By M L Satyan

Bengaluru, Aug 26, 2022: A few days ago, I met a small group of priests and nuns. I just asked them a question, “Are you aware of the Bilkis Bano’s case?” Surprisingly none could give me an answer. Taking this as an example, I can conclude that a vast majority of the priests and nuns may not be aware of what happened in Gujarat starting from Godhra incident in 2002 to the release of the 11 convicts on the Independence Day this year.

Background: Gujarat had turned violent after the Sabarmati train was burnt in Godhra on February 27, 2002. Fifty-nine karsevaks were killed in the train.

Fearing the outbreak of violence, a then five-month pregnant Bilkis Bano fled from Randhikpur, her village, with her three-year-old daughter and 15 other family members.

They took refuge in the Chhaparvad district. However, on March 03, 2002, they were attacked by about 20-30 people armed with sickles, swords, and sticks. Among the attackers were the 11 accused men. Bilkis, her mother, and three other women were raped and brutally assaulted. Of the 17-member group of Muslims from Randhikpur village, eight were found dead, six were missing. Only Bilkis and two more persons survived the attack.

As per multiple reports, Bilkis regained consciousness three hours after the incident and after borrowing clothes from a tribal woman made her way to the Limkheda police station to register a complaint. Bilkis was taken to a public hospital for medical examination only after she reached the Godhra relief camp. Her case was taken up by the National Human Rights Commission (NHRC) and Supreme Court, which ordered an investigation by the CBI.

Progress of the case: The accused in the case were arrested in 2004 and the trial began in Ahmedabad. However, after Bilkis expressed apprehensions that witnesses could be harmed and the evidence collected by the CBI tampered with, the apex court transferred the case to Mumbai.

On January 21, 2008, the Special CBI Court sentenced 11 accused men to life imprisonment on the charges of conspiring to rape a pregnant woman, murder and unlawful assembly under the Indian Penal Code. The court acquitted seven other accused for lack of evidence. One of the accused had died during the trial.

Almost 10 years after this, the Bombay High Court, in May 2017, upheld the conviction and life imprisonment of 11 people in the gang rape case. In 2019, the Supreme Court awarded compensation of Rs.50 lakh to Bilkis-the first such order in a case related to the 2002 riots.

Release from jail: These 11 men who were sentenced to life imprisonment in the Bilkis Bano gangrape case of 2002 were released from Godhra sub-jail on August 15 after a panel set up by the Gujarat government approved their application for remission of the sentence. Additional Chief Secretary (Home) Raj Kumar said the remission application was considered because the convicts had completed 15 years in jail, and factors such as “age, nature of the crime, behaviour in prison and so on”.

The convicts were welcomed by groups linked to the ruling BJP with sweets, hugs and garlands. A BJP MLA said, “These men are Brahmins with “good sanskar” (good culture). They exhibited their good behaviour in the jail. Hence, the government considered their release favourably.”

Reactions: Initially stunned by the release, Bano herself broke her silence and in a statement released through her lawyer Advocate Shobha, said, “When I heard that the 11 convicted men, who devastated my family and my life, and took from me my three-year-old daughter, had walked free, I was bereft of words. This has shaken my faith in the justice system and left me shocked and numb.”

Speaking to The Wire, Bilkis’s husband Yakub Rasul said, “Our entire house is grieving the judgement as we had no idea that this was happening. We were not given any notice that this will be happening.” He added, “We are now scared of what will happen in future. We are not sure as to what we will do now because we feel that there is no hope. There is nothing left for us to do now.”

The incident turned into a huge political controversy with the special court judge who convicted the men also raising questions about the Gujarat government’s decision. Three Public Interest Litigations were filed in the Supreme Court by Communist Party of India (Marxist) Politburo Member Subhashini Ali, Trinamool Congress MP Mahua Moitra, and one other petitioner challenging the remission and consequent release of 11 convicts on the Independence Day.

On August 25, 2022 the Supreme Court heard the petitions challenging the grant of remission by the Gujarat government to 11 convicts in the Bilkis Bano gangrape case. The Supreme Court has sent a notice to Gujarat government asking for an explanation on the release of the 11 convicts. (Source of the above news stories: NDTV).

Congress leaders Rahul Gandhi and Priyanka Gandhi targeted the Prime Minister and his party over the release of the convicts in the Bilkis Bano case and said the entire country is seeing the difference between his words and deeds. He said, “Those who raped a five-month pregnant woman and killed her three-year-old daughter were released during the 75th year of India’s Independence. What message is being given to the women of the country?”

Recently, the cine actress Khushbu Sundar gave an interview to NDTV. She expressed her shock over the release of the 11 convicts. She said that the release of the convicts is an insult to humanity. She was disappointed since there was no nation-wide response like Nirbhaya’s case.

Questions: In the scenario of Bilkis Bano and the release of the 11 convicts
• What is the response of the Christian community?
• Have the Catholic Church bodies like CBCI, CCBI, CRI, social/human rights activists, religious nuns, clergy, church-run NGOs and church media responded to this issue?
• If a nun is raped, the church becomes active by organising protest marches, candle light processions and public meetings etc. Why is the church passive in Bilkis Bano’s case?
• If a church building or a priest/pastor is attacked, Christians express their anger and protest in many ways. Why are they silent when injustice is done to Bano and her family?
• How long the church will remain as an island or a frog in the well?
• When will the Indian Catholic Church become PROPHETIC?