- Not a single day passes without reportage of one or the other communal incidents singeing the country resulting in unfortunate deaths are a given fact most often than not. The polarization of society on communal lines is so deep and wide that it is bound to disturb any conscientious-minded citizens to a great extent. It is dreadful to even think about which direction society is headed in the foreseeable future. Eventually, the situation will lead to widespread disharmony resulting in frenzied animosity further dividing the society vertically appears imminent. Most worryingly, there is no palpable sign of amity being forged to unite the opposing communities in the larger interest of the nation.
PC: Fiona MacDonald
- To add fuel to the fire, the communal versus the secular upholders, read as political masters, are having a field day stoking discontent is a sad commentary reflecting the present malaise bogging us. No wonder, communally divisive political ideologies are ruling the roost at various levels where incidents of concern are reported regularly from different parts of the country. Not surprisingly, whatever decisions taken by the ruling dispensations at the Centre, or the states are being viewed with communally tinged glasses. Knowing how our politicians never miss an opportunity to wade into burning issues, any sensitive matters coming up on these lines keep raging rather than getting doused at the initial stage itself.
- Of course, the governments could show a more mature disposition and pragmatic approach is also not lost on the comprehending lot. One such incident can be attributed to the recent Gujarat government’s decision to grant remission of sentence. The case being referred to here pertains to the sensational Bilkis Bano episode where 11 lifers were convicted for mass murder and gang rape. The decision to release them has raised several questions. True, this May the Supreme Court had ruled, without going into the merits of the case, that the Gujarat government must decide on the convicts’ freedom based on a 1992 policy that allowed remission for those who served 14 clear years of their life term.
PC: Manzoor-ul-Hassan
- But this made it a matter of discretion for the state, and there were enough grounds for it to apply the discretion the other way. Yes, there’s an SC verdict ruling that the state must determine whether the offense is an individual act of crime without affecting the society at large before granting remission. We know how the horrific nature of the crime and the tragic context – 14 people including several women and Bilkis’s daughter were massacred and a pregnant Bilkis herself was subjected to gang rape during the 2002 Gujarat riots – made the above judgment relevant here. Also, in June, Union Home Ministry guidelines on remission clearly stated that life convicts and rapists were not to be granted special remission.
- So, was it wise on the part of the Gujarat government to release the 11 lifers then despite the unambiguous guidelines without compassionately looking at the trauma undergone by Bilkis all these years? Can the release be subjected to judicial review? It appears complicated by SC granting discretion to the state though. Nonetheless, such a review would be ideal is not in the slightest doubt for the sake of natural justice and humane considerations. Over to the SC.
