India's top court overrules early release of 11 in gang rape case

AFP | New Delhi                                                    

The Daily Tribune – www.newsofbahrain.com

India's top court ruled Monday that 11 murderers convicted of a gang rape that drew global outrage, but who were released early, must return to jail.

Bilkis Bano and two of her children were the only survivors among a group of Muslims attacked by a Hindu mob in the western state of Gujarat in 2002 during one of post-independence India's worst religious riots.

"I have wept tears of relief," Bilkis said in a statement released by her lawyer Shobha Gupta.

"I have smiled for the first time in over a year and a half. I have hugged my children. It feels like a stone the size of a mountain has been lifted from my chest, and I can breathe again. This is what justice feels like."

Bilkis, now in her 40s, was pregnant at the time and seven of the 14 people murdered were relatives, including her three-year-old daughter.

She thanked the court for "giving me, my children and women everywhere, this vindication and hope in the promise of equal justice for all".

The attack took place when Hindu nationalist Narendra Modi, now India's prime minister, was the premier of Gujarat.

Modi was accused of turning a blind eye to the riots but was cleared of any wrongdoing in 2012, two years before his Bharatiya Janata Party (BJP) won national power.

The 11 convicts were freed in August 2022 following a recommendation by a state government panel but must now return to jail within two weeks, the Supreme Court in New Delhi ruled.

"Their plea for protection of their liberty is rejected," the court said, adding that allowing them to remain free would "not be in consonance of the rule of law".

- 'Such hate' -

News of the verdict was greeted with fireworks in Gujarat's Randhikpur, Bilkis's home village.

"I have said before, and I say again today, journeys like mine can never be made alone," Bilkis said.

"I have had my husband and my children by my side. I have had my friends who have given me so much love at a time of such hate, and held my hand at each difficult turn."

In 2022, the men were accorded a heroes' welcome when they were released and a viral video showed relatives and supporters welcoming them with sweets and garlands.

The convicts' release triggered angry reactions across the country, especially since it coincided with India's Independence Day celebrations, when Modi spoke about women's safety and security.

Soon afterwards, Bilkis said she was "bereft of words".

On Monday, she said she had nearly given up hope and thanked all who had supported her to allow her to continue.

"I felt I had exhausted my reservoir of courage, until a million solidarities came my way," she said.

The opposition Congress party welcomed Monday's ruling, saying it exposed the BJP's "callous disregard for women".

"It is a slap on the face of those who facilitated the illegal release of these criminals and also those who garlanded the convicts and fed sweets to them," spokesman Pawan Khera posted on social media.

"India will not allow administration of justice to be incumbent on the religion or the caste of the victim or the perpetrator of a crime."