India: The incredible courage of Gujarat's Bilkis Bano, gang-raped, witness to murder, vindicated Print E-mail

 Sunday Magazine ~~ January 27 2008

THE OTHER HALF

Importance of being Bilkis

By KALPANA SHARMA

It took exceptional courage for Bilkis Bano to walk up to the police station and file a complaint, and persist with it.



Rare courage: Bilkis Bano at a press meet after the verdict (AFP)

It is one of those horror stories from the Gujarat carnage of 2002 that few can forget. A young Muslim woman, six months pregnant, runs for her life from her village when rampaging mobs attack it on February 28. She has with her a three-year-old daughter, her mother and other relatives. They move out of their village under cover of darkness and hide in a field hoping to escape. Instead, the next morning they are confronted with a mob of 20 to 30 men carrying swords and sickles who assault and gang rape the four women, including Bilkis and her mother, kill many of the others, and kill her three-year-old daughter by “smashing” her on the ground. Of the 17 who left the village, only three survived, the bodies of eight were found and six are still missing.

The horror does not end there. Bilkis pretends she is dead and waits till the mob leaves. Then with the help of a home guard, and with her six-year-old nephew and a three-year-old boy who have survived, she trudges to a police station to register a complaint. On the way she borrows some clothes from an Adivasi woman to cover herself.

At the police station she receives little sympathy. Instead the policeman on duty pretends to listen to what she is saying but writes something completely different in the First Information Report on which he gets the illiterate Bilkis’ thumb impression.

Two days later, local photographers find eight bodies of the massacred family. This forces the police to act and post-mortems are conducted. Again, instead of recording the truth, they conduct what has now been termed a “shoddy” post-mortem and bury the bodies. Some years later, when the bodies are exhumed as part of a fresh investigation, none of them have skulls. It appears that they were decapitated after the post-mortem to prevent identification. In addition, salt was sprinkled on the bodies so that they would disintegrate.

Need to intervene
The case of Bilkis Bano has all the elements of the worst kind of horror including the indifference and complicity of the State in covering up the truth. But it also illustrates the kind of intervention that is needed in such situations to ensure that some justice is done. For, it is now evident that the case would not have moved if it had been tried in Gujarat where it was first filed. In August 2004, the Supreme Court ordered that the case be tried in Mumbai. At this stage the CBI took over the investigation and ordered that the bodies of the eight people from Bilkis’ village be exhumed.

In just over a year after taking over the investigation, the CBI gathered enough evidence to arrest 20 people including six policemen. On February 21, 2006, the trial began in Mumbai. On January 18, 2007, the trial court held 12 of the 20 guilty including one policeman, sub-inspector Somabhai Gori, who “suppressed material facts and wrote a distorted and truncated version” of Bilkis’ complaint, according to the CBI. While Gori was given only two years imprisonment, the other 11 were given life sentences.

Apart from hearing the case in Mumbai, the decision to hold the trial in camera has also made a difference as it encouraged witnesses to testify without fear, something they would not have done in an open court. The policeman’s conviction, for instance, was made possible because three witnesses heard Bilkis give her report and what they said they heard differed substantially from what the policeman noted down.

Even today, fear dominates Radhikpur village. In anticipation of the judgment, the 60 Muslim families who still live there apparently quietly left the village as they feared a backlash from the families of those convicted, most of whom are from the same village.

But above all, it is Bilkis’ courage in going to the police station in the condition in which she was after a gang rape and after seeing her infant daughter being brutally murdered that clinched the case. Most women hesitate to go to the police. If you are poor, a Muslim, and living in a situation like the one that prevailed in Gujarat in 2002, the chances of turning to the police are even more remote. This is what makes Bilkis’ action so exceptional.

Uncertain future
Even after filing the complaint, she could have given up, been intimidated, allowed herself to be bought off, decided it would be simpler to forget about it. Yet, she persisted even though the personal price she has paid is hard to imagine. Nor can we fully comprehend what is her future, whether she will ever be able to live in peace in her village, or whether she will forever be a refugee hiding from those waiting to teach her another lesson. But amazingly, she has gone on record to say that she will not give up and continue to pursue the case until the five policemen who were let off for lack of evidence are also convicted.

Seeing photographs of this diminutive woman, one wonders from where she got the courage at that terrible moment to make the journey to the police station. If she had not done so, the story would never have been told. This ordinary woman has to be saluted for her extraordinary courage.

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 Tuesday, January 22, 2008

I stand vindicated: Bilkis Bano

Aarti Dhar
 

SEEKS PROTECTION: Bilkis Bano at a press conference in New Delhi on Monday (R.V. Moorthy)

NEW DELHI: Bilkis Bano, who was gang-raped and was witness to the killing of 14 members of her family during the Gujarat riots in 2002, fears for her life even after 11 of the accused were sentenced to life and one to three years of rigorous imprisonment by a Mumbai court on Monday.

Pointing out that it was the responsibility of the State to ensure her security, Ms Bano said here on Monday that she would appeal against the acquittal of five policemen and two doctors in the case.

“I stand vindicated. This judgment does not mean the end of hatred. But it does mean that somewhere justice can prevail. This judgment is a victory not only for me but for all innocent Muslim who were massacred and the women whose bodies were violated only because, like me, they were Muslims,” she said at a press conference.

She lived in fear for the past six years, shuttling from one place to another with her children to protect them from the “hatred that still exists in the hearts and minds of the people.” She received threats from unknown people, continued to do so even after the court judgment and feared going back to Gujarat.

“I do not want to tell anyone where I was all these years or where I am staying now and under whose protection,” she said in reply to a question.According to Ms. Bano, the conviction was a victory because no one could now deny what happened to women in Gujarat in those “terrible days and nights.”

That sexual violence was used as a weapon against them had been proved. “I pray that the people of Gujarat will some day be able to live without the stigma of that violence and hatred, and will root it out from the State that still remains my home.”

Ms Bano expressed anger that the officials, who emboldened, encouraged and protected the criminals to destroy an entire community, still remained free and unblemished.

“It is the job of the State to protect me and if the Gujarat government has to prove that it did not encourage the riots, it should appeal against the acquittal of its officers and doctors.” However, she pointed out that this was just one among thousands of cases, many of which had not even reached a courtroom.

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Tuesday, January 22, 2008

Life imprisonment for 11 in Bilkis Bano gang-rape case

Special Correspondent

Not the rarest of rare cases to warrant death penalty: court
Head Constable gets three-year imprisonment

Seven accused acquitted of all charges

MUMBAI: Special Judge U. D. Salvi of the Sessions court here on Monday sentenced 11 persons to life imprisonment and a fine of Rs.2,000 on each count in the Bilkis Bano case.

Five-month pregnant Bilkis and her family were set upon by two jeeploads of men from Randhikpur village in Dahod district during the Gujarat riots on March 3, 2002. Four women and four children were killed and six went missing. She was stripped and gang-raped.

Jaswant Nai, Govind Nai, Shailesh Bhatt, Radhyesham Bhagwan Das Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajubhai Soni, Mitesh Bhatt and Ramesh Chandana were held guilty of murder, gang-rape and rape of a pregnant woman. They were also sentenced to 10-year rigorous imprisonment for gang-rape and raping a pregnant woman. The sentences would run concurrently.

The charges against the accused included conspiracy, rioting with deadly weapons, causing disappearance of evidence and unlawful assembly.

Head Constable Somabhai Gori of the Limkheda police station was sentenced to three-year imprisonment for framing false records and refusing to lodge Bilkis Bano’s first complaint. He was also fined Rs.3,000. Gori has already been in jail for three years and nine months and has been suspended from service.

The prosecution demanded the death penalty for Jaswant Nai, Govind Nai and Shailesh Bhatt, charged with raping Bilkis. Bhatt was the man who killed her three-and-half-year-old child Saleha, said the prosecution, adding that the attack was pre planned and it happened after Vishwa Hindu Parishad called a bandh in the wake of the Godhra train burning incident.

However, the judge ruled that the death penalty could only be given in the rarest of rare cases. In this case, the evidence was blank on the role of each accused.

The court observed that during riots many had secret agendas and they were not necessarily crusaders for their religion. Some looted, some plundered, some satisfied their lust and some joined a mob in killing.

The evidence during the trial also pointed out that some Hindus did shelter affected women. As things stood, all the accused shared a joint liability and the conspiracy theory was proved.

Seven persons were acquitted of all charges ­ Narpat Singh, Idris Abdul Sayed, Bikabhai Patel, R.S. Bhagora, Dr. Arun Kumar, Dr. Sangeeta Prasad and Ramsingh Bhabor.