Bilkis Bano Case: Is Rape A Remittable Crime?

Yesterday, India celebrated 75 years of Independence from British rule. The day was puffed with people’s patriotism which was reflected in different ways. Some hoisted flags to support the Har Ghar Tiranga initiative, some participated in processions which included stunts and slogans and some put up patriotic songs on WhatsApp status. The day culminated peacefully and was the end of a long weekend for most of us. But this was one side of the coin because on the other side, freedom was still under threat.

Today, a Twitter handle shared a video where men and women allegedly welcomed 11 rapists who were accused of raping a Muslim woman and killing members of her family.

Bilkis Bano Case

The video showed men being welcomed with sweets, aarti and tilak. These people have alleged link to the 2002 Gujarat Riots when 13 men gang-raped Bilkis Bano and killed seven members of her family. 11 of them were punished with life imprisonment by a special CBI court in Mumbai in 2008. However, later one of the accused pleaded with the Supreme Court for their premature release. They were released based on the recommendation of a panel set up to consider their release under Gujarat’s remission policy.

Is rape a remittable crime?

What should we conclude from this incident? Does independence mean that rapists can walk freely and hide the blotch of their crime under welcoming tilaks? Will women's rights never be equal to men's rights in this country? Is women's safety always going to remain a far cry?

It is saddening that on the day when our country was set free from the British imperialistic forces after 200 years of subjugation, 11 rapists were allowed to walk free from their life sentences. This not only puts the idea of freedom under question but clearly shows that as a society we are ready to forgive rapists without considering women's safety. 

In our country as per 2020 data, the conviction rate for rape is 39.3. however, rape and violence against women remain the top crimes committed in India. Just a few days ago I wrote a piece on how women still need 75 freedoms while India completes 75 years of its independence. Yes, it was not difficult to list 75 things! Read more about it here.

Go around and ask any woman if they feel safe in India, the answer would never be affirmative. The fear that has made home in our hearts of being raped, eve teased or stalked doesn’t let us feel free.

How long will the independence of India only be about the lavish display on " target="_blank" rel="noopener">television screens? How long will the patriotic vigour overlook the issues of gender? When will India’s freedom be about setting the country free from issues like gender-based crime, caste and religion-based discrimination about equal rights irrespective of your gender? When will India be free of the mindset that considers family or society's izzat over an individual’s justice? When will India be a country where every individual irrespective of the community will feel free and be able to hold their head high?

The views expressed are the author's own.