What Is Remission Policy? Reason Behind Release Of Bilkis Bano Gangrape Case Convicts

What Is Remission Policy: Bilkis Bano Case took a shocking turn when the 11 convicts were released after 14 years of imprisonment on recommendation of the Gujarat government under the remission policy.

Bilkis Bano, a 20-year-old pregnant woman was gangraped by 13 men whom she considered her uncle and brothers during the Gujrat riots of 2002. The accused persons, namely, Govindbhai Nai, Radhyesham Shah, Kesarbhai Vohania, Bakabhai Vohania, Mitesh Bhatt, Jaswantbhai Nai, Shailesh Bhatt, Bipin Chandra Joshi, Pradeep Mordhiya, Rajubhai Soni and Ramesh Chandana, killed seven of her family members. When she went to file an FIR, the constable wrote a shortened version of her complaint. However, she did not give up her fight for justice and even after multiple death threats, she continued raising her voice.

In 2008, all 11 accused were sentenced with life imprisonment but on August 15, all of them were released under the provision of the remission policy.

What Is Remission Policy?

The Remission Policy of Indian Law says that considering various factors like behaviour, age, antecedents, health among other things of the convicts, the sentence duration can be reduced without altering the nature of the sentence. The decision reportedly lies in the hands of President or Governor to decide whether convicts can be released early. The court has no say in it as once the sentence is finalised, the case no longer remains in their authority. Although Supreme Court can be involved in remission process, the final call is of the Governor or the President.

For states remission policy, Central Government has very little say in the decision. Under Criminal Procedure Code's sections 432 and 433, the states were granted remission permission and in 1978, under the section 433A of the same code, it was provisioned that after completing 14 years of imprisonment, a man can apply for remission as 14 years is considered as the duration of lifetime imprisonment. These were the provisions that worked in favour of the Bilkis Bano case convicts.

The remission was first filed by Radhyesham Shah in the Gujrat High Court but the court declined the plea, saying that the matter was not in its jurisdiction as it was transferred to Mumbai High Court for Bilkis Bano's protection and was now under Maharashtra government. In 2022, he again filed a plea in Supreme Court asking for remission as he completed 15 years in prison. Supreme Court in May 2022, stated that the crime was committed in Gujrat and hence it would be appropriate for them to examine it. A committee was set up by Gujrat government which took the unanimous decision of releasing the gangrape convicts.

Suggested Reading: Bilkis Bano Case: Is Rape A Remittable Crime?