The Supreme Court (SC) issued a notice in a petition challenging the remission of the 11 convicts in the Bilkis Bano case.
Background:
In 2003, Bano approached the Supreme Court about the mass murder of her family members and her own gang rape during the widespread communal violence.
The SC transferred the trial of the accused in the Bilkis Bano case to Maharashtra.
All of them, now set free, was found guilty and convicted.
Recently the Gujrat government granted remission to the convicts after the completion of 14 years and five months of their sentence.
Crime against Humanity:
The crimes committed against Bilkis Bano would count as crimes against humanity, as they were committed during a period of communal violence against a minority community. The SC has now issued a notice and a PIL by concerned citizens is calling for a quashing of the order of remission.
Rome statute is which deals with crimes against humanity. There is a clear indication that such convicts can be granted a sentence of up to 30 years, depending on the context in which the crime occurs. Although India is not a party to the Rome statute, but it does not free any nation-state to prosecute and punish crimes against humanity.
Rape is regarded as “an impact crime”. Such a crime is committed not only against the person but also against the community she represents. It’s a message to the community as a whole and sends waves of everlasting fear through it. The message here was clear, this is revenge on you for being a member of the minority community.