The Supreme Court is considering the issue of remission in the case of a convicted individual, Bano. The court has formed a new bench comprising justices KM Joseph and BV Nagarathna, and has asked the Centre and Gujarat government to produce files relating to the remission. It is noteworthy that six petitions challenging the remission have been filed, including one by Bano and others as public interest litigation. The matter was not heard since December after one of the judges on the designated bench recused herself from the case, and Bano’s lawyer pointed out that the matter was pending. The Chief Justice of India has agreed to consider setting up a new bench to hear the case, which is within his prerogative as the master of the roster. It remains to be seen how the case will proceed and what decision the court will ultimately make regarding the remission.
the horrific experience that Bano faced during the 2002 riots in India, where she was gang-raped while five months pregnant and her three-year-old daughter was killed. It is saddening to hear that the 11 men convicted of these crimes were released on August 15 after one of them approached the Supreme Court seeking remission. It appears that the convicts’ plea for premature release was based on the argument that they had spent over 15 years in prison in the case. The Supreme Court directed the state government to consider their plea for premature release in accordance with the 1992 policy. This policy did not have the same restrictions on the early release of rape convicts as the 2014 policy of the Gujarat government. It is crucial to ensure that justice is served in cases of such heinous crimes, and that the victims receive appropriate support and redressal. The fact that the convicts were released based on an outdated policy is concerning, and it is essential to ensure that such policies are regularly reviewed and updated to reflect changing societal values and expectations.
