A Note on Legal Policy Against Acid Attacks in India

This article was originally written as an academic paper and is republished here as a knowledge-sharing resource. It has been lightly formatted; statutory references reflect the law as it stood at the time of writing.

Introduction

It is high time now, women of our country do not live in confidence anymore but rather in fear. The fear of being attacked by acid, which was once used as a tool for household purposes, is now known as the destroyer of many lives. According to Acid Survivors Foundation India a total of 249 of cases were reported in year 2015 while there was a total of 309 reported cases of acid attacks in 2014. While we have only 1/15th the number of cases as Bangladesh has, which has the highest no. of acid attack cases in world. As being a welfare state it is the duty of every government to protect the lives of its each and every citizen. Thus, the motive should of govt. should be not to bring down the crime rate but rather to bring reform in society.

Cases of Acid Attack in India

Over the year’s numerous cases were filed in various courts, but none of the court was ever able to compensate for the injustice done to these victims, the attacks have left a permanent scare on the body, mind and souls of acid attack victims.

The Supreme Court of India took a major step when a Public Interest Litigation (PIL) was filed in May 2006 by a victim of a gruesome acid attack, Laxmi. The court passed a detailed order stating that the govt. shall work towards making it a cognizable and non-bailable offence under the Poison Act, 1919, along with rules to regulate sale of acid and other corrosive substances. Section 357A was inserted in the Code of Criminal Procedure (CrPC) w.e.f. 31.12.2009 which postulated for scheme for providing compensation to victims and their dependents along with their rehabilitation. A compensation upto Rs. 3 lac. was also made mandatory for the victims.

While in case of Parivartan Kendra v. Union of India (2013), a PIL was filed by an NGO after two Dalit girls of Bihar were attacked around midnight in October, 2012 by four assailants who threw acid on the face and bodies of the girls while they were sleeping on their rooftops. The Supreme Court directed to directing the Central and State Govt. to implement Victim Compensation Schemes (VSC) for making compensation payable to acid attack victims through a separate fund. Court also reaffirmed the guidelines of Laxmi case and made it mandatory that a payment of min. Rs. 3 lac. shall be made to the victims of acid attack by the concern govt. of the state. However, in the present case a total compensation of Rs. 13 lac. for each victim was made payable. It was also directed to all the States and Union Territory govt. to add the names of acid attack victims under the disability list.

Punishment for Acid Attack

Before 2013 Indian criminal law did not recognize it as a separate offence. With the amendment in Indian Penal Code (IPC) in February 2013, incidents of acid attack are now being recorded as a separate offence under section 326A and 326B.

The punishment for Acid attack is covered under following sections:

Section 325 - Punishment for voluntarily causing grievous hurt is seven years of imprisonment or fine or both.

Section 326 – Punishment for voluntarily causing grievous hurt by dangerous weapons or means includes imprisonment for life or imprisonment of either description for a term which may extend upto ten years, along with fine.

Conclusion

Like our neighbouring country Bangladesh, India too needs a proper legal mechanism to define the punishment for attacker along with compensation and rehabilitation scheme for victims which is the need of the hour. It is further recommended that the distribution and sale of acid should be strictly regulated and the sale of Acid across shop counters should be banned.