Wednesday, April 24, 2019<\/p>\n
Counterview Desk
\nIn what is being described as a \u201chistoric day for women\u2019s rights and state accountability\u201d, the Supreme Court on Wednesday ordered that the Gujarat government should give Bilkis Bano, a gang rape victim during the 2002 communal riots, should be given exemplary compensation of Rs 50 lakh, a job and a house for she suffered.
\nSenior activists (Farah Naqvi, Dipta Bhog, Gagan Sethi, Madhavi Kuckreja, Malini Ghose and Huma Khan), who stood by her, claimed on Thursday in Delhi at a media conference, in which Bilkis Bano and her husband Yakub Khan were present, that this is \u201cfor the first time in India a compensation of this magnitude has been awarded to a survivor of gang-rape and mass murder during communal and targeted violence.\u201d
\nBilkis Bano said in a statement, \u201cI kept my faith in the Constitution and in my rights as a citizen, and the Supreme Court has stood with me. For that I am truly grateful to the honorable judges.\u201d
\nSpeaking about her 17 year long struggle for justice and seeking accountability from the State, she said, \u201cIt has been a journey of a million steps, first seeking criminal conviction of those who destroyed my life, my child, my entire family.\u201d
\nShe added, \u201cBut today the state has been convicted in a court of morals and constitutional principles. The Supreme Court\u2019s order to me is not about the money. It is about the signal it has sent to the State and to each citizen of this country. We have rights that no state can be allowed to violate.\u201d
\nOn what she planned to do with the money, she said she wanted to finally give her children a stable life, perhaps see her eldest daughter grow up into a lawyer who can defend others.
\n\u201cI also want to use part of the money to help other women survivors of hate and communal violence seek justice. I want to help educate their children, in whose lives the spirit of my daughter Saleha will live on,\u201d said Bilkis, with her husband Yakub by her side.
\nText of Bilkis Bano\u2019s statement:
\nMy friends in the media, my fellow citizens, my fellow Gujaratis, my fellow Muslims, and women everywhere; for 17 years I have kept my faith with my conscience, my Constitution and my judiciary. And today the honorable Supreme Court has let me know it stands with me.
\nIt understood my pain, my suffering and my struggle to regain the constitutional rights that were lost to me in the violence of 2002. No citizen should have to suffer at the hands of the state whose duty it is to protect us. They must pay for their enormous lapse of all morality in those hate-filled days and nights. This is the message for them, that I hear in this order. And that is good and that is right.
\nAs a victim, I suppressed all dreams. As a vindicated survivor, they are boundless. And they are mostly for children, mine and others. I will use this money to educate my children and give them a stable life. My eldest daughter who wants to be a lawyer, will perhaps appear before the same court some day, to argue for justice to others. This is my prayer.
\nBut I have always said, my victory is also on behalf of the many other women, who suffered, and who never managed to reach the courts. I wish to use a part of this money to help other women survivors of communal violence, in their journeys to justice; and to help educate their children.
\nI want to do this in the name of our first born, our daughter Saleha. Her body was lost in the tide of hatred that swept over my Gujarat in 2002. Yakub and I were unable to fulfill our duty as parents, and give her a proper burial. There is no grave for Saleha that I could visit and weep upon.
\nThat has haunted me, in ways I can never express. But her spirit has been with me. I know she is up there, somewhere, and through helping others, she will live on in the lives of other children.
\nI pray today that the spirit of the victims like her, the courage of survivors, the struggles of ordinary citizens, and the democratic institutions of India will come together again and again, and end the hate and fear that is gripping our country.
\nI thank the Honorable Court. I thank my lawyer advocate Shobha, who has stood unflinchingly for my rights since 2003. I am deeply grateful for their hand of trust, in such untrusting times.
\nMy journey has a history that I do not forget. The National Human Rights Commission, so many years ago, believed me. The CBI re-investigated my case with honesty and impartiality. Harish Salve was the first senior lawyer to take a stand for me. They are part of my journey, and I thank them for helping make this moment.
\nFinally, to my friends: They know who they are, for all they have done, to help reconstruct my life and restore my dignity as a citizen and a woman – you don\u2019t need my thanks. To Yakub and me, and to our children – you are family. I am at peace.
\n***
\nIn a separate statement, advocate Shobha, who represented Bilkis Bano in the Supreme Court, paraphrased portions of the Special Leave Petition seeking action against the convicted Gujarat Police officials, and listing \u201cmultiple ad horrific counts of violation of constitutional rights\u201d, for which Bilkis sought exemplary compensation from the State of Gujarat:
\nFor damages to her Constitutional right to life; right to bodily integrity; right to be protected by the State; and right to seek justice for wrongs suffered by her.
\nFor damages to her Constitutional rights, not merely those inflicted by perpetrators of murder and gang-rape, but in the Constitutional scheme far worse, because these violations were willfully and criminally and with malafide intent with support of State actors who went to the criminal extent of orchestrating beheading of bodies and burying them in hidden graves to deny the petitioner means to seek justice.
\nFor loss of her first-born three-and-a-half years old daughter whose body was never found and to whom the petitioner and her husband could never fulfil their duties as parents, and perform her last rites, and bury her in a grave with basic human dignity because of criminal action by State police officials.
\nor moral damages, include the physical suffering, mental anguish, loss, shock to the petitioners and society\u2019s moral compass, more so because it was enabled by the State actors mandated to protect her, and the petitioners expectation as a citizen was to be protected by them.
\nFor the physical damage to her body in suffering brutal aggravated gang-rape, and rape and murder of members of her family, for which State actors should have protected and helped her seek justice.
\nFor mental trauma and a lifetime of depression, anxiety, loss, fear, to have to live with the unspeakable trauma of watching her first born child murdered in front of her eyes by her head being smashed on a rock, while the mother is helpless to protect, and is being gang-raped.
\nFor financial loss, that she and her husband suffered, in their permanent internal displacement of fleeing their home, and losing all sources of income; and for 15 years of bravely seeking justice; for having to shift over 20 locations, and homes with all their children.
\nFor loss of her fundamental and human right to love, affection and emotional support system – she lost 14 family members including all women members of her immediate family. Her children have grown up, denied all female nurturing and support from extended family.
\nFor, this she seeks an exemplary compensation that signals restitution of her constitutional, familial, social rights as an equal citizen of this country who deserved and still deserves full protection of the state and of this Hon\u2019ble Court.<\/p>\n
BILKIS YAKUB RASOOL CASE
\nFACT SHEET
\nAPRIL 24, 2019
\nJuly 2004 Bilkis files additional petition requesting transfer of
\ncase outside Gujarat.
\nAugust 6, 2004 Supreme Court orders Bilkis case to be transferred to
\nsuitable court in Mumbai; appointment of Public
\nProsecutor to be done by the Central Govt.
\nSeptember 2004 Special Court of Judge U.D. Salvi appointed to hear
\nthe matter
\nJanuary 13, 2005 Charges framed against 19 of the 20 accused. (Trial of
\none Dr. Sangeeta Prasad separated as she is declared
\nmedically\/mentally unfit for trial)<\/p>\n
March 3, 2002
\nBilkis Rasool was gang-raped. 14 members of her
\nfamily, including her 3 and half year old daughter,
\nmurdered. Several female members of her family also
\nraped and murdered. Bilkis the only adult survivor
\nand eyewitness to the horrific massacre.<\/p>\n
March 4, 2002
\nBilkis files first FIR in Limkheda police station. Names
\nrapists but not included in FIR.
\nMarch 25, 2003 One year after incident \u201cSummary A\u201d report filed and
\naccepted by Limkheda Judicial Magistrate effectively
\nclosing case. Incon<\/p>\n
February 22, 2005 Bilkis\u2019s examination-in-chief by Spl. Public Prosecutor,
\nR.K. Shah continues. She identifies in court the 12
\naccused who raped her, killed her daughter, and
\nraped and killed members of her family.<\/p>\n
5 May 15,2005
\nBILKIS WAS CROSS EXAMINED FOR 20 DAYS. The
\ncross examination concluded in May 2005<\/p>\n
August 2006 Bilkis called again for cross examination
\nMarch2007 73 Witnesses of prosecution examined by the court.
\nApril 2007 Examination of defence witnesses started
\nJune 2007 Examination of defence witnesses concluded
\nAugust 2007 Arguments Started
\nDecember 2007 Arguments concluded<\/p>\n
January 18,2008 Verdict declared by Sessions Court Mumbai-twelve
\nheld guilty under several Sections including Section
\n302, 376, 143 to 148. (1 person died during trial
\nperiod due to health reasons) One policeman also
\nconvicted for lodging false FIR. Seven people
\nacquitted-5 police officers and 2 doctors.
\nFrom 2009 to 2011 11 accused convicted file an appeal against conviction
\nin Bombay High Court
\nCBI files appeal for enhancement of punishment of 3
\nmain accused, and against acquittal of 7 persons,
\nincluding police officers and government doctors in
\nBombay High Court
\nMay 4, 2017 Verdict on both appeals delivered by Bombay High
\nCourt. All 18 accused convicted (originally 20 were accused.
\nOne passed away during sessions court trial due to
\nhealth reasons. One Policeman originally convicted
\nand served sentence has also since passed away)
\nConvictions of 11 accused upheld.
\nAcquittals of 7 Police officers and doctors overturned \u2013
\nconvicted of evidence tampering with intent to screen
\noffenders and save them from punishment
\nJULY 10 \u2013 OCT. 21,
\n2017
\n10.07.2017: Supreme Court dismissed in limine the
\nspecial leave petitions filed by 4 police persons and 2
\ndoctors.
\n23.10.2017: Supreme Court while hearing the Writ
\nPetition (Crl.) No. 118\/ 2003, granted liberty to the
\npetitioner to file a separate special leave petition for
\nenhancement of compensation.
\n20.11.2017: Supreme Court dismissed in limine the
\nspecial leave petition filed by one police person
\n(accused). Review petitions and the curative petitions
\nfiled by all these official accused have been dismissed
\nby the Supreme Court.
\n21.11.2017: Hence the present Special Leave Petition
\nchallenging judgement of the High Court only on the
\ncompensation issue keeping in consideration the
\nghastly nature of crime, and egregious violence
\ncommitted upon the petitioner, failure and role
\nreversal of the State.
\nAPRIL 23, 2017 Supreme Court disposed off the writ petition and the
\nspecial leave petition: granted compensation of Rs. 50
\nlakhs to be paid by the State of Gujarat to Bilkis, an
\naccommodation of her choice and a government job.
\nCourt has noticed that accused Somabhai (Head
\nConstable) who convicted by Special Judge, was
\ndismissed from services vide order dared 6.11.2008.
\nAccused Narpatsinh (Head Constable) convicted by
\nhigh court vide judgment dated 4.5.2017 was
\ndismissed from service vide order dated 29.06.2018.
\naccused bhikabhai police constable, I. A. Saitted
\npolice inspector and RM Bhabhor Dy. SP, who all were
\nretired prior to conviction by high court, disciplinary
\naction has been taken against them and 100% cut of
\ntheir pensionary benefits has been ordered.
\nRS Bhagora, IPS, who is right now posted as DCP
\nTraffic, Ahmedabad City, who is scheduled to be
\nretired on 31.05.2019 or 30.06.2019, two rank
\ndemotion is recommended by the government in the
\ndisciplinary proceedings against him. Court has
\ndirected final order to be passed within 4 weeks before
\nhis date of superannuation. counteviews.com<\/p>","protected":false},"excerpt":{"rendered":"
Wednesday, April 24, 2019 Counterview Desk In what is being described as a \u201chistoric day for women\u2019s rights and state accountability\u201d, the Supreme Court on Wednesday ordered that the Gujarat government should give Bilkis Bano, a gang rape victim during the 2002 communal riots, should be given exemplary compensation of Rs 50 lakh, a job […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","spay_email":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false},"categories":[1],"tags":[],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_shortlink":"https:\/\/wp.me\/paUKPQ-3jX","_links":{"self":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts\/12769"}],"collection":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/comments?post=12769"}],"version-history":[{"count":1,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts\/12769\/revisions"}],"predecessor-version":[{"id":12771,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts\/12769\/revisions\/12771"}],"wp:attachment":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/media?parent=12769"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/categories?post=12769"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/tags?post=12769"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}