?
The case has resurfaced after Rahul Gandhi and Priyanka Gandhi Vadra criticised Union Education Minister Pralhad Joshi over his remarks defending the 2022 remission granted to the 11 convicts. The Congress leaders referred to those remarks while questioning Joshi's appointment, prompting a political confrontation in Parliament and bringing renewed public attention to the Bilkis Bano case.
