Advocate Shobha Gupta Says Death Penalty Most Appropriate For Bilkis Bano Convicts

Recently, a judgement passed by the Gujarat Government has shaken the country and its women. Rapists in the Bilkis Bano case, who were convicted in 2008, have been released prematurely on the grounds of “good behaviour”. They were sentenced to double life imprisonment for multiple gang rapes and murders.

Advocate Shobha Gupta, who has been representing Bano has expressed strong criticism against the decision to release the 11 convicts. She called it ‘devastating’.

Advocate Shobha Gupta

Speaking exclusively with Manu Sebastian, the Managing Editor of LiveLaw, Gupta said that this decision would bring the morale of other women and survivors down. It takes courage to stand against this kind of heinous crime and keep fighting for justice.

She shared her conversation with another rape victim who asked her to give her a reason to keep fighting a legal battle like that when such criminals can be released at any time on such grounds. The survivor told the lawyer that criminals might be put behind bars today, but they will return in future.

Gupta said, “It’s threatening, it’s devastating, it’s disappointing. It is difficult for a person who is raped and lost 14 of her family members in the fight for justice.”

She pointed out that Bano had the courage to fight for 17 years. She has become an example to the victims and survivors of such heinous crimes.

In April 2019, the Supreme Court of India upheld the conviction and directed the State government to provide Bano with compensation of ₹50 lakh within two weeks.

Don't Miss: Dear Indian Women, Here's Why Your Husband Can Beat You

Centre And State Governments Are At Fault

Gupta added that the Central and State governments made the decision even considering the objections CBI and the Presiding Judge of the Trial Court raised. While presenting arguments, CBI opposed the premature release of the convicts by saying they have committed “serious, grave and heinous” crimes.

The Presiding Judge of the Trial Court was quoted saying, “In this case, all convicted accused were found guilty of rape and murder of innocent people. The accused had no enmity or any relation with the victim.”

The statement further pointed out that the crime was committed only on the grounds that the victim (Bilkis Bano) belonged to a particular religion. Those criminals did not even spare pregnant women and minors. “This is the worst form of hate crime and crime against humanity,” the judge added.

The judge not only was against the release of the convicts, but he also stated that the convicts must serve the minimum double life sentence which is 28 years of life imprisonment.

Opinions ‘Thrown To The Dustbin’

Gupta stated that the Centre and state governments have thrown the decision upheld by the Supreme Courts and the opinion of the CBI and Trial Judge into the dustbin.

She questioned, “Where is the consideration? Where is the application of the mind? What is the point in taking the views of the prosecuting agency and the Presiding Judge if they are to be thrown to the dustbin?”

Don't Miss: Things Women Must Know About Reporting Sexual Harassment At Workplace

She claimed that the decision of releasing the convicts on the grounds of ‘good behaviours’ was wrong, and there were shreds of evidence that they were not good at all. She added that even if we assume that their behaviour was good, the heinous nature of the crime they had committed disentitles them to remission.

Gupta said, “It was a hate crime against a particular community by people of a certain community. A pregnant woman was raped. Her mother was raped. Sister was raped. Her baby child was murdered. Two minor sisters were murdered. Two minor brothers murdered… cousins were murdered. Can we not say this is the rarest of the rare case? Honestly, the death penalty was the most appropriate penalty for this case.”

Also Watch