Acid Attacks : How Indian Laws Have Evolved To Deal With This Crime?

Acid attack is a brutal act of throwing acid (vitriol) or equally abrasive substance, which is a violent form of assault on a person with an intention to torture or disfigure or even to kill. Usually the offender throws acid at the victim's face inorder to disfigure the face by burning them and damaging the skin tissues. This inhuman and monstrous act will result in the permanent injury of the face and sometimes total blindness as well as traumatize the victim mentally as well as physically. The Supreme Court in Omanakuttan v. The State of Kerala noted, " It needs hardly any emphasis that the act of causing grievous hurt by use of acid, by its very nature, is a gruesome and horrendous one, which, apart from causing severe bodily pain, leaves the scars and untold permanent miseries for the victim." Earlier, in Laxmi v. Union of India & Ors., a PIL filed by Laxmi Agarwal, acid-attack survivor(on whose life the recent movie "Chhappak" is based), where she pleaded to frame the regulations relating to sale and purchase of acid inorder to curb attacks in India, to make new law or amend the existing laws like IPC, Indian Evidence Act, CrPC to include acid attack as a separate crime and to rehabilitate and compensate the acid attack victims , the apex court directed for: Enactment of appropriate provision for effective regulation of sale of acid in the States/Union Territories.Measure for the proper treatment after care and rehabilitation of the victims of acid attack and needs of acid attack victimsCompensation payable to acid victims by the State or creation of some separate fund for payment of compensation to the acid attack. The court also convinced the Centre and States/Union Territories to make the offences under the Poison Act,1919 cognizable and non-bailable. The apex court also issued issued directions such as: "(i) Over the counter, sale of acid is completely prohibited unless the seller maintains a log/register recording the sale of acid which will contain the details of the person(s) to whom acid(s) is/are sold and the quantity sold. The log/register shall contain the address of the person to whom it is sold. (ii) All sellers shall sell acid only after the buyer has shown: (a) a photo ID issued by the Government which also has the address of the person. (b) specifies the reason/purpose for procuring acid. (iii) All stocks of acid must be declared by the seller with the concerned Sub-Divisional Magistrate (SDM) within 15 days. (iv) No acid shall be sold to any person who is below 18 years of age. (v) In case of undeclared stock of acid, it will be open to the concerned SDM to confiscate the stock and suitably impose fine on such seller up to ` 50,000/- (vi) The concerned SDM may impose fine up to ` 50,000/- on any person who commits breach of any of the above directions. The educational institutions, research laboratories, hospitals, Government Departments and the departments of Public Sector Undertakings, who are required to keep and store acid, shall follow the following guidelines: (I) A register of usage of acid shall be maintained and the same shall be filed with the concerned SDM. (II) A person shall be made accountable for possession and safe keeping of acid in their premises. (III) The acid shall be stored under the supervision of this person and there shall be compulsory checking of the students/personnel leaving the laboratories/place of storage where acid is used". The apex court also ordered the Secretary in the Ministry of Home Affairs and Secretary in the Ministry of Health and Family Welfare to take up the matter with the State Governments/Union Territories to ensure than an appropriate notification on the banning of sale of acid across the country to be issued. Further, the court directed to pay a compensation of at least 3 lakhs by the concerned State Government /Union Territory after care and rehabilitation cost and out of this amount, a sum of 1 lakh to be paid to the acid attack victim within 15 days of occurrence of such incidents and the balance 2 lakhs expeditiously and positively within two months thereafter. The court further directed the State Governments/Union Territories to take up the matter seriously to the effect that private hospitals should not refuse treatment of victims of acid attack and that full treatment should be provided to such victims including medicines, food, bedding and reconstructive surgeries. Legal Provisions enacted under IPC and CrPC and Compensation Since the acid attack was a new and developing category of crime, Government seized the subject and brought in amendment through the Criminal Law (Amendment) Act 2013. The provisions inserted in the Indian Penal Code were: '326A. Voluntarily causing grievous hurt by use of acid, etc.—Whoever causes permanent or partial...

Acid Attacks : How Indian Laws Have Evolved To Deal With This Crime?

Arabhi Anandan

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