The Indian Supreme Court ordered on Monday the reversal of a statement government's decision to release 11 convicted men of gang-raping a pregnant Muslim woman during the Hindu-Muslim riots in 2002.
The country's high court said that the men should return to jail for the sexual assault of Bilkis Bano and murder of her family members. The individuals were allegedly part of a Hindu mob who were sentenced to life for what they did to the victim. The same mob was also responsible for the killing of 14 of Bano's family members, including her three-year-old daughter.
Bilkis Bano Rape Case
The suspects were released in August 2022 after serving 14 years of their sentence following a decision by an advisory panel that was set up by the Gujarat state government. The latter was led by Prime Minister Narendra Modi's Bharatiya Janata Party (BJP).
On Monday, however, India's high court reversed that decision and ordered the individuals to report back to prison authorities within two weeks. The court also said that the Gujarat government was "lacking in competency" to pass the remission orders, as per CNN.
The high court slammed the Gujarat government for allegedly abusing its discretionary powers in releasing the 11 convicts without authority. Supporters of Bano celebrated the Supreme Court's decision. They decried the men's release as an attack not only on Muslims but women's rights in a nation where government data had shown that a woman is raped every 17 minutes.
In a statement, Bano's lawyer, Shobha Gupta said on Monday following the high court's ruling that the rule of law has been restored by the judgment. He also congratulated the Bilkis and everyone who stood by Bano and fought in support of her.
An advocate for one of the petitioners in the case, Aparna Bhat, also praised the high court's ruling. He noted that they salute the judges who interpreted the whole provision of the law and for categorically directing that the accused should return to jail.
Release of the Convicts
The 2002 riots have long hounded Modi, who has been facing accusations of ordering the state authorities to allow the bloodshed that lasted for several weeks. The prime minister has repeatedly denied having any role in the violence and the Supreme Court said it found no evidence to prosecute him, according to Aljazeera.
After Bano heard the news of the men being released from prison and being ordered to go back, she "wept tears of relief." She also expressed gratitude to the Indian Supreme Court for "giving me, my children, and women everywhere this vindication and hope in the promise of equal justice for all."
The Supreme Court's landmark judgment is expected to create ripples, particularly in Gujarat where Modi was previously the chief minister at the time of the riots. After the men were released in 2022, they were given a heroes welcome as they left the jail in Godhra. Their relatives gave them sweets and touched their feet to show respect.
On the other hand, federal prosecutors opposed the early release, saying that they should not be "released prematurely and no leniency may be shown" to them. This is because the crime that they committed was considered "heinous, grave, and serious," said BBC.
