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Challenges And Solutions In Combating Acid Attacks Against Women In India

Acid attacks is one of the most horrific kinds of gender-based violence that leave their victims with lifelong physical, psychological, and social scars. Every year, thousands of cases are reported worldwide, primarily affecting women. In South Asian nations like India, where gender-based violence, patriarchal structures, and lax legal enforcement all contribute to the issue, the situation is especially concerning. Attackers frequently retaliate for perceived slights, such as the rejection of marriage or romantic proposals, and acid attacks are a manifestation of ingrained misogyny and the belief that women are subservient to men.

In India, acid attacks have been an enduring issue despite the enactment of laws and the efforts of civil society to raise awareness. The objective of this article is to examine the fundamental issues surrounding the fight against acid attacks in India and offer comprehensive remedies to the issue. Examining social, legal, medical, and cultural aspects, the analysis will provide a road map for ending this horrible crime.

Definition and meaning of acid attacks

An acid attack is when someone purposefully pours or throws corrosive materials like nitric or sulfuric acid on someone's body; the face is frequently the target. This act results in serious physical harm, such as burns, deformities, blindness, and in certain situations, permanent disability.

The Indian penal code 1860, by the virtue of criminal law amendment Act, 2013 introduced specific provisions for acid attacks under Sections 326A and 326B.
  • Section 326A: Knowingly throw or administer acid knowing that it will probably result in serious injury or irreversible damage to someone's appearance or ability to function.
  • Section 326B: Makes it illegal to try to throw or administer acid with the intention of hurting someone, even if the attempt is unsuccessful.
  • The Criminal Procedure Code (CrPC): Amended to provide specific procedural measures for the benefit of acid attack survivors, ensuring a framework for support.
  • Section 357B: This clause ensures that victims of acid attacks receive compensation in addition to the fine imposed under Section 326A of the IPC. It requires judges to order the offender to make restitution to cover the victim's medical expenses and rehabilitation costs.
  • Section 357C: Requires all public and private hospitals to offer acid attack survivors free medical care, including first aid and emergency medical attention. Hospitals must also notify the police of any such incidents.
India's National Commission interpreted the act of "throwing acid" or of "using acid in any form on the victim with the intent to cause or knowing that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of such person's body" is regarded as an acid attack.

Causes of acid attacks

Although personal grievances, gender inequality, and patriarchal beliefs are frequently the root causes of acid attacks, there are other more significant socioeconomic, cultural, and legal factors at play as well. An examination of the most typical causes is given below:
  • Rejection of Marriage Proposals or Romantic Advances: Rejection of marriage proposals or romantic advances by women are among the main reasons behind acid attacks, particularly in South Asian nations like India. Men who experience rejection and feel that their ego or honor has been harmed frequently take revenge by using acid attacks.
  • Dowry Dispute: Dowry disputes are one of the major reasons for rising acid attacks. When dowries are paid, disagreements over them frequently turn violent in societies where they are customary. An acid attack may be used as a form of revenge or punishment against a woman whose family cannot afford the dowry that her husband's family is demanding.
  • Honor-Based Violence: Sometimes, acid attacks can be a form of "honor-based" violence, where a woman suffers because her community or family feels that she has brought shame or dishonor to the family. This could be the outcome of deeds that are considered immoral, such as eloping, having an extramarital affair, or even dressing in a way that offends family members. In these cases, the goal is not only to punish the woman but also to restore the honor of the family by excluding her from society.
  • Patriarchy and Gender-Based Violence: Many acid attacks are serious forms of gender-based violence rooted in deeply established patriarchal norms. In societies where women are seen as inferior to men, violence against women who challenge established power structures is a common strategy. The idea that a woman's value is determined by her appearance and that an attacker can degrade a woman's appearance to make her appear "worthless" to society is prevalent in acid attacks.
  • Peer Jealousy: Jealousy is a significant factor contributing to these awful incidents. In this competitive world, everyone strives to be the best and take first place, whether in business, education, or other fields. One person may not be able to tolerate another moving ahead, leading to shameful incidents driven by pure jealousy.

Challenges in Combating Acid Attacks:

  • Victim Blaming and Social Stigma: Acid attacks often result in social stigma for the victims, leading people to reflect on their own behavior rather than placing the blame on the attackers. This victim-blaming culture discourages many survivors from coming forward or taking legal action.
  • Public Perception and Empathy Gap: Acid attack victims are often ignored, and the public shows little empathy or understanding for the severity of their suffering. Survivors encounter discrimination in public places, the workplace, and social situations due to their physical appearance.
  • Legal Reforms and Gaps: Section 326A, which criminalizes acid attacks, is one of the significant amendments made to the Indian Penal Code (IPC). However, there are still instances where the law is not being applied correctly. Other challenges include victims' lack of knowledge about the law and their insufficient support systems.
  • Enforcement Issues: Long judicial delays often result from procedural inefficiencies and a lack of prioritization in acid attack cases. A poor investigation process usually ends with offenders receiving light sentences or acquittal.
  • Prosecutorial and Judicial Delays: The lengthy process of the Indian legal system is a significant issue. Survivors may have to fight for years in court before receiving justice, and many cases are dropped due to a lack of evidence, coercion, or settlement pressure.
  • Illegal Acid Sales and Absence of Regulation: Despite the 2013 Supreme Court ruling mandating their regulation, illegal acid sales remain widely available, complicating efforts to combat acid attacks. The large-scale illegal sales and lack of enforcement of these laws continue to be a major issue.
  • Insufficient Compensation and Delays: While laws exist to provide compensation to acid attack survivors, the compensation process is often slow, and the amounts awarded are insufficient to cover the long-term costs of treatment and rehabilitation.


Solution and strategies to combat acid attacks

  • Strengthening Laws and Regulations: To guarantee harsher punishments for those who commit acid attacks, current laws must be modified. Comprehensive legal provisions should also address survivors' compensation and rehabilitation.
  • Efficient Law Implementation: Acid attacks can be avoided with stronger law enforcement and stricter regulation of acid sales. Ensuring that law enforcement and judicial personnel receive sufficient training on how to handle acid attack cases skillfully and effectively is also crucial.
  • Creating Fast-Track Courts for Acid Attack Cases: Because acid attack cases are so serious, fast-track courts ought to be established to ensure that justice is served quickly. This would ease the emotional and monetary strain on survivors, who often face lengthy legal battles.
  • Enforcing Laws and Monitoring Acid Sales: The procedures used by the government to monitor the sale of acid must be improved. Keeping detailed records of every transaction and ensuring that acid is only sold for legitimate purposes may be necessary to achieve this.
  • Raising the Penalties for Illegal Sales: Stores that sell acid without the required paperwork ought to be subject to steep fines and legal action. This would lessen the amount of acid available for illicit uses and discourage illegal sales. And it will ultimately contribute to combating acid attacks.
  • Free or Subsidized Medical Care and Reconstructive Surgery: Acid attack survivors should be qualified for free or heavily discounted medical care, including reconstructive surgery and burn center services. Hospitals across India ought to set up dedicated burn units equipped to manage acid attack cases. These units ought to provide both emergency care and long-term treatment options.
  • Education and Public Awareness Campaigns: The stigma and discrimination against victims of acid attacks can be reduced by extensive educational programs aimed at changing public perceptions about them. These kinds of campaigns should aim to promote empathy and understanding rather than victim-blaming.

landmark judgement of acid attacks in India

Laxmi v. union of India
When Laxmi was only 15 years old in 2005, she was attacked with acid. The reason behind the attack was her denial of a man's romantic approach. Laxmi filed a public interest lawsuit (PIL) in the Supreme Court with a group of activists, requesting stricter laws regarding the selling of acid and improved victim support services.

Judgement
The Supreme Court of India has mandated strict regulations pertaining to the sale of acid. It stated that only adults who were at least eighteen years old could purchase acid, and those who did so had to show identification and give a justification for their purchase. Retailers were required to maintain an exhaustive record of all sales of acid and report any dubious purchases to the authorities. The court determined that each state must establish a Victim Compensation Scheme in order to fairly compensate victims of acid attacks.

A minimum of INR 3 lakhs, or about USD 4,000, was set as compensation, and within 15 days of the incident, INR 1 lakh had to be paid for emergency medical care. Among the free medical services is reconstructive surgery treatments ordered by the court for victims of acid attacks in both government and private hospitals. Hospitals were required to provide immediate first aid and other necessary medical treatment to victims without waiting for any legal formalities to be completed.

Parivartan Kendra v. union of India
This lawsuit was brought by Parivartan Kendra, an NGO that supports underprivileged communities, following the 2012 acid attack on two Dalit sisters in Bihar. The sisters had been attacked as a result of a land dispute. The case highlighted issues with healthcare, insurance, and rehabilitation for acid attack victims, especially those from disadvantaged backgrounds.

Judgement
In this case, the Supreme Court stressed that the amount of money awarded to victims of acid attacks should be commensurate with the extent of their injuries and their need for ongoing medical attention and rehabilitation. The Court also emphasized that payment of compensation must occur immediately and without bureaucratic delays.

State of Maharashtra v. Ankur Pawan
Ankur Panwar was given the death penalty by a Delhi court in a historic ruling for attacking Preeti Rathi with acid in 2013. A young woman named Preeti was attacked with acid at a Mumbai train station not long after she arrived to start a nursing job. She died as a result of the severe injuries caused by the acid attack.

Judgement
Since Preeti's injuries caused her death, the court found Ankur Panwar guilty of murder in accordance with Section 302 of the Indian Penal Code (IPC). Additionally, it found him guilty under Section 326A (acid trespass). Given the horrific nature of the attack, the death penalty was granted, making this one of the rarest instances in which an acid attack has resulted in such a punishment.

Devanand vs. State of Maharashtra
In this case, the Bombay High Court made clear that victims of acid attacks suffered not only physical injuries but also psychological trauma. The court determined that recompense should include long-term psychological support and rehabilitation costs in addition to covering medical costs.

Jafreen vs. State of Uttar Pradesh

the Allahabad High Court ordered the state to make sure that all victims of acid attacks receive appropriate care and routine medical examinations. The court stressed the importance of mental health support as a crucial component of rehabilitation, in addition to physical treatment.

Conclusion
The incidence of violence against women in India is a result of deeply rooted gender inequality and societal attitudes, as showed by the acid attacks on women. While there has been progress in addressing this issue, there are still many challenges to be addressed, including the stigma attached to victims in society, the ease with which acid can be obtained, and the inadequate legal and medical support available to survivors.

An interdisciplinary approach is necessary to counter acid attacks. This means supporting the legal system, regulating the sale of acid, providing medical and psychological assistance to survivors, and influencing the public's opinion regarding gender-based violence. In addition, it is imperative that civic society, NGOs, and the media stand by survivors and advocate for reform.

In the end, the fight against acid attacks requires collaboration between the government, courts, civil society, and local communities. By addressing the root causes of acid violence and empowering survivors, India can make notable progress toward ending this horrible form of gender-based violence and ensuring a safer and more just society.

Reference:
  1. Banerjee, S. (2013). Acid Violence in India: Gender Violence in a Patriarchal Society. Journal of Women's Rights and Gender Studies, 12(2), 85-102.
  2. The Indian Penal Code, 1860
  3. Criminal Procedure Act, 2013 (Amendment Act)
  4. Agarwal, L. (2019). Laxmi: The Inspiring Story of a Woman who Fought for Justice. Penguin Random House India.
  5. National Commission for Women. (2021). Report on Acid Attack Survivors and Legal Framework in India. New Delhi: NCW Press.
  6. BBC News. (2020). "India's Acid Attack Survivors: Battling for Justice and Dignity." Retrieved from www.bbc.com.
  7. The Acid Survivors Foundation India (ASFI). (2022). Annual Report on Acid Attacks in India.
  8. Laxmi v. Union of India and Ors 2014 SCC 4 427
  9. Parivartan Kendra v. Union of India [2015] 12 S.C.R. 607
  10. State of Maharashtra v. Ankur Pawan AIRONLINE 2019 BOM 417

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