DNA Explainer: What is remission policy, under which Bilkis Bano's rapists were released by Gujarat government?

A massive outrage erupted when 11 convicts in the Bilkis Bano gang rape case were allowed to walk free from prison, on orders of the Gujarat government. The convicts, who were sentenced to life imprisonment, were released as per the remission policy in India.

All eleven convicts who were found guilty in the horrific gang rape and multiple murder cases that took place during the 2002 Gujarat riots were released after serving a little over 14 years of their life imprisonment sentence, sparking a wave of criticism against the Gujarat government by opposition leaders.

On March 3, 2002, Bilkis Bano's family was attacked by a mob at Randhikpur village in Limkheda taluka of Dahod district during the post-Godhra riots. Bilkis, who was five months pregnant at that time, was gang-raped and seven members of her family were killed.

Outrage over the release of Bilkis Bano gang rape convicts

Even before the family of Bilkis Bano expressed their shock and despair over the release of her rapists, opposition leaders and the legal fraternity slammed the decision of the Gujarat government, terming the decision as “shameful” and “disgraceful”.

Taking a jibe at the Centre, TRS leader K Kavitha said, “The decision to release the heinous criminals of rape and murder during the Azadi Ka Amrit Mahotsav is an insult to this auspicious day.”

Taking into account the plight of Bilkis Bano, Supreme Court Advocate Yash Giri said, “The trust of people in the Indian Judicial System is shaken by the new Remission policy of the Gujarat Government, the trauma of the victim cannot be superseded by the right of remission given to the convicts in heinous offences of rape and murder.”

Why were Bilkis Bano’s rapists released from jail?

Years after being imprisoned, one of the convicts in the case had filed a plea in front of the court, urging the administration for premature release. As per media reports, the application filed for remission was considered after all convicts completed 14 years of imprisonment, keeping in mind factors such as age, nature of the crime, and behavior in prison.

What is the remission law in India?

According to Indian laws, the word remission means that the duration of the sentence announced by the court can be cut short under special circumstances while the nature of the sentence remains the same, depending upon the nature of the crime.

According to the Constitution of India, certain constitutional authorities in the country have the power to remit, suspend or grant pardon to certain sentences under special circumstances. While Article 72 gives the President the authority to remit a sentence, CrPC Section 433 provides the appropriate government the power to suspend or remit sentences.

This section states that the remission application can be placed in front of the appropriate government, which can further take a call on the sentence of the person. The government will later have to present its argument for granting remission in front of the court, seeking the bench’s final approval.

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