India’s Supreme Court has ordered the return to captivity of eleven men who were released in August 2022 after being convicted for their involvement in a gang attack on a pregnant Muslim woman, Bilkis Bano, during anti-Muslim violence in Gujarat state in 2002. The men, part of a Hindu mob, were serving life sentences for the attack on Bilkis Bano and the murder of 14 of her family members. The release was ordered by the Gujarat government, but the Supreme Court ruled that the state was not competent to pass such an order as the men had been tried and convicted in a court in the neighboring state of Maharashtra.
Bilkis Bano, who had appealed to the court after the men were released, expressed relief at the decision to overturn their release. The Supreme Court emphasized that justice includes the rights of victims, and the primary duty of the court is to uphold justice and the rule of law. The court stated that the 11 convicts must return to captivity within two weeks.
The case is significant, especially in Gujarat, where Prime Minister Narendra Modi was the chief minister at the time of the violence in 2002. Critics had accused him of not doing enough to address the situation. The Gujarat state government had sought the release of the men, and it was granted by the home ministry, led by Prime Minister Modi’s close associate Amit Shah.
The court’s decision is expected to have implications, and it highlights the importance of upholding justice and the rule of law. Bilkis Bano, after the release of her attackers, had expressed a loss of faith in justice. The 2002 violence in Gujarat, triggered by the burning of a train carrying Hindu pilgrims, resulted in widespread communal clashes, leading to the deaths of over 1,000 people, mostly Muslims. Bilkis Bano’s fight for justice has been prolonged, facing challenges such as destroyed evidence and attempts to intimidate her. While many have been convicted for their roles in the violence, critics continue to raise concerns about accountability at higher levels, including Prime Minister Modi.
