"While another held my hands and legs, one of them pinned me to the ground. My
boyfriend's father then poured acid down my throat. She lost consciousness and
started to drift. They took off all of her clothes and poured the leftover acid
on her genitalia." This is the horrifying account of Shabana, a medical student
from New Delhi, who was the victim of an acid attack. The attack was a brutal
act of vengeance committed by her boyfriend's father, who felt that she had
dishonored the family name by dating his son.
This tragic incident reflects the deeply entrenched patriarchal structure in
India, where women are often seen as objects to be controlled and punished.
Despite advancements in communication, health care, education, and defense over
the past seven decades of independence, the brutal attacks on women have
increased. Acid attacks, often used as a form of revenge or to assert control
over women, are a particularly horrifying example of gender-based violence.
In India, acid attacks are predominantly directed at women, with the most common
reason being the rejection of a marriage proposal or refusal to enter into a
relationship. According to the National Commission of India, an acid attack is
defined as "any act of throwing acid or using acid in any form on the victim
with the intention or knowledge that such act is likely to cause permanent or
partial damage, deformity, or disfiguration."
One such landmark case is the Laxmi v. Union of India, a pivotal moment in
India’s legal history, where the Supreme Court’s decision brought significant
change in addressing the rights of acid attack survivors. This case led to new
regulations on the sale of acid and improved compensation for victims, changing
the legal landscape for survivors of such brutal crimes.
Facts of the Case
- The historic Laxmi v. Union of India case involved the petitioner, Laxmi Agarwal, who was a 15-year-old girl when she was attacked with acid.
- On April 22, 2005, she was ambushed by three men on the streets of Delhi.
- The attack was a revenge assault by Naeem Khan (also known as Guddu) after Laxmi rejected his marriage proposal.
- Laxmi suffered severe acid burns across her face, chest, and eyes, causing permanent damage to 25% of her body.
- The attacker was initially convicted under Sections 307 (Attempt to commit murder) and 120B (Criminal conspiracy) of the IPC by the Delhi Sessions Court.
- However, the attacker was later granted bail by the Delhi High Court, prompting Laxmi to file a PIL in the Supreme Court in 2013.
- The PIL sought comprehensive legal measures and compensation for acid attack survivors.
Legal Issues
- Regulation of Acid Sales: Laxmi argued that acid was easily accessible and inadequately regulated, increasing its misuse in violent crimes.
- Amendment of Laws: She called for amendments to the IPC, CrPC, and Indian Evidence Act to address acid attacks explicitly.
- Compensation and Rehabilitation: Laxmi highlighted the need for financial support and medical rehabilitation for acid attack survivors.
Legal Provisions
- Section 326A of the IPC: Penalizes causing grievous hurt by acid with at least ten years of imprisonment.
- Section 326B of the IPC: Penalizes voluntary throwing or attempting to throw acid with at least five years of imprisonment.
Contentions of the Petitioner (Laxmi)
- Argued that easy access to acid contributed to the rise in attacks.
- Advocated for stricter regulations, requiring identification and purchase justification.
- Sought specialized legal provisions for acid attack victims, including free medical treatment and financial compensation.
Contentions of the Respondent (Union of India)
- The government proposed implementing regulations under the Poison Act.
- Required licensing and regulation of acid sales, including buyer verification.
Supreme Court Judgment
- Regulation of Acid Sales: Banned over-the-counter sales without proper documentation.
- Compensation for Victims: Ordered financial compensation and government-funded treatment.
- Legal Amendments: Introduced Sections 326A and 326B in the IPC and amended CrPC Sections 357A and 357C to support victims.
Analysis of Judgment
This ruling was a turning point in the legal treatment of acid attacks in India.
Before this case, acid attacks were prosecuted under the generic category of
grievous injury, which did not fully address the specific nature and severity of
such attacks. The new laws, including the creation of Sections 326A and 326B in
the IPC, recognized acid attacks as a distinct and heinous crime, with
punishments reflecting the gravity of the offense.
Furthermore, the Court’s directive for victim compensation and free treatment
marked a significant step toward ensuring that acid attack survivors received
both justice and the necessary support for their physical and emotional
recovery.
Conclusion
The Laxmi case marked a monumental shift in the way India handles acid attacks.
Laxmi's courageous fight for justice not only led to legal reforms but also
highlighted the need for society to address the underlying gender-based violence
that fuels such attacks. Today, the case serves as an inspiration for other
survivors, showing that even in the face of overwhelming adversity, the legal
system can provide hope and a path to justice.
This case underscores the importance of robust legal frameworks that address the
unique challenges faced by acid attack survivors, offering them not only
protection but also dignity and support as they rebuild their lives.
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