An Unjust Mercy: Locating the Illegalities in the Release of the Convicts in the Bilkis Bano Case

Abstract

The Gujarat government’s decision on 15 August 2022, to release all 11 prisoners sentenced to life imprisonment in the Bilkis Bano case has serious implications, both for the rights of Bilkis Bano herself and the policy landscape around reformative prison measures like remission and premature release. Here I attempt to locate the release within a larger national context wherein carceral notions of justice, typified by longer and harsher prison sentences, are gaining currency both within the government and judiciary. I examine the deeply flawed process by which the prisoners came to be released, highlighting the arbitrariness and legal infirmities that render the government’s decision illegal.

Working of Sentence Review Boards in India: Issues and Challenges

“…(CrPC, 1973) However, the functioning of the SRB has been marred by several inconsistencies and controversies, especially in the context of Delhi. One of the most glaring examples is the premature release of convicts in the Bilkis Bano gang rape and murder case, which took place during the 2002 Gujarat riots (Kanjilal, 2023). The SRB granted remission to 11 convicts in this case, even though they had not completed 14 years of imprisonment and were facing serious charges of rape and murder.…”