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India - January 2024

Supreme Court overturns early release of 11 men convicted of gang rape

On 8 January, India’s Supreme Court (SC) reversed the Gujarat state government’s decision to release 11 men convicted of gang-raping a pregnant Muslim woman (Bilkis Bano) during the 2002 Hindu-Muslim riots, ordering their return to jail. The decision follows a controversial order by the Gujarat government to set the men free in August 2022, which drew widespread condemnation. The verdict is premised on the ground that the Gujarat government had acted beyond its jurisdiction in granting the assailants early release, emphasizing that only the state government where the crime occurred (Maharashtra state) has the authority to release them. Human rights groups and legal experts have welcomed the SC’s decision to uphold the rule of law and protect women’s rights, although the question remains as to whether the Maharashtra government will later extend the convicts’ relief. There has been no immediate response from the Gujarat government on the matter.

Sources: International IDEA, The Hindu, CNN, The New York Times, Al Jazeera, The Indian Express

Primary categories and factors
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Rule of Law +1 Rule of Law  (+1)
Judicial Independence
Secondary categories and factors
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Rights Rights
Political Equality
Gender Equality
Social Group Equality
Rule of Law +1 Rule of Law
Predictable Enforcement