Acids are corrosive substances that can burn and seriously harm anything they
come into touch with. The Criminal (Amendment) Act of 2013 lessens the severe
damage that an acid attack causes. The majority of documented acid attacks occur
as a result of refusals to enter into personal love or to get married. The
community in India has been delving into situations like Sayed Shafique Ahmed
and others that have seriously injured innocent people.
The appropriate
conclusions represent justice for victims and compensation in situations
involving crimes like acid attacks in accordance with the articles of the Indian
Constitution and the law of criminal procedure. IPC Sections 326A and 326B deal
with the use of acid to intentionally cause permanent or specific harm,
deformity, disfigurement, burns, or disability. Under this clause, a punishment
of 5 to 10 years in jail and a fine can be increased to life in prison.
The
victim is entitled to free medical care under Section 357. The safety
precautions outlined in this article plus the subsequent actions will help
reduce acid sites on skin at the moment of assault. There are few opportunities
to escape the acid that attackers throw at person. As this report's summary
makes clear, offences against the body are covered in IPC, which includes acid
assaults.
Offenses under Sections 326A and 326B are cognizable, not subject to
bail, and require a court trial. Laxmi Agrawal, an acid assault victim and
notable survivor in India, fought for her life. Our research also revealed how
Laxmi Agrawal changed his life, overcame his challenges, and became one of
India's proudest women. Future developments in nanotech cosmetics and the way
burn wounds are treated surgically are both possible. The last viable
alternative to cure damaged skin may be nanotechnology, but research on it is
still ongoing.
Introduction
In the Indian Penal Code, sections 326A and 326B have been added. The Criminal
(Amendment) Act,2013 reduces this grievous hurt of acid attack which makes
permanent damage or deformity or makes a person disabled. Where the Indian
Constitution through its several provisions ensures equality between men and
women in the custody. Among all crimes, an acid assault is one of the most
horrifying, wreaking destruction that can rock the foundations of society and
the conscience. A victim is in excruciating physical and emotional suffering and
is unable to comprehend it.
From the acid attack in every aspect of this
society, a woman is becoming the victim of the cruelty of misogynists. The
situation where women always feel scared and helpless by bringing up too many
injustices and dogma. In ancient times acid was generally used for chemical
experiments and metallurgy but misuse and viral acid burn cases occur as crimes
of passion against women. Acid cannot be destroyed but it can be reduced before
spreading with Cold and clean water until the concentration of acid goes down on
the skin.
The latest report of the National Crime Records Bureau (NCRB) 2016 recorded 283
incidents under the section of acid attack ('Living in the shadows'- A project
for acid attack victims by Haryana State Legal Services Authority) [1]. It
revealed that most of the reported acid attack cases are due to refusal of
marriage or rejection of romance. Despite an increase in the number of reported
cases of acid attacks, the initial nonavailability of strict legislatures and
underreporting of the crime have led to gross underrepresentation of the acid
attack victims [1, 2].
Acids are corrosive substances which produce highly potential burns and severely
scar everything they touch. Generally, known as Sulfuric acid, Nitric acid, and
Hydrochloric acid, all are used for cleaning, manufacturing cotton and rubber,
and other Industrial purposes.
The provision made by selling an acid is to provide for the classification of
acid based on its intensity and level and to prohibit the sale of acid of higher
level to assist the rehabilitation of acid attack victims and prevent the
uncontrollable sale of acid, the acid should not be sold without verification of
person who buying and know the reason first, to make the regulated sale of acid
an offence punishable with six months imprisonment and fine. To provide that
acid attack victims shall be treated as person with disabilities to avail
benefits under various schemes of the governments (Central or state), sufficient
punishment necessary as IPC section 326B for 10 years in jail.
The specified amount is given by the government law for acid attack victims as
10 Lakh in grievous hurt and 3 Lakh for other cases. It needs to be given to
compensation by the government for victims on charge monthly basis because one's
skin is damaged the whole life to suffer. Innovation in cosmetics surgeries
shall be treated as medical treatment in case of acid attack victims.
History and Cases
In 1879, 16 cases of vitriol attacks were informed as the crime of passion.
On October 17, 1915, Prince Leopold Clement of Saxe-Coburg and Gotha, the Kohary
family's heir, was attacked with acid by his wife Camilla Rybicki, who then
committed herself. The first acid assault in South Asia occurred in Bangladesh
in 1967.
In 1982, in Cambodia, the first case of acid attack was informed in 1993. In
India, Sayed Shafique Ahmed from the state of Maharashtra, The accused arrived
on a motorcycle and voluntarily splashed acid on his wife and another person
[3], seriously injuring them, on a public road in Kannard.
In the Jharkhand case, the victim was standing with her friend on a bus when the
accused came and poured acid over her head and face. The victim was being
blackmailed by the accused, who had a photo of her, but she refused to comply
with his demands. The victim required hospitalisation due to burns to her neck,
chest, and left side of her eye. Under the IPC, a case was opened for the
offence of causing great bodily harm while attempting to commit murder. But in
this case, the culprit was sentenced to three years in prison and there was no
compensation given to the victims.
In the case of Ramesh Dey & Mrityunjoy, from West Bengal, these two persons used
to assault the women Padma', the reason is that the Padma rejected his (Ramesh)
proposal and tried to ignore him. Due to this, Padma suffered the strongest acid
attack and she died. Due to the fact, that this acid burns the outer part of the
skin, eyes, breast, right hand and knee. In this case, the guilty were punished
with life imprisonment and 5000 rs fined for her murder and grievous hurt but no
other compensation for the victim's family.
In the case of Mahadev shishthu from Karnataka state, 'similar to WB case
offenders didn't get proper punishment for committing this ruthless crime with a
malice intention even the expenses of the victims' medical services was not
afforded by the offenders.
In all cases, we can see the valuable punishment ordered but the victim's family
did not get anything. Then, the case is closed. The blotchy investigation is a
process of systematic regulations. Justice can be reformative with an object to
preparatory and rehabilitation of the survivor but the suffering and pain of a
victim should be considered fully.
In the case of Naeem Khan with Laxmi, Naeem Khan strong desire to marry Laxmi.
But due to their large age difference Laxmi, who was just 15 years old, she
rejected many times. In April 2005 when Laxmi was returning to her house her
hand were burnt by an acid attack. A criminal case registered was filed against
the appellants. The two were guilty of imprisonment for 10 years. The Delhi high
court where court directed the appellant to pay 3 lakhs as a fine which is to be
given to Laxmi as compensation under the provision of the code of criminal
procedure.
Reason for acid attacks
Acid attack or violence happens when a person has a strong intention of harming
the person. It is ruthless human activity which not only harms the person but
psychologically breaks done in front of society. In India, 90% cases women are
victims of acid attacks.
Other countries are Bangladesh, Afghanistan, the UK, South African countries,
London, and Pakistan many cases registered and still on finding guilty. 57% of
female victims are suspected in other neighbouring countries which critical
scenario for the nation.
Graph 1: Total number of reported acid attack cases in India between 2012 - 2022
Graph 2: Total cases of acid attacks reported worldwide over the past five years
Role of Judiciary
Numerous registered acid attack cases under this clause before the Criminal Law
Amendment Act 2013, which was passed to curb acid attacks in India. Due to the
ease with which offenders can obtain bail after being found guilty under the
sections of hurt very seriously hurt, they avoid receiving harsh punishment for
their actions. The punishment became liable to give Rs 5000/-. As compensation
and they were imprisoned for 3 years. Due to the technical difficulties of law
at that time convicts did not get proper punishment. Article 21 ensures the life
of dignity and the right to live there the momentum of this article has given
proper extension and justice to the rehabilitation of the victim and his or her
family.
According to section 326 A of IPC, By hurling acid at or giving acid to that
person, you risk causing permanent deformity to burnt or disabled body parts, as
well as great harm.
Article 32, The Supreme Court of India has urged regulation of sales in India
under the Indian Constitution. In this petition framing a new law or amendment
to the existing criminal law like IPC and code of criminal procedure for dealing
with the offence like an acid attack.
On February 11, 2011, The SC instructed all state governments to investigate the
cause of the acid attack. Additionally, it was suggested that in addition to the
criminal code of process, the government enact a separate statute controlling
criminal injury compensation.
Laws in India
- Section 326A of the Indian Penal Code, 1860, deals with voluntary causing permanent or particular damage, deformity, disfigures, burns, and disables by the use of acid. 10 years imprisonment under this section, which may be extended to imprisonment for life and fine, which should be as per the victim's medical expenses [4].
- Section 326B of the Indian Penal Code, 1860, deals with voluntarily throwing or attempting to throw acid to cause harm. The person will be punished with a minimum imprisonment of 5 years, which can be extended up to seven years and a fine [1].
- Section 357A of the Criminal Procedure Code – deals with a general clause on compensation scheme to the victims who have suffered any loss or injury, and the court, after the conclusion of the trial, passes an order directing the accused to pay compensation [4].
- As per section 357C of the Criminal Procedure Code, 1973, all the local, public, and private hospitals are directed to provide free-of-cost emergency first aid to the victims [4].
Under section 357C: Medical Cure
All hospitals, public or private, whether run by the Central government, the
state Government, local bodies or any other person, shall immediately, provide
first-aid medical treatments, free of cost, to the victims of any offence
covered under section 326A, 376, 376B, 376D, 376DA, 376CB or section 376E of the
Indian Penal Code, and shall immediately inform the police of the such incident.
Scientific safety measures and pain-relieving treatments
There are various organizations are working 24x7 to improve the lives of acid
attack victims, there's no knowing when one might fall prey to this devastating
tragedy. This work found the collection of prevention and control to minimize
the effect of an acid attack.
- Turn around before the solution is thrown by attackers, if possible
There are few chances to move around from the acid thrown by attackers, but we can analyze what kind of people are coming forward and what they have. Acid is a highly flammable substance; it can store in glass mostly, and no one can walk around without following safety measures with an acid. So, analyze it and fight against it.
- Dilute the affected area with Coldwater
Use clean cold water in the affected area (below 10˚C temperature). The water should not be contaminated or normal. Flush the acid from the affected skin with cool, running water for at least 20 minutes. This ensures that all the acid is removed and prevents further skin damage. Make a wet, cold compress with a sterile pad if possible, or clean if not, and apply it to the acid burn.
- Immediate Call for support
Try to call for an ambulance to provide first aid care to the victim; medical assistance is also available. A medical professional understands how to determine the type of acid and the consequential treatment of its burns.
- Disconnect acid from other substances
The contact reaction happens when other substances are not removed in contact with an acid. It is mandatory to remove clothes or other things to decrease the chance of burning. It is very important to get rid of them quickly so that medical specialists don't have trouble recognizing the acid type.
- Remove the chemical from the affected area
Don't let the acid stay on the skin for a long duration of time, as the longer it stays, the more it will react with the skin and the more damage it will cause. Let the water rinse it through or use gloves to remove the chemical from the skin as soon as possible.
The acid may react violently with the base releasing a huge amount of heat,
which would eventually cause an even higher degree of burn.
Efficacy of victims' Compensation schemes
An immense problematic situation comes in this hardest phase, where people
target the women because of silly reasons in their minds. Because of this
reason, women suffer a lot of pain and mental illness throughout their whole
life. There are issues with the education system when people can carry out an
acid attack without knowing what will happen to that girl or person due to a
lack of proper guidance, awareness, and support from societies for
sustainability. First, people were unable to find solutions and instead pushed
problems onto others to solve them or create targets to gain some reputation.
Some private and government NGOs in India provide acid attack survivors, with
financial assistance and psychological therapy. Some NGOs are listed here:
- Aahwahan Foundation in Bengaluru
- Acid Attack Saahas Foundation in Mumbai
- Make Love Not Scars in Delhi
- Acid Survivors & Women Welfare Foundation in Kolkata
- International Foundation of Crime Prevention and Victim Care in Chennai
- Chhany Foundation in Noida
Law of Power
The acid attack being one of the grave offences comes under Grievous Hurt Code.
Offences affecting the human body comes under Section 299-377, in which
provision 326 A and 326B is related to acid attack.
IPC section 326A |
IPC section 326B |
The offender is successful in hurting the victim. |
The offender attempts to throw acid, without
being able to hurt the victim. |
Punishment of 10 years of imprisonment or it may
get extended to imprisonment for life with a fine. |
Imprisonment of 5-7 years along with a fine. |
It is cognizable and non-bailable |
It is a non-compoundable offence |
Table 2: The Criminal Law (Amendment) Act, 2013 introduced many important
provisions to the Indian Penal Code. Section 5 of the Amendment Act, 2013
inserted sections 326A and 326B in IPC.
Section 114: The Evidence Act states that the Court will presume whoever
commits an acid attack had the knowledge of its dreadful consequences and
therefore he deliberately had done it and hence he would be liable under Section
326A of IPC.
The Rights of Persons with Disability Act 2016, recognizes acid attack victims
as persons with specified disabilities. This allows survivors to get disability
certificates; those with 40% or more disfigurement, are entitled to reservations
in government jobs, and other benefits are free education for their children
under Chapter VI and VII of the Act. Even the private sector is obliged to give
accommodations to victims. Even after so many judgements, implementation is
unable to be seen.
Under the Central Victim Compensation Fund (CVCF), which was set up by the Modi
government in 2014, with Rs 200 crore from the 'Nirbhaya' fund, the states are
required to pay a minimum amount of Rs 3 lakhs to acid attack victims. As per
the plan, CVCF supports victims of rape, acid attacks, and women killed or
injured in cross-border firing and human trafficking.
In the case of girls less than 14 years of age, the compensation will rise by
50%. There are other schemes in India on the acid attack as well like:
- National Legal Services Authority
- NALSA (National Legal Services Authority) Scheme, 2016
- State Legal Services Authority & District Legal Services Authority
- Victim Compensation Fund
- Nirbhaya Fund
Opportunities for victim's:
It does not imply that victims must endure their entire lives in misery and
without hope. In accordance with government norms and regulations, the Indian
government has already provided help to numerous organisations. The victim is
eligible to apply for numerous government positions, including engineer and
doctor. Exams or interviews may be ahead as the procedure of selection.
Survivor
IPF
Laxmi Agrawal
Incident-Laxmi Agrawal, a shy 15-year-old girl, suffered a violent acid assault
in 2005 solely as a result of her rejection of a man tony Khan.
In 2005, two men attacked Laxmi, then 22 years old, with acid while she was
waiting for a bus in Delhi's upscale Khan Market. They did this because she had
refused to wed one of them, leaving her disfigured.
The girl and her parents were fortunate to get assistance from a generous donor
who covered the medical costs, which came to about Rs. 2.5 lakh. Even after four
plastic surgeries, the victim's physical appearance is still appalling, and many
more procedures would be needed to restore it to something close to what it was.
Of course, the victim will never look the same as she did prior to the attack.
After Laxmi's landmark case, the Supreme Court (SC) issued a ruling prohibiting
the sale of acid in retail establishments. The SC has outright banned the
counter sale of the chemical for preventing acid attacks unless the vendor keeps
a record of the address and other information of the customer, as well as the
amount. Dealers are no longer permitted to sell the chemical unless the buyer
has a government-issued photo ID card and specifies the reason for the
transaction.
Within three days of the transaction, the seller must give the
local police the specifics of the sale. Any person under the age of 18 should
not be sold acid, and all stokes must be reported to the neighbourhood sub
divisional magistrate within 15 days. Undeclared goods could result in
confiscation and a fine of up to Rs 50,000 for the defaulter. Acid attack is a
criminal offence that is both cognizable and bailable.
The only way to avoid acid attacks is to prohibit the retail sale of acid. "Acid
violence is a retaliation-based crime. Only when the law is effectively executed
will it take effect. Additionally, those that sell acid need to be made more
aware. A legislation cannot be effective unless and until individuals change
their minds. New laws shouldn't be implemented right once; first, people's minds
need to change. India is making an effort to address the issue of acid attacks,
but until awareness is promoted among the population, this effort would fail.
Conclusion
Sections 326A and 326B offences are cognizable, non-bailable, and subject to
trial by the Court of Sessions. And, an acid assault is a crime under the IPC,
which deals with crimes against the body. As a result, all genders are covered
by the acid attack laws under sections 326A and 326B of the IPC. Although the
focus is being paid to acid assaults, much more attention is required for this
terrible crime.
As a culture, we ought to be aware of the suffering that acid
attack victims are facing. They might feel helpless, and we can't provide them
reassurance. In addition to society, the law needs to be stricter to guarantee
that each victim receives justice. Based on findings, Nanotechnology has been
successful in finding strategies to incorporate antibiotics in nanoparticles for
the treatment of local wounds, thereby avoiding the systemic exposure to the
drug.
This review focuses on the most recent advances on the use of nanoparticles in wound dressing formulations and in tissue engineering for the
treatment of burn wound infections. The crime of an acid assault is not on a
small scale; it is growing every day, so the government should take proper
action that will actually assist the victim rather than passing such a pointless
law.
References:
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- S. Agarwal, Acid Attack, Law Times Journal, 27 March 2020. [Online]. Available: https://lawtimesjournal.in/acid-attack/. [Accessed 27 March 2020].
- What Are The Laws Related To Acid Attacks In India?, 2022. [Online]. Available: https://www.writinglaw.com/laws-related-to-acid-attacks-in-india/
- S. K. Kumar, Role of Psychological Makeup in Psychological Rehabilitation of Acid Attack Victims, Journal of Interpersonal Violence, 2020.
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- Jahromi, Mirza Ali Mofazzal, et al. Nanomedicine and advanced technologies for burns: Preventing infection and facilitating wound healing. Advanced Drug Delivery Reviews 123 (2018): 33-64.
- Bellu, Emanuela, et al. Nanomaterials in skin regeneration and rejuvenation. International Journal of Molecular Sciences 22.13 (2021): 7095.
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- Miller, Vivien. Vitriol Throwing in Victorian America. American Nineteenth Century History (2022): 1-18.
- Batool, Hadia, Mudasir Mustafa, and Saeed Ahmad. A phenomenological analysis of adoption of coping strategies among survivors of acid violence in Pakistan. Journal of Interpersonal Violence 37.11-12 (2022): NP8696-NP8723.
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Written By:
- Rahul Jarariya
- Priyanka Sehanobish
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