ICCJ expresses solidarity with movements across India that have been protesting the remission granted to 11 convicts in the Bilkis Bano case. It is concerned that this remission in such a gruesome case will undermine women’s confidence in taking judicial recourse against abuse and rape, and that it will further discourage women who brave grave threats to bring culprits to book.
Bilkis Bano, a Muslim woman, was brutally gang raped during the communal violence that tore through the state of Gujarat, as a retaliation against the Muslim community following the Godhra train burning, Gujarat in 2022. She was 21 years old and five months pregnant. Bilkis’ mother and three other women were also raped and brutally assaulted. Her three-and-a-half-year-old daughter Saleha, who was with her, was killed along with seven of her family members.
Among the attackers were the 11 accused men. Bilkis Bano’s case was taken up by the National Human Rights Commission (NHRC), resulting in the Supreme Courtordering an investigation by the CBI. The trial was moved out of Gujarat to Maharashtra after Bilkis Bano received death threats. In the Mumbai court, charges were filed against 19 men, including six police officers and a government doctor. In January 2008, a special court convicted 11 accused of conspiring to rape a pregnant woman, murder, unlawful assembly, and of charges under other sections of the Indian Penal Code.
In callous disregard to the victim and her safety, the convicts were released as India celebrated the 75th anniversary of its Independence on 15 August 2022. The convicts were welcomed out of prison with sweets and garlands, on their premature release from jail in Godhra. The Gujarat government said it relied on its 1992 remission policy to approve their applications for remission of the sentence and not the current policy of 2014 which does not allow remission in rape and gang-rape cases or those investigated by the CBI as was the case of BilkisBano. The government further said, the men were released on the grounds that their “behaviour was found to be good”. Media, academic, political leaders, human rights organisations and women’s organisations among others have condemned the remission.
However, the Supreme Court has agreed to hear a fresh plea moved by the National Federation of Indian Women challenging the remission of the sentence and the release of the convictson November 29, 2022.
We hope that the highest court in the country will judge this case in a manner to make the judicial system respectful of women’s dignity and rights, accessible to women who seek justice, and will also strengthen confidence in the Constitutional principles of equality and equal rights before law for all. We believe everyone seeking legal justice deserves it – women, minorities, Dalits, Adivasis, Tribals, women, and all excluded sections.
Sincerely
Indian Christian Collective for Justice
Names:
Annie Namala, Aruna Gnanadason, Chandran Paul Martin, David Selvaraj, Deenabandhu Manchala, Bishop Geevarghese Mor Coorilos, Inbaraj Jayakumar, Israel Gollapalli, Jesudas Athyal, Joseph Prabhakar Dayam, Paul Divakar, Philip Peacock, Samuel Jayakumar, Seno Tsuhah, Shanti Mathai, Sudipta Singh and Wati Longchar.
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The members of the Collective do not represent any church, organization or institution
Indian Christian Collective for Justice is a space for people who dare to speak truth to powers, resist injustice and abuse of power, and work collaboratively to explore new meanings and expressions of being church in India. It is an open and inclusive space for young people, activists, academics, writers, artists, theologians, church workers and all who are committed to exploring inclusive, non-hierarchical, and people-based expressions of Christian presence and action that are rooted in justice and compassion. It is committed to the vision of a transformed world.