Acid attacks are a cruel form of violence that causes permanent physical,
psychological, and social harm to victims. This form of violence involves the
intentional throwing of corrosive substances, like sulphuric acid, on an
individual. These brutal crimes, often arise due to jealousy, rejection of
marriage proposals or some other personal reasons. The atrocious nature of acid
attacks makes them one of the worst forms of gender-based violence which remain
prevalent in Asian countries, particularly in India. One cannot imagine what a
victim of such a crime goes through. Life can never remain the same, their world
collapses in an instant. The mental agony they suffer is unimaginable, affecting
every aspect of their life.
In the last few years, there has been a sharp rise in acid attack violence in
India as indicated by data from the National Crime Record Bureau (NCRB). 70% of
victims are women in India as indicated by the annual reports of the Acid
Survivors Foundation (ASF). In 2022, acid attack cases marked an increase from
the previous year.
Under
Bhartiya Nyaya Sanhita (BNS), acid attacks are punishable under Sections
124(1) and 124(2). These Sections were previously Section 326A and 326B of the
Indian Penal Code (IPC). Punishment for causing such a heinous offence is
imprisonment of at least 10 years and up to life, and a fine. In contrast, the
punishment for attempting to cause an acid attack is imprisonment of at least 5
years and up to 7 years, and a fine. The offence is regarded as cognizable and
non-bailable. The fine is paid as compensation to the victim.
Notable Cases:
Laxmi v. Union of India and Ors (2013)
Acid attack survivor Laxmi Agarwal filed a PIL demanding stricter control over
the sales of acid. The Court held that;
Only licensed retail outlets may sell acids, where buyers are required to
present their photo identification and state the purpose for which they are
going to use acid. Retailers must record sales details and forward them to the
Police. The judgement also directed the government to provide adequate
compensation and establish procedures for the treatment and rehabilitation of
the victim.
Parivartan Kendra v. Union of India and Ors (2016) 3 SCC 517
In this case, the Supreme Court held that Courts have the discretion to
award compensation that does justice to the severity of injuries, the cost
of medical treatment, and long-term recovery needs. The ruling highlighted
the necessity for quick and fair compensation as an important part of
ensuring justice for survivors.
Despite numerous laws and landmark judgements on acid attacks, a victim's
journey towards justice is still faced with so many hardships. For instance,
laws mandate that the buyers of acid must present their photo identification
and state their intention, but enforcing such laws on the ground level is
difficult. Many states and Local bodies lack the active monitoring of sales
of acids either due to lack of manpower or technical tools to address such
sales. Retailers sometimes fail to maintain proper sales of acid.
As we know India is a diverse country, and guidelines enforced by the
Supreme Court have not been uniformly enforced across all over the regions.
As we know the Government provides the facilities of compensation to victims
for their medical treatment, rehabilitation, legal aid, psychological
counselling etc however survivors often face delays in receiving such
compensation which further hinders their access to timely medical treatment.
Many survivors struggle to get a job either due to physical constraints or
social prejudice. They face discrimination by society including their own
family and friends. Such an exclusion either by society or communities
happens when they fail to recognise the emotional trauma of survivors thus
neglecting the psychological support.
Court trials in these heinous cases often suffer delays. The reason for such
delay is Indian judiciary is overburdened with many pending cases making it
hard to get a speedy trial. The process of investigation which requires
forensic analysis, medical reports etc takes a lot of time. Sometimes
medical and forensic reports take months to be filed. In most of the cases
the non-availability of proper medical facilities leads to slowing of trial.
This means the victims may spend years fighting their case which certainly
affects the victim's mental health. Due to slow justice, many survivors lose
their hope in the judiciary system which results in under-reporting of acid
attacks. For many survivors who already suffered, this delayed justice would
further aggravate their sufferings leading to severe depression and anxiety.
Key Suggestions
The measures that can be taken to strengthen control over acid attacks are enumerated as under:
- Regulating every stage of acid handling to ensure that only individuals and organisations who are authorized can have access to these hazardous chemicals. This can be done by introducing a strict licensing system for the production, distribution, and sale of corrosive acids.
- Making it obligatory for the retailers to record buyers' details and restrict sales to authorised users only.
- Establishing dedicated and specialised investigative units within Police forces trained to handle acid attack cases.
- Creating fast-track courts or designating special tribunals to address such cases immediately.
- Launching public education campaigns about the consequences of acid attacks helps in spreading awareness to prevent such inhumane crimes and the importance of timely first aid. This can be achieved by using TV, radio, social media and posters to spread real-life stories of survivors. For instance, the movie Chhapaak is inspired by the real-life story of Laxmi Agarwal.
- For monitoring the implementation of these laws, multi-agency committees should be instituted involving law enforcement, health services, social welfare bodies, civil society, etc.
- For providing assistance to victims of acid attacks, government agencies, NGOs, and medical institutions should work in coordination as a team, including legal help for justice, medical and psychological support, housing assistance, and helping them to get a job.
- It is also pertinent to mention that there are certain organisations like the Chhanv Foundation which runs the Sheroes Hangout Cafes in India. These cafés provide employment, dignity, and empowerment to acid attack survivors. Thus, creating diverse job opportunities for them can help in their rehabilitation and empowerment.
These recommendations are built on the experiences of committees like the
"Justice J.S Verma Committee" and the initiatives of bodies such as the "Delhi
Commission for Women."
Conclusion
Acid attack is a brutal crime which destroys not only the life of the victim but
also the lives of people connected with the survivor. The victims suffer
permanent disfigurement and mental trauma. They face profound challenges in
their day-to-day life. People hesitate to interact with them, they distance
themselves from them. However, initiatives like "Sheroes Hangout Café" support
survivors to live with dignity and employment opportunities. While legal systems
work to punish criminals of such crimes society as a whole must take
responsibility for extending support to such victims in rebuilding their lives.
Survivors of acid attacks must not be discriminated against and should be looked
at as individuals who deserve dignity, respect, and equal opportunities like
others by which they can feel more included and confident in society.
References:
- Bhartiya Nyaya Sanhita, 2023, No. 45, Acts of Parliament, 2023 (India), available at https://www.indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf (last visited Mar. 14, 2025).
- Laxmi v. Union of India and Ors., (2013) 9 SCC 749 (India), available at https://clpr.org.in/wp-content/uploads/2024/12/61.-Laxmi_vs_Union_of_India_UOI_and_Ors_18072013__SCs130728COM77538.pdf (last visited Mar. 14, 2025).
- Parivartan Kendra v. Union of India and Ors., (2016) 3 SCC 517 (India), available at https://main.sci.gov.in/judgment/judis/43993.pdf (last visited Mar. 14, 2025).
- National Crime Records Bureau, Crime in India 2022 Statistics (Ministry of Home Affairs, Govt. of India, 2022), available at https://ncrb.gov.in/sites/default/files/CII-2022/CII_2022VolumeI.pdf (last visited Mar. 14, 2025).
Written By: Rihan Irshad, a second-year law student at the School of Law,
University of Kashmir.
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