Bilkis Bano: India PM Modi's government okayed rapists' release
Geeta Pandey - BBC News, Delhi
Tue, October 18, 2022
Bilkis Bano has said she wants her attackers to understand the severity of their crime
The government of Indian Prime Minister Narendra Modi approved the premature release of 11 men who were convicted for the gangrape of a pregnant Muslim woman and murder of 14 members of her family, including her three-year-old daughter, according to a court document.
The convicts were part of a Hindu mob that attacked Bilkis Bano and her family during the 2002 anti-Muslim riots in the western state of Gujarat.
The release of the men, who were serving life sentences for rape and murder, and the heroes' welcome they were accorded had caused global outrage.
Many were especially aghast as the convicts had walked free on 15 August - the day India was celebrating its independence day and just hours after Mr Modi had given a speech asking citizens to respect women.
A viral video showed the men lined up outside the Godhra jail while relatives gave them sweets and touched their feet to show respect.
State officials at the time said a government panel had approved the application for remission as the men - first convicted by a trial court in 2008 - had spent more than 14 years in jail, and after considering other factors such as their age and good behaviour in prison.
But on Monday, the Gujarat government submitted a document in the Supreme Court revealing that they had sought the federal government's approval - which was granted by the home ministry, led by Amit Shah, in July.
The approval had come despite opposition from a court and federal prosecutors who had said they should not be "released prematurely and no leniency may be shown" to them as their crime was "heinous, grave and serious".
The top court is hearing several petitions challenging the convicts' release.
The article contains details that some readers may find disturbing
Days after her attackers were freed, Bilkis Bano issued a statement calling the decision to free the men "unjust" and said it had "shaken" her faith in justice.
"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," she said.
"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," she wrote, appealing to the Gujarat government to "undo this harm" and "give me back my right to live without fear and in peace".
The decision had caused massive outrage in India. It was criticised by opposition parties, activists and several journalists, who said it discriminated against India's minority Muslims. Attacks on the community have risen sharply since the BJP formed the federal government in 2014.
More than 6,000 activists, historians and citizens issued a statement urging the Supreme Court to revoke the early release of the convicts, describing it as a "grave miscarriage of justice".
Many also pointed out that the release was in contravention of guidelines issued by both the federal government and the Gujarat state government - both say that rape and murder convicts cannot be granted remission. Life terms in these crimes are usually served until death in India.
The biggest setback from the state government's decision has been for Bilkis Bano and her family.
The anger and despondence of the family is easy to understand considering the magnitude of the crime and the protracted battle they had to fight for justice.
The riots began after a fire on a passenger train in Godhra town killed 60 Hindu pilgrims
The attack on Bilkis Bano and her family was one of the most horrific crimes during the riots, which began after 60 Hindu pilgrims died in a fire on a passenger train in Godhra town.
Blaming Muslims for starting the fire, Hindu mobs went on a rampage, attacking Muslim neighbourhoods. Over three days, more than 1,000 people died, most of them Muslims.
Prime Minister Narendra Modi, who was then Gujarat chief minister, was criticised for not doing enough to prevent the carnage. He has always denied wrongdoing and has not apologised for the riots.
In 2013, a Supreme Court panel also said that there was insufficient evidence to prosecute him. But critics have continued to blame him for the riots happening on his watch.
Over the years, the courts have convicted dozens of people for involvement in the riots, but some high-profile accused got bail or were exonerated by higher courts.
This included Maya Kodnani, an ex-minister and aide to Mr Modi, whom a trial court had called "the kingpin of the riots".
And now the men who wronged Bilkis Bano have also been set free.
I met Bilkis Bano in May 2017 at a safe house in Delhi, just days after the Bombay High Court had confirmed the life sentences of the 11 convicted in her case.
Fighting back tears, she recounted the horrors of the attack.
For three days in 2002, Hindu mobs went on a rampage in Gujarat
The morning after the train fire, Bilkis Bano - then 19 and pregnant with her second child - was visiting her parents in a village called Randhikpur near Godhra with her three-year-old daughter.
"I was in the kitchen making lunch, when my aunt and her children came running. They said their homes were being set on fire and we had to leave immediately," she told me. "We left with just the clothes we were wearing, we didn't even have the time to put on our slippers."
Bilkis Bano was in a group of 17 Muslims that included her daughter, her mother, a pregnant cousin, her younger siblings, nieces and nephews, and two adult men.
Over the next few days, they travelled from village to village, seeking shelter in mosques or subsisting on the kindness of Hindu neighbours.
India Supreme Court rejects riots plea against Modi
Life sentences over 2002 India massacre
On the morning of 3 March, as they set out to go to a nearby village where they believed they would be safer, a group of men stopped them.
"They attacked us with swords and sticks. One of them snatched my daughter from my lap and threw her on the ground, bashing her head into a rock."
Her attackers were her neighbours in the village, men she had seen almost daily while growing up. They tore off her clothes and several of them raped her, ignoring her pleas for mercy.
Her cousin, who had delivered a baby two days earlier while they were on the run, was raped and murdered and her newborn was killed.
Bilkis Bano survived because she lost consciousness and her attackers left, believing she was dead. Two boys - seven and four - were the only other survivors of the massacre.
Mr Modi was chief minister of Gujarat state when the riots took place
Bilkis Bano's fight for justice was long and nightmarish. It has been well documented that some police and state officials tried to intimidate her, evidence was destroyed and the dead were buried without post-mortems. The doctors who examined her said she hadn't been raped, and she received death threats.
The first arrests in the case were made only in 2004 after India's Supreme Court handed over the case to federal investigators. The top court also agreed that courts in Gujarat could not deliver her justice and transferred her case to Mumbai.
Her fight for justice was also disruptive for her family - they've had to move home nearly a dozen times.
"We still can't go home because we're afraid. Police and the state administration have always helped our attackers. When we are in Gujarat, we still cover our faces, we never give out our address," her husband had told me.
Gujarat's leader 'allowed' riots
India riots whistleblower gets life in jail
During trial, there were calls for the death penalty for Bilkis Bano's attackers, including from herself.
But after the high court in Mumbai sentenced them to life, she told me she was "not interested in revenge" and "just want them to understand what they've done".
"I hope they will one day realise the enormity of their crime, how they killed small children and raped women."
But, she added, she wanted them "to spend their entire lives in jail".
After their release, Mr Rasool told the Indian Express newspaper that his wife was "distressed and melancholic".
"The battle we fought for so many years has been wrapped up in one moment," he said.
"We have not even had the time to process this news and we know that the convicts have already reached their homes."
Geeta Pandey - BBC News, Delhi
Tue, October 18, 2022
Bilkis Bano has said she wants her attackers to understand the severity of their crime
The government of Indian Prime Minister Narendra Modi approved the premature release of 11 men who were convicted for the gangrape of a pregnant Muslim woman and murder of 14 members of her family, including her three-year-old daughter, according to a court document.
The convicts were part of a Hindu mob that attacked Bilkis Bano and her family during the 2002 anti-Muslim riots in the western state of Gujarat.
The release of the men, who were serving life sentences for rape and murder, and the heroes' welcome they were accorded had caused global outrage.
Many were especially aghast as the convicts had walked free on 15 August - the day India was celebrating its independence day and just hours after Mr Modi had given a speech asking citizens to respect women.
A viral video showed the men lined up outside the Godhra jail while relatives gave them sweets and touched their feet to show respect.
State officials at the time said a government panel had approved the application for remission as the men - first convicted by a trial court in 2008 - had spent more than 14 years in jail, and after considering other factors such as their age and good behaviour in prison.
But on Monday, the Gujarat government submitted a document in the Supreme Court revealing that they had sought the federal government's approval - which was granted by the home ministry, led by Amit Shah, in July.
The approval had come despite opposition from a court and federal prosecutors who had said they should not be "released prematurely and no leniency may be shown" to them as their crime was "heinous, grave and serious".
The top court is hearing several petitions challenging the convicts' release.
The article contains details that some readers may find disturbing
Days after her attackers were freed, Bilkis Bano issued a statement calling the decision to free the men "unjust" and said it had "shaken" her faith in justice.
"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," she said.
"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," she wrote, appealing to the Gujarat government to "undo this harm" and "give me back my right to live without fear and in peace".
The decision had caused massive outrage in India. It was criticised by opposition parties, activists and several journalists, who said it discriminated against India's minority Muslims. Attacks on the community have risen sharply since the BJP formed the federal government in 2014.
More than 6,000 activists, historians and citizens issued a statement urging the Supreme Court to revoke the early release of the convicts, describing it as a "grave miscarriage of justice".
Many also pointed out that the release was in contravention of guidelines issued by both the federal government and the Gujarat state government - both say that rape and murder convicts cannot be granted remission. Life terms in these crimes are usually served until death in India.
The biggest setback from the state government's decision has been for Bilkis Bano and her family.
The anger and despondence of the family is easy to understand considering the magnitude of the crime and the protracted battle they had to fight for justice.
The riots began after a fire on a passenger train in Godhra town killed 60 Hindu pilgrims
The attack on Bilkis Bano and her family was one of the most horrific crimes during the riots, which began after 60 Hindu pilgrims died in a fire on a passenger train in Godhra town.
Blaming Muslims for starting the fire, Hindu mobs went on a rampage, attacking Muslim neighbourhoods. Over three days, more than 1,000 people died, most of them Muslims.
Prime Minister Narendra Modi, who was then Gujarat chief minister, was criticised for not doing enough to prevent the carnage. He has always denied wrongdoing and has not apologised for the riots.
In 2013, a Supreme Court panel also said that there was insufficient evidence to prosecute him. But critics have continued to blame him for the riots happening on his watch.
Over the years, the courts have convicted dozens of people for involvement in the riots, but some high-profile accused got bail or were exonerated by higher courts.
This included Maya Kodnani, an ex-minister and aide to Mr Modi, whom a trial court had called "the kingpin of the riots".
And now the men who wronged Bilkis Bano have also been set free.
I met Bilkis Bano in May 2017 at a safe house in Delhi, just days after the Bombay High Court had confirmed the life sentences of the 11 convicted in her case.
Fighting back tears, she recounted the horrors of the attack.
For three days in 2002, Hindu mobs went on a rampage in Gujarat
The morning after the train fire, Bilkis Bano - then 19 and pregnant with her second child - was visiting her parents in a village called Randhikpur near Godhra with her three-year-old daughter.
"I was in the kitchen making lunch, when my aunt and her children came running. They said their homes were being set on fire and we had to leave immediately," she told me. "We left with just the clothes we were wearing, we didn't even have the time to put on our slippers."
Bilkis Bano was in a group of 17 Muslims that included her daughter, her mother, a pregnant cousin, her younger siblings, nieces and nephews, and two adult men.
Over the next few days, they travelled from village to village, seeking shelter in mosques or subsisting on the kindness of Hindu neighbours.
India Supreme Court rejects riots plea against Modi
Life sentences over 2002 India massacre
On the morning of 3 March, as they set out to go to a nearby village where they believed they would be safer, a group of men stopped them.
"They attacked us with swords and sticks. One of them snatched my daughter from my lap and threw her on the ground, bashing her head into a rock."
Her attackers were her neighbours in the village, men she had seen almost daily while growing up. They tore off her clothes and several of them raped her, ignoring her pleas for mercy.
Her cousin, who had delivered a baby two days earlier while they were on the run, was raped and murdered and her newborn was killed.
Bilkis Bano survived because she lost consciousness and her attackers left, believing she was dead. Two boys - seven and four - were the only other survivors of the massacre.
Mr Modi was chief minister of Gujarat state when the riots took place
Bilkis Bano's fight for justice was long and nightmarish. It has been well documented that some police and state officials tried to intimidate her, evidence was destroyed and the dead were buried without post-mortems. The doctors who examined her said she hadn't been raped, and she received death threats.
The first arrests in the case were made only in 2004 after India's Supreme Court handed over the case to federal investigators. The top court also agreed that courts in Gujarat could not deliver her justice and transferred her case to Mumbai.
Her fight for justice was also disruptive for her family - they've had to move home nearly a dozen times.
"We still can't go home because we're afraid. Police and the state administration have always helped our attackers. When we are in Gujarat, we still cover our faces, we never give out our address," her husband had told me.
Gujarat's leader 'allowed' riots
India riots whistleblower gets life in jail
During trial, there were calls for the death penalty for Bilkis Bano's attackers, including from herself.
But after the high court in Mumbai sentenced them to life, she told me she was "not interested in revenge" and "just want them to understand what they've done".
"I hope they will one day realise the enormity of their crime, how they killed small children and raped women."
But, she added, she wanted them "to spend their entire lives in jail".
After their release, Mr Rasool told the Indian Express newspaper that his wife was "distressed and melancholic".
"The battle we fought for so many years has been wrapped up in one moment," he said.
"We have not even had the time to process this news and we know that the convicts have already reached their homes."
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