Justice in Focus:
Bilkis Bano’s Fight and Prabir Purkayastha’s
Arrest Under UAPA
Justice in India often walks a tightrope—one side offering glimpses of hope and resilience, the other casting long shadows of despair and inequity. Two recent and deeply troubling cases—the early release of convicts in the Bilkis Bano gangrape case and the arrest of journalist Prabir Purkayastha under the Unlawful Activities (Prevention) Act (UAPA)—lay bare the systemic flaws in our pursuit of justice. They force us to confront a question: What happens when the law, meant to protect the weak, is wielded to embolden the powerful and suppress dissent?
Let’s unravel these stories to understand their societal, legal, and emotional implications—and what they mean for the soul of Indian democracy.
1. Introduction
Justice is not merely a verdict; it is a feeling—a sense of fairness that reassures people that their lives and dignity matter. Yet, in India, justice often feels like quicksand, especially for those who lack power or privilege.
The stories of Bilkis Bano, a survivor of unimaginable violence, and Prabir Purkayastha, a journalist allegedly silenced for his work, reveal a system where justice seems increasingly elusive. These cases are not just legal battles; they are a mirror to our collective conscience, reflecting the cracks in our democracy.
2. The Bilkis Bano Case: A Journey from Triumph to Trauma
2.1. A Recap of the 2002 Gujarat Riots
The year 2002 was a nightmare that no amount of time can erase. The Gujarat riots saw flames engulf entire neighborhoods, leaving behind a trail of blood and broken lives. Among the countless tragedies was Bilkis Bano, then just 19 years old and five months pregnant, who endured an ordeal that defies words.
On March 3, 2002, a mob attacked her family as they fled for safety. Bilkis was gangraped. Her three-year-old daughter was snatched from her arms and killed. Fourteen members of her family were massacred. Yet, somehow, Bilkis survived.
The strength it must have taken for her to face the world, to demand justice in a system designed to silence victims like her, is unimaginable. Her fight led to the conviction of 11 men in 2008. For once, justice seemed to have prevailed.
2.2. Early Release of Convicts
But this triumph was cruelly overturned in August 2022, when the same men who had violated and destroyed Bilkis’s world walked free under a remission order. The Gujarat government justified their release as per laws allowing “good behavior” as grounds for early freedom.
Good behavior? How does one even begin to reconcile the release of men convicted of gangrape and mass murder with the notion of good behavior? The optics of their freedom—celebrated with garlands and sweets—felt like a slap in the face of every survivor who dared to hope for justice.
For Bilkis, the trauma of 2002 was relived in 2022. “Why did they let them out? Am I no longer safe?” she asked in anguish, her voice carrying the weight of millions of women who live in fear of a system that fails them.
2.3. Public Backlash and Legal Challenges
The release of the convicts triggered widespread outrage, from protests on the streets to social media campaigns demanding accountability. Even legal experts questioned the selective application of remission laws, pointing out that crimes of such gravity typically preclude early release.
The Supreme Court’s limited intervention—directing the matter back to lower courts—felt like yet another betrayal. This case revealed glaring loopholes in how remission laws are applied, leading to growing calls for reform. Without stricter guidelines, will justice ever be more than a fleeting promise?
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3. Prabir Purkayastha’s Arrest: Press Freedom vs. National Security
3.1. UAPA’s Expansive Powers
The Unlawful Activities (Prevention) Act (UAPA), often referred to as India’s anti-terror law, was designed to combat extremism. But in recent years, it has come to symbolize the stifling of dissent. Its broad provisions allow the government to arrest and detain individuals without a trial for extended periods, effectively bypassing judicial scrutiny.
Prabir Purkayastha, a journalist and founder of NewsClick, became the latest target in 2023. Accused of using foreign funding to promote anti-India propaganda, he was arrested under UAPA—a move many believe was aimed at silencing a platform that dared to question authority.
But where is the evidence? Where is the transparency? Without clarity, allegations of “national security” begin to sound like a convenient excuse to crack down on dissent.
3.2. Rights of the Accused: Where Does India Stand?
Under Article 22 of the Indian Constitution, the accused have a right to be informed of the grounds for their arrest. But UAPA’s provisions often render these protections meaningless, leaving individuals at the mercy of a state that doesn’t have to explain itself.
Comparisons to global cases like Julian Assange’s persecution reveal a disturbing pattern: Governments targeting journalists who expose inconvenient truths. For Purkayastha, as for many others, justice seems like a distant hope.
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4. Linking the Cases: Common Themes in the Quest for Justice
Both Bilkis Bano and Prabir Purkayastha’s cases underscore troubling trends in India’s legal system:
- Selective Application of Laws: Whether it’s remission or UAPA, laws are increasingly seen as tools of convenience for the powerful.
- Systemic Bias: Marginalized communities, including women and dissenters, bear the brunt of these legal inconsistencies.
- Erosion of Trust: When justice is arbitrary, public faith in the judiciary crumbles, threatening the very foundation of democracy.
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5. Lessons from Popular Culture and Global Cases
Movies like Article 15 remind us of the systemic rot within our institutions, while No One Killed Jessica shows how public pressure can force the system to act. Globally, cases like Jamal Khashoggi’s murder highlight the perils of speaking truth to power. These parallels emphasize that justice is not just an Indian issue—it is a universal struggle.
6. Role of Media in Amplifying Voices
In the Bilkis Bano case, relentless media coverage helped sustain public outrage, forcing the judiciary to act. In contrast, the muted response to Prabir Purkayastha’s arrest reflects the growing danger of media complicity in silencing dissent.
What happens when the media, the supposed watchdog of democracy, becomes an enabler of injustice?
7. Democracy Under the Spotlight
At its heart, democracy thrives on accountability, fairness, and transparency. Both Bilkis Bano’s trauma and Prabir Purkayastha’s arrest challenge these principles. If justice remains selective, can democracy survive?
The answer lies in systemic reforms that restore the balance between state power and individual rights. Without this balance, the very idea of justice is at risk.
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8. Conclusion
Justice is more than a word; it is a lifeline for those who suffer. Yet, for Bilkis Bano and Prabir Purkayastha, justice feels like an unfulfilled promise. Their stories remind us that the fight for fairness is ongoing—and it is one we must not abandon.
9. FAQs
1. What is the Bilkis Bano case?
It involves the gangrape of Bilkis Bano and the murder of her family during the 2002 Gujarat riots. Her fight for justice gained national attention, but the convicts’ early release reignited public outrage.
2. What are the key provisions of UAPA?
UAPA allows for detention without trial for up to 180 days, making it a powerful tool often criticized for suppressing dissent.
3. Why was Prabir Purkayastha arrested?
He was accused of spreading foreign propaganda under UAPA, though evidence remains unclear. Critics see this as a clampdown on press freedom.
4. What legal reforms are needed in cases like these?
Reforms include stricter remission guidelines, enhanced judicial oversight for UAPA cases, and stronger protections for press freedom.
5. How do these cases impact Indian democracy?
They highlight systemic flaws, urging a balance between governance, security, and individual rights.
 Landmarks of 2024: Bilkis Bano convicts early release and Prabir Purkayastha under the Unlawful Activities (Prevention) Act (UAPA)){kind=link}
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