Recently, the Gujarat Government's decision of remitting the accused in the Bilkis Bano case has aroused negative sentiments among women in India. It has created a major dent to the social fabric of our society. A lot of question marks have been raised regarding the credibility of our judicial system. The verdict emanates the implicit political motives, particularly in a State like Gujarat.
Bilkis Bano was still a teenager and five months pregnant when she encountered one of the most nefarious incidents that could have taken place to any individual. Not only her, the other members of the family were also gang raped. Such heinous act of brutality would absolutely decimate the soul of any individual. The family went through intense physical turmoil and mental trauma. It took almost seventeen years for the family to secure justice.
The decision to release the accused under the provision of a 'special prisoner remission scheme' is like to treat the judicial system with utmost disdain. This action by the State Government was taken on the premise of the guidelines released by the Central Government to reduce the sentences of convicted prisoners. Reading between the lines, the verdict may abide by the requisite guidelines, but 'the spirit of the verdict' has sabotaged the entire purpose of it. The decision is a betrayal to the society in general and women in particular.
According to the Indian criminal justice system, heinous crimes like rape were excluded from the purview of this scheme. On the contrary, rape comes under the category of 'rarest of the rare' and can be subjected to capital punishment as well. This aberrant as a deterrent was inculcated after the Nirbhaya case.
The Gujarat State Government's decision is in contradiction to the set guidelines of the Central Government. All the convicts who were sentenced to life imprisonment couldn't have been released without consulting with the Central Government. The Central Government cannot espouse its role in the entire decision making process. There is an implicit and underlying connection between the decision and the imminent Gujarat State elections. Such majoritarian rhetoric shouldn't replace the basic dignity of a woman in our society.
The victim and her family have exhibited great courage, grit and fortitude. It wouldn't have been easy for them to survive. But this verdict has definitely sabotaged and jeopardised every bit of their resilience. The kind of ordeal they would have gone through is something unimaginable. The verdict has mocked them with absolute disdain.
The bewildering aspect of the entire episode is the lack of outrage from the common mob, as witnessed during the Nirbhaya issue. We only see tweets and newsroom emotive reactions. The callous and nonchalant attitude of mainstream media to accentuate the issue has helped the issue to go under the carpet. Many believe that such atrocious events elicit acts of encounters, chemical castrations, public hangings, etc. which may seem morally justifiable. But this is not the solution.
In today's India, response to societal injustice is too political and conditional. It is highly fragmented in nature. The societal response to any social issue or injustice is polarizing the society itself. This is the inherent paradox within the society.
The repercussions and ramifications of such an attitude will have dire consequences in the long run. It is high time that as a society, we needed to introspect the core societal norms and values which transcend religion, caste and community. We must strive to create an inclusive, tolerant and an empathetic society.
India as a nation should be driven by both the Constitution as well as constitutionalism. It is based on respect for women irrespective of social identity and differentiation.