'Nari' Shakti ?

On 15th August 2022, Honorable Prime Minister Sri. Narendra Modi has addressed the nation with a wonderful speech from the Red Fort, interestingly this time he concluded his speech by giving a 10-12 minutes speech on "Nari Shakti". Coincidently on the same day at the same time, an event occurred which has shook the Nation - BILKIS BANO CASE

As expected, the media couldn't devote more time to covering the story of Bilkis Bano and educate the public about what is wrong with the Bilkis Bano Case.

About the Bilkis Bano Case

On February 28, 2002, during the Gujarat Riots, Bilkis fled her village, Radhikpur in Dahod district, after violence erupted in the state in the aftermath of the previous day’s incident at Godhra station. Bilkis was accompanied by her daughter Saleha, who was three-and-a-half years old at the time, and 15 other members of her family. On March 3, 2002, the family reached Chapparwad village. According to the chargesheet, they were attacked by about 20-30 people armed with sickles, swords, and sticks. Among the attackers were the 11 accused men. Only Bilkis, a man, and a three-year-old survived the attack. Bilkis remained unconscious, and after she regained consciousness, she borrowed clothes from an Adivasi woman, and met a Home Guard who took her to the Limkheda police station. She registered a complaint with Head Constable Somabhai Gori who, according to the CBI, “suppressed material facts and wrote a distorted and truncated version” of her complaint.

Source: Indian Express

Total 11 members were convicted in the Bilkis Bano case and were sentenced for life, but the Gujarat Government has set them free on account of 75th Independence Day.

The situation would have been different if the judiciary had made the choice to release the prisoners in this case, but surprisingly, the executive, i.e. the Govt of Gujarat, has made the decision to release the convicts on the occasion of Independence Day, using its remission powers. What kind of message does the government intend to convey here?

This one tragedy has raised numerous issues that Indian citizens must consider.

1. In the Nirbhaya Case, 2012 and the Disha Case, 2019, the nation was on fire, people took to the streets to condemn cruelty, and the executive, legislative, judiciary, and police departments all worked diligently until the offenders in these cases were hanged or encountered. But a similarly heinous and repugnant crime occurred in 2020, Hathras, and the most recent Lakhimpur instance in 2022. Why is there no response to these cases? Is it due to the criminals' backgrounds? The convicts in the cases of Nirbhaya and Disha came from poor backgrounds and were regular drivers; but, in the cases of Hathras, Lakhimpur, and Bilkis, politicians are involved. Doesn't equality of law apply here?
2. The victims in the Nirbhaya and Disha case were found dead, but the victim in the Bilkis Bano case is still alive. "Bilkis Bano survived because she lost consciousness and her attackers assumed she was dead." Do Indian courts and governments take action only in rape cases where the victims have died? Why is the Supreme Court, which termed the Nirbhaya case "the rarest of the rare," failing to act in the Bilkis Bano case? Just because the victim is still alive (or) the court does not consider it the rarest of the rare?
3. The victims in the Nirbhaya and Disha cases belonged to the upper caste, whereas Bilkis Bano is from the minority community, and the victims in the Hatras and Lakhimpur cases are from the deprived community. In such cases, do only the majority and upper castes receive justice? Will marginalized and minority communities likewise be required to suffer and wait for justice in sexual assault cases?

Unlike the mainstream media and the press, this article isn't an opinion based one, it emphasizes the reader to think and focuses on critical thinking. In a democracy like India, the government focuses on issues that are important to the citizens. The Prime Minister delivered a wonderful speech on "Nari Shakti," but when his home state Gujarat released the convicts, there was no word from the Prime Minister. In this case, the Prime Minister is not at fault; rather, it is the citizens who have accepted rape cases as normal; in every case, religion, caste, creed, and background is playing an important role in securing justice to he victim. The protests that occurred following the Nirbhaya incident were nowhere to be seen after the Hathras, Unnao and Lakhimpur incident.

According to the 2021 annual report of the National Crime Records Bureau (NCRB),?31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered.

These assault cases are not limited to women; they are also occurring with children. It's very disheartening to see such incidents occur and the entre system, including the public, remain silent on this.

According to the recently released NCRB data, 32,608 cases were reported in 2017 while 39,827 cases were reported in 2018 under the Protection of Children from Sexual Offences Act (POCSO).

Digitalization in government offices began in India only after the "Anna Hazare Andolan," which helped to reduce corruption to some extent. Environment conservation received attention in India only after the "Chipko Movement" and the "Narmada Bachoa Andolan"; Farmers Acts were repealed only after the "Farmers Protest"; "Nirbhaya Protests" forced the government to pay attention to sexual assault cases, but Justice Delayed is Justice Denied, as all cases filed under the Nirbhaya Act do not receive justice; it is shameful and disheartening to see religion and caste playing a role to get justice. If anyone can change this situation, it is the citizens of this country who can put pressure on the government to act strictly against people involved in such heinous crimes, regardless of their background, and the judiciary must establish special courts in sexual assault cases to provide unbiased justice to all victims.

Apart from the government, it is the responsibility of citizens to enforce behavioural change against crimes against women, of which sexual assault is only one example. Other examples include domestic violence, safer workplaces, dowry harassment, and hate crime. India has landed on Mars in its first attempt, but eliminating this patriarchal society is a more difficult challenge than sending satellites.