A Ray Of Hope For The Victim There is all around satisfaction that the violence inflicted on Bilkis Bannno, the 21
year old who was gang raped by Hindu mob at Randhikpur village in Gujarat on March 3, 2002, has been at least partially avenged . Although seven of the accused put up by the Central Bureau Investigation(CBI) for trial before Special Judge Dalvi of Mumbai were acquitted , it is gratifying that 11 were convicted and sentenced to life. This judgment is significant in many ways and deserves to be studied in detail by policeman, lawyers, prosecutors, human rights activists and, most importantly, trial court judges all over the
country. If these groups do not take up this exercises seriously,with a view to learning from the principles enunciated by judge Dalvi, victims like Bilkis will not in the future receive justice from the system. Also, I do not believe that the kind of violence perpetrated on Bilkis will not be repeated elsewhere in the country. This is because rape of the Bilkis was not motivated merely by communal hatred. It was the product of several human weaknesses, chief of which was, of coursed , sheer lust. The recent molestation episode on New Years eve in Mumbai and the series of carnal attacks on women tourists in Rajasthan (including the one involving Orissa Director General of
police B.B Mohanty’s infamous son) fortify the impression that women are not exactly safe in our environs. It would be arrogant and naïve to rationalize the Bilkis case and other incidents in India by taking the position that women are not safe in other parts of the world either. The most obvious feature of the Bilkis case is the gaping holes seen in our criminal justice system. In the context of Godhra and what followed in 2002, Gujarat was not to the best places where a Muslim woman could succeded in establishing her credibility. She had to do much more to convince the police that she was speaking the truth. Fortunately, for her and those backing her, the National Human Rights Commission and the Supreme Court came to her rescue by transferring the case to the CBI and the CBI rose to the occasion wonderfully well, as evidenced by the Dalvi verdict. I know the CBI has many detractors. However, here is one instance where even diehard skeptics of the CBI’s objectivity and professionalism would concede that the investigating agency did undo unjustice. The CBI unraveled important facts from scientific investigation with the help of Forensic Science Laboratory. Examination of witnesses was the most challenging task done in such type of cases as it is very credible to locate the witness who speaks with clarity and without fear. An investigator skill is tested severely her. Witness protection exists in a rudimentary form in our country. We have to borrow from the United States, which has nearly foolproof legislations. Bilkis was initially unwilling to depose for fear of reprisal. It was onl y after repeated assurances that she came forward to relate the happenings of March 3, 2002, as best she could. In camera deposition helped Bilkis a great deal in coming out with a cogent and uninhibited account of the attack on her. This made the judge convinced that she was speaking the truth. The Gujarat police did not distinguish themselves in the case. Their decision to drop action on the first information report registered on Bilkis complaint was dubious. There is more than a suspicion that the move was made under extraneous pressure. This allegation is difficult to prove but is the one that is supported by public opinion. When the police force in under the thumb of the government, we can hardly expect any thing from police. Even after CBI filed a chargesheet in April 2004 against 12 private individuals, six plice man and two doctors, there was no assurance that the trial would be free and fair. There was a nagging fear that the state government would help