• The court found the men guilty of rape and sentenced them to life in prison.
• Justice B.V. Nagarathna stated that Gujarat state did not have any authorization.
• The ruling has reinstated faith in the justice system among Indians, particularly women.

On Monday, India’s apex court annulled the remission granted to 11 Hindu men convicted for raping a Muslim mother and murdering seven members of her family during religious riots in 2002. People widely regard the anti-Muslim riots in Gujarat, a western state, as some of the most severe instances of religious unrest in the predominantly Hindu country.

Prime Minister Narendra Modi was the state’s chief minister during the violence that claimed over 1,000 lives, mostly Muslims.

In 2008, the court found 11 men guilty of rape and murder in the case of Bilkis Bano, a 19-year-old pregnant woman brutally gang-raped, and sentenced them to life.  The assailants also killed her seven family members, including her three-year-old daughter.

In 2022, the Gujarat government ordered an early release for the men after they had served 14 years in jail, sparking widespread condemnation across the country and leading to several petitions submitted to the Supreme Court.

Justice B.V. Nagarathna:

Reading from the judgment on Monday, the two-judge Supreme Court bench, headed by Justice B.V. Nagarathna stated that Gujarat state did not have the authority to issue the remission order in the case, as a court in Maharashtra state tried and convicted the men.

“The exercise of power by the state of Gujarat is an instance of usurpation of power and abuse of power. This is a classic case where someone used the order of this court to violate the rule of law by granting remission. On that ground also, we should quash the remission orders,” Nagarthna said.

“A woman deserves respect howsoever high or low she may otherwise be considered in society or to whatever faith she may follow or whatever creed she may belong to. Can heinous crimes against women permit remission? These are the issues that arise,” she said. “Justice can be done only by sending them back to prison.”

Indian media reports indicate that Bilkis Bano has been living in hiding since her attackers’ release due to safety concerns.

According to her legal representative, the ruling of the top court has reinstated faith in the justice system among Indians.

“It is a very good judgment which has upheld the rule of law and the faith of the people of this country, particularly the women, in the legal system, the courts, and that there is an assurance for justice,” Vrinda Grover, one of the lawyers representing Bano, told reporters.

“It’s a huge relief for the women of the country,” Annie Raja, general secretary of the National Federation of Indian Women, told the news.

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