LAW RELATING TO ACID ATTACKS IN INDIA

THIS ARTICLE WAS WRITTEN BY  ANJALI MEHROTRA, A STUDENT OF RGNUL.

Introduction

An acid attack is a heinous and despicable manifestation of gender-based violence with shocking as well as traumatic consequences which mostly last a lifetime. Acid attacks, like other variations of gender-based violence, are events that grow out of the painfully ingrained privileged patriarchal control over women by the society. Crimes like acid attacks not only are a violation of human rights of women relating to right of life with human dignity- a life free from violence and discrimination but also have an everlasting psychological impact on the survivor. The act of throwing acid on a woman face or body is embedded in prejudice and discrimination on the grounds of sex. It threatens to breach a woman’s freedom while infringing upon her right to life and personal liberty and also violating her fundamental right to be equal citizens of the society as per Articles 14,19 and 21 of the Indian Constitution.  According to CEDAW (The Convention on Elimination of All Forms of Discrimination Against Women), ratified by India in 1993, holds any form of gender based violence to be a direct expression of discrimination against women and any act(s) or threats of such or acts which inflict physical, mental or sexual harm or suffering, coercion and other deprivations of liberty to be a conspicuous form of discrimination against women.

In India, the victim are generally women between ages 14-35 years.  India also has the highest number acid attacks in the world, with most cases being reported by Uttar Pradesh. However, India is also accorded with the worst conviction rates. A large number of cases are not reported especially if the attacker is a family member or an influential person with political connections who is able to pressurize the survivor’s family into submission.

Statutory Provisions for Acid Attack related Violence

In 2006, Laxmi- an acid attack survivor, filed a Public Interest Litigation in the Supreme Court of India for a comprehensive pursuit of the State’s role and obligations towards acid attack victims and survivors. The petition’s prayer primarily asked to amend the Indian Penal Code to effectively deal with acid attacks as a special offence and to frame inclusive guidelines with respect to the needs of the victims as well as adopt measures for the effective treatment, rehabilitation and aftercare of the victim. Furthermore, the petitioned asked the State to ensure that acid in all forms be categorized as a scheduled banned chemical product- which should not be available across the counter. [1]

This spearheading PIL led to the laying down of the foundation for changes in the law that were brought forth by the various orders regulating the sale of acid and setting up of a minimum compensation for the survivors. The PIL also constituted the basis of a comprehensive reports by the Law Commission of India as well as led to the National Commission for Women recommending changes in the already existing laws. In 2013, a three-member committee, headed by J. JS Verma, put forward several recommendations in form of a report that suggested reforms in the criminal law pertaining to gender related violence against women.

The Criminal Law (Amendment) Act, 2013 was enacted by the Parliament of India after taking into considerations all the reports, recommendations and advocacy by various organisations and the strong social movement. The amendment ensued a series of changes in the Indian Penal Code and the Code of Criminal Procedure.

• Criminalisation of Acid Attacks: The Indian Penal Code was amended in 2013 to include Sections 326A and 326B that recognized, defined and penalized acid attacks and attempts to attack with acid.
• Penalty for Denial of Obligations: Sections 166A and 166B were added to the Indian Penal Code to mark out that any public servant who refuses to record any information related to Section 326A and 326B, or in contravention to the rules laid down under Section 357A that govern payment of fines to victims of crimes, shall be punishable by law.
• Process of Recording Information: Section 154 was included in the Criminal Procedure Code to ensure that any instance when any information pertaining to acid violence is given by a female victim shall be recorded by a female police officer.
• Compensation: Section 357A was added to Code of Criminal Procedure in 2008 to guarantee compensation for acid attack victims (as well as victims of other crimes) under the Victim Compensation Scheme. In regards to this, the Supreme Court in the matter of Laxmi v. Union of India, stated that acid attack victims shall be paid compensation of at least Rs. 3 lakhs by the state government or union territory including the after care and rehabilitation cost.[2] All compensation schemes relating to acid attack survivors and victims have to be in compliance to this order.
• Provision of Compulsory Medical Treatment: In 2013, Section 357C was adjoined to the Code of Criminal Procedure that directed all hospitals, public or private, whether run by the Central Government or the State Government or local bodies or any other persons, to immediately provide first aid or the required medical aid, absolutely free of cost to the victims of acid attack.
• Regulation of Sale of Acid: The Supreme Court in the matter of Laxmi v. The Union of India issued interim guidelines for the modulation and supervision of the sale of acid with regards to sale and purchase of acid and its stock keeping. The Supreme Court also added some essential rules as part of these guidelines relating to the documentation to be produced at the time of purchase of acid, prohibition of sale to acid to any person below the age of 18 years of age, maintenance of stock registers as well as declaration of stocks, monitoring by SDM and imposition of fines. The guidelines were to remain in place until each state framed its own rules in accordance with the “The Poisons Possession and Sale Rules, 2013”, issued by the Union of India on 17.07.2013.

These rules were framed under the Poisons Act of 1919 incorporated, ‘inter alia, the form of acids (liquids or crystalline and its concentration) that can be stored and sold, issue of licenses, procurement by individuals, educational and research institutions, hospitals, industries, Government Departments and departments of Public Sector Undertakings’.[3] Different state governments have made provisions for the regulation of sale of acid in their respective jurisdictions.

[1]Laxmi v. Union of India, 2014 SCC 4 427

[2]Ibid at pt. 1

[3]Ibid at pt. 1