Bilkis Bano case: Gujarat govt violated provisions of remission law, says Vrinda Grover

Noted Supreme Court lawyer and rights activist Vrinda Grover on Saturday alleged that Gujarat is a carceral and majoritarian state which violated the provisions of the remission law by releasing the 11 convicts in the Bilkis Bano case.

Grover was speaking at an event held in memory of Girish Patel, a human rights activist and lawyer who died in 2018. The programme was organised by advocate Anand Yagnik, activist Bhavna Ramrakhiyani and others. 

Eleven convicts in the Bilkis Bano case were released on August 15. A pregnant Bilkis was gang-raped during the 2002 riots and her family members, including her daughter, were killed.

Grover said though remission is an important part of penology, the largesse has not been offered to all the convicts. Had that been the case, then the jails of Gujarat should not be having prisoners who have completed 14 or 15 years of imprisonment, she said. 

The lawyer pointed out that the panel that “unanimously” recommended remission also consisted of BJP members. The convicts are believed to have been released as per the 1992 policy, but the central government, earlier this year, had come out with a policy by which gang-rape convicts do not fall under the purview of remission, she claimed. 

Grover noted that U.D. Salvi, the judge who gave the verdict in Bilkis Bano case, was not consulted before granting remission to the convicts.  According to her, opinions are a guiding factor. 

She alleged that the central government is on a “radio silence mode”. While whether the Gujarat government had sought Centre’s view remains debatable, Grover felt that the silence meant that the view was taken. Someone will have to answer, she said. 

She felt that the way the convicts were feted after their release certainly had a message for the society. 

Grover  also said that the remission is part of erasing the truth of post-Godhra violence. 

Speaking about the way in which things are shaping up, Grover said that the activists, who have been fighting for the victims, are being demonized. “I have not come across a more horrific case than that of Bilkis Bano and what she has done is extraordinary. She could not have done it alone,” she observed. 

Replying to a question whether it is necessary for Bilkis to approach the Supreme Court, she replied in negative and said that she has done enough. It is our burden to get justice for her. It is the Supreme Court’s burden and if the top court does not get it for her, then it is the responsibility of the people of India, Grover said. 

Grover said that though it was not necessary to have consulted Bilkis before remission, implications on her safety should have been considered, she said, adding that it affects a larger society. 

The issue, she said, is not about religion but much beyond. 

Grover said that democracy was that of the people of India and not that of any political party or the state and it was our duty to keep it up.