An Unjust Mercy: Locating the Illegalities in the Release of the Convicts in the Bilkis Bano Case

Abstract

The Gujarat government’s decision on 15 August 2022, to release all 11 prisoners sentenced to life imprisonment in the Bilkis Bano case has serious implications, both for the rights of Bilkis Bano herself and the policy landscape around reformative prison measures like remission and premature release. Here I attempt to locate the release within a larger national context wherein carceral notions of justice, typified by longer and harsher prison sentences, are gaining currency both within the government and judiciary. I examine the deeply flawed process by which the prisoners came to be released, highlighting the arbitrariness and legal infirmities that render the government’s decision illegal.