“A SOCIO-LEGAL STUDY OF ACID ATTACK IN INDIA” (By-Riya)
“A SOCIO-LEGAL STUDY OF ACID ATTACK IN INDIA”
Authored By-Riya
ACID ATTACK IN INDIA
Abstract
Acid attacks are a particularly heinous type of violence
directed toward women. The severity of acid attack is tremendous, leaving the
person with visual scars and severe emotional difficulties. Acid attacks cause
severe agony, permanent disfigurement, infections, and often blindness in one
or both eyes, in addition to causing psychological distress. Acid attacks on
women are becoming more common with each passing day, mostly among girls aged
11 to 30. Because cheap acid is so readily available, criminals see it as an
excellent weapon against this horrific crime against women. Although illegal
selling and purchasing of acid is a non-bailable offense, it is still easily
available in most grocery and hardware stores in both urban and rural regions.
There has also been evidence of perpetual trauma and social isolation.
According to the findings, the majority of those who had been subjected to acid
attacks had also been subjected to other forms of violence, such as exclusion from
society, difficulty arranging marriages, work issues, and so on. This study
aims to shed light on the causes and consequences of the acid attack on
helpless women, as well as the difficulties or obstacles faced by the victims.
Keywords- acid
attack, illegal sale, psychological distress, violence against women
1.
Introduction
Every society in the world is currently dealing with
various issues relating to women on a societal level; yet, acid throwing has
emerged as a new form of aggression. Acid violence is one of the most terrible
crimes against women, in which acid is thrown on a woman's face or body in
order to disfigure her. The purposeful acts of violence in which attackers
toss, spray, or pour acid on the victim are known as acid violence. It causes instant
injury to the victim, as well as disfigurement, suffering, and long-term
medical issues.Though an acid attack can be perpetrated on either a man or
a woman, the majority of documented acid assaults have been committed on women,
particularly young girls, for spurning suitors, refusing marriage proposals,
denying dowry, and other reasons.
The term "acid attack" refers to an assault on a
person in which a corrosive liquid is used as a weapon to inflict serious
burns. Gender-based violence includes acid attacks. It has its origins in our
patriarchal society, which is based on men's ruthless desire to dominate
women's lives. Acid is available over-the-counter, giving misguided males a
sinister weapon to seek'vengeance.' Jilted lovers have ruined, deformed, and
crippled man women's lives, both psychologically and physically.
The crime of acid attacks on women is becoming increasingly
widespread in India. It is almost always the case that such crimes against
women are either localised or personalised. It is the system's perpetuation of
women's dismal status that is to blame for such atrocities. Women are viewed as
second-class citizens in India, as they are in most countries, and are never
given the option to assert themselves by denying so-called love propositions
and advances.
These assaults are intended to subjugate and control women.
According to a special report by an Indian nongovernmental organisation, 80
percent of victims are women, with 40 percent of these being girls under the
age of eighteen.
1.1.
Literature
Review
"Textbook of Forensic Medicine & Toxicology:
Principles & Practice[1]" Definesvitriolage as the intentional
application of vitriol (concentrated sulphuric acid) to a person's body with
the goal of hurting or disfiguring him out of envy or retribution. The face of
the victim is usually the target, with the intention of disfiguring him or her.
This could result in eye damage and permanent vision loss. If the victim
survives any of the consequences, such as loss of sight or lifelong disfigurement,
the act of vitriolage is said to have caused grievous harm. However, if the
area of participation is large enough, death may result, making the offence
homicide.
"Socio-legal Status of Women in India"[2] is a book that discusses the socio-legal status
of women in India. The book discusses the various reasons why women are treated
as inferior to men, such as physical, economic, and psychological factors. It
claims that men's physical strength and alleged dominance has been a key tool
in restricting women's freedom of action. It examines the views of western
philosophers such as Plato, Aristotle, Rousseau, Hobbes, Locke, and Benthem on
the status of women. According to the book, the nineteenth century marked the
beginning of the era of social reform for women.
SitalKalantry and Jocelyn E. Getgen's report "Combating
Acid Violence in Bangladesh, India, and Cambodia"[3]
explores acid violence in Bangladesh, India, and Cambodia from an international
human rights viewpoint. This report is the first complete, comparative
examination of acid violence, looking at the causes, repercussions, and various
impediments to justice for victims. Acid attacks, like other forms of violence
against women, aren't a result of chance or nature. It pinpoints the root
reasons of acid violence and offers effective ways for dealing with them. Acid
violence is common in these countries due to three factors: gender inequality
and discrimination, easy access to acid, and impunity for those who commit acid
attacks.
Jales Welsh's thesis, "It Was Like Burning in Hell:
A Comparative Exploration of Acid Attack Violence"[4]
examines acid attack violence, a sadistic and cruel kind of violence that
involves the purposeful throwing of corrosive acid against another person with
the intent of disfiguring them. Acid attack violence is a form of intimate
terrorism in which someone intentionally throws sulphuric, nitric, or
hydrochloric acid at another person. The goal of this thesis is to gain a
better knowledge of the motivations and aetiology of this type of violence, as
most existing discourses and interventions are centred on the victims of these
crimes and do not address or analyse the underlying fundamental causes.
1.2.
Objectives
·
To
investigate and analyse the issue of acid attacks on women in India.
·
To
investigate and identify the reasons that are contributing to an increase in
the number of acid attacks against women.
·
The aim of
this paper is to examine the legal framework in relation to acid attacks.
·
To
investigate the legal approach to acid attacks.
·
To propose
recommendations for improving current laws in order to combat the problem of
acid attacks on women.
1.3.
Methodology
The area of this research is acid attacks in India and to
conduct this research both legal as well as socio-legal method is used. This
study comprises both doctrinal and non-doctrinal method. Secondary data has
been used in doctrinal method which comprises textbooks, legal journals,
legislations, reports, judgements, and Law Commission Reports as well as legal
commentaries, newspapers, websites, etc. Non-doctrinal method also used
secondary data which consisted of data collected from National Crime Records
Bureau (NCRB), Ministry of Home Affairs, etc. This paper uses content analysis
for analysing data from year 2014-2020 where it focuses on number of acid
attack cases each year.
2.
Acid Attacks On
Women
"Acid attack" is defined by the United Nations
Entity for Gender Equality and Women as any act or omission caused by corrosive
substance/acid being thrown or administered in any form on the victim with the
intention of causing permanent or partial damage / injury, deformity or
disfigurement to any part of the body or organ, or causing death of such
victim.
2.1.
Reason For Acid
Attack
One of the most serious offences a person can do
is throwing acid. The offender usually has no intention of killing the victim,
but rather of torturing him or her for the rest of his or her life. Because of
a personal relationship problem such as a failed love affair or marriage,
unfaithfulness, or rejection, acid throwing is frequently an act of revenge
driven by jealously or hatred. The perpetrator holds the victim responsible for
the problem and seeks to cause the victim as much physical and mental pain as
possible. Usually, the acid is thrown in the victim's face.
The following are the reasons for such attacks,
as determined by the examination of several cases:
·
Easy
availability of acid: Since
concentrated acid is cheap and readily available, it is employed as a weapon in
a number of countries. A litre of hydrochloric acid costs between Rs. 16 and
Rs. 25 in India. Even after the order of the Supreme Court on the selling of
acid, the scenario has not been improved. Acid is still easily available as it
was before and no prohibition is being made.
·
Rejection
in love/proposal: Another major cause of acid
assaults is rejection of love and marriage offers. Such crimes against women
are sometimes concealed behind rhetoric of love. Men rationalise their
disfigurement of women, which generally stems from her inability to reciprocate
their love. Men are not conditioned to hear the word "no" from a woman.
They have the vanity to believe that if they propose, the woman must accept. It
was good with society as long as women could not muster the strength to say
'No,' women remained vulnerable and exploitable, and society could retain its
status quo. Regardless of education or sophistication, a
·
woman's confidence in rejecting a man's "proposal" remains
the most "humiliating" experience for a man.
·
Suspicion
of infidelity: In number of situations, suspicion
of adultery is the catalyst for an acid attack. In one case in India, for
example, Hazara Singh suffered from a profound illusion over his wife's
infidelity. He used to mistreat his wife out of suspicion, and one night, out of
suspicion, he poured acid on her. The witness discovered Anant Kaur (Hazara
Singh's wife), who had been burned nearly all over her body by acid. Acid was
used to burn the deceased's forehead, face, chest, abdomen, external genitals,
thighs, buttocks, and most other bodily areas.[5]
·
Dowry
demands: In India, the
reluctance of a wife's parents to provide extra money for dowry is frequently
stated as a motive for acid attacks by the husband or his family. In one such
instance,Harinder Singh went to his wife's father's house, where his wife was
staying at the time. He had a one-litre can of acid. He demanded dowry from his
wife, but when she refused, he poured acid on her. She died the next day as a
result of injuries.[6]
·
Lack of
laws controlling the sale and purchase of acids: In India, there are no laws restricting the sale and
purchase of acids. In the case of Laxmi v. UOI, the Supreme Court of India
issued guidelines in July 2013 to limit the sale and purchase of acid. But even
after the guideline, there have not been much improvement and acid are still in
market like it was before.
2.2.
Effects On Victims
Acid victims are subjected to a life sentence
that drives them to avoid society and live in continual fear. Acid dissolves a
person's flesh and even bones, as well as causing excruciating pain to the
victim. Her body is disfigured and scarred, and she sometimes suffers lasting
afflictions such as blindness as a result of the acid attack. It permanently
alters the victim's physical appearance. Victims suffers physical, social,
psychological, and economic effects for the rest of their lives.
i.
Physical
effects on victims
Acids are corrosive chemicals that induce
apparent necrosis (death) of human skin tissue and can corrode metals at high
concentrations. Exposure to powerful acids can result in significant poisoning,
as well as scorching and serious damage. The skin is the primary organ of
contact during an acid attack. Acid can cause skin irritation such as redness
and burns. It could result in shock and death in severe cases. Permanent hair
loss and scarring are two more side effects. It can potentially cause lung
problems if inhaled in big amounts. Acid consumes the skin's two layers, namely
the fat and muscle beneath it, and can sometimes not only devour but also disintegrate
the bone.However, because assaults frequently target the victim's face, the
consequences extend far beyond skin injury. "It's possible that the
eyelids and lips will completely burn off. The nose may shrivel up and close
the nostrils, and the ears may melt." Survivors are typically
rendered blind, deaf, or unable to use their hands fully.
ii.
Psychological
effects on victims
Attack victims experience not only significant
physical pain, but also devastating alterations in their feelings and thoughts.
Both the terror victims experience during the attack, as they feel their skin
burning away, and the deformities or disability that they must live with for
the rest of their lives, induce psychological trauma. Depression, insomnia,
nightmares, fear of another attack and fear of facing the outside world,
headaches, weakness and exhaustion, difficulties concentrating and remembering
things, and other psychological problems affect victims. They are miserable,
humiliated, worried, and lonely all of the time. They live in constant terror
of being attacked once again.
iii.
Economic
effects on victims
Acid attacks leave victims with such severe
disfigurement that they are usually left with severe disabilities. This is
undoubtedly one of the most difficult problems for survivors of
such attacks, since they must adjust to life with these physical limitations,
frequently without the specialised assistance that is required in such
situations. For acid survivors, life might be a "constant struggle to
survive." Many survivors become reliant on others to provide for them
because they are no longer able to study or work. The burden of providing this
support will often fall on family members, and because the majority of acid
survivors are from low-income families, this
might add further stress to already overburdened
families who may not be best placed to give it.Because of their inability to
work or study, the victims lose their jobs and drop out of school or college.
Their medical costs are so expensive that they have become monetarily reliant
on others and live in poverty.
iv.
Social
effects on victims
Victims experience persecution from society for
the rest of their lives, and they become isolated. They feel humiliated by the
possibility of being stared at or laughed at, and they may be hesitant to leave
their houses for fear of a negative reaction from the outside world. Victims
find it difficult to move around freely in society. They have to disguise their
burns and deformed looks by wearing masks. People stare at them as though they
are strangers. They are unable to imagine leading a normal life in society.
They are unable to marry.
In our society, women's beauty is valued above
anything else when it comes to marriage. They are unable to function in society
because they are unable to confront it.
3.
Legal
Perspective On Acid Attack
Acid attacks in India frequently make the front
pages of Indian newspapers. Prior to the passage of The Criminal Law
(Amendment) Act. 2013, there was no distinct statute in India to deal with acid
attacks. The offence was previously prosecuted under Sections 320, 322, 325,
326, and 307 of the Indian Penal Code (I.P.C).
Section 320 deals with grievous hurt: According to this, grievous hurt is considered
only to emasculation, permanent privation of the sight of either eye, permanent
privation of hearing of either ear, privation of any member or joint,
destruction or permanent impairing of the powers of any member or joint,
permanent disfiguration of head or face, fracture or dislocation of a bone or
tooth, any hurt which endangers life or which causes the sufferer to be during
the period of twenty days in severe bodily pain, or unable to follow his
ordinary pursuits.
Section 322 deals with voluntarily causing
grievous hurt: According to
this, whoever voluntarily causes grievous hurt with an intention to cause it or
knows himself to be likely to cause grievous hurt is said to “voluntarily to
cause grievous hurt”.
Section 325 deals with punishment for
voluntarily causing grievous hurt:This section provides punishment for grievous hurt which shall be
imprisonment of either for a term which may extend to seven years and shall
also be liable to fine. This section provides exception on account of section
335 which deals with voluntarily causing grievous hurt on provocation.
Section 326 deals with voluntarily causing
grievous hurt by dangerous weapons or means:According
to this, whoever causes grievous hurt by means of any instrument for shooting,
cutting, or stabbing, or instrumentused for weapon of offence which is likely
to cause death, or by means of fire or heated substance, by means of corrosive substance
or poison, or explosive substance or substance which is dangerous for human
body to inhale, to swallow or to receive into blood, or by means of any animal
shall be punished with imprisonment for life or imprisonment extending to ten
years and also be liable to fine.
Section 307 deals with attempt to murder: According to this, whoever commits any act with intention or
knowledge, and under such circumstances that if he by that act caused death
then he would be guilty of murder. Punishment for such act is imprisonment for
term extending to ten years and shall be liable for fine.
In May, 2006, Laxmi, the victim of a heinous
acid attack, filed a writ petition in the Supreme Court of India, with the Law
Commission of India named as Respondent No. 2. Despite the fact that the Law
Commission informed the Court that the reliefs requested in the petition could
not be granted by the Law Commission, it opted to take up the subject suo moto
due to the gravity of the acid attack offence.
The Law Commission addressed the issue of acid attacks, stating that
because there is no distinct section in the Indian Penal Code dealing with acid
attacks, incidents are not even documented separately. Section 326 of the
Indian Penal Code, which deals with causing grievous hurt by throwing corrosive
substances, etc., is insufficient to address the situation. For starters, the
concept of grievous hurt is too narrow to encompass the numerous types of
injuries produced by acid attacks.Second, the Section excludes the act of administering
acid from its scope.Thirdly, the Section grants the courts broad discretion in
terms of punishment. The examples of acid attacks in India reveal that in most
cases, insufficient punishment is meted out.Fourth, if no injuries are
sustained, the Section of the Indian Penal Code does not penalise the
intentional act of hurling acid. Finally, the section also does not clarify who
should receive
the fine.As a result, the Law Commission suggested the addition of a
new section 326A of the Indian Penal Code.
As a result, the Criminal Law (Amendment) Bill was passed by the Lok
Sabha on March 19, 2013, and the Rajya Sabha on March 21, 2013. The Bill
obtained Presidential assent on April 2, 2013, and went into effect on April 3,
2013.
Section 326A: Whoever causes permanent
or partial damage or deformity to, or burns, maims, disfigures, or disables,
any part or parts of a person's body, or causes grievous hurt by throwing acid
on or administering acid to that person, or by using any other means with the intention
of causing or knowing that he is likely to cause such injury or hurt, shall be
punished with imprisonment of either description for a term not less than ten
years but which may extend to life imprisonment with fine. Provided, however,
that such fine shall be sufficient and reasonable to cover the victim's medical
treatment expenditures, and any fine imposed under this section shall be paid
to victim.
Section 326B:Whoever throws or attempts
to throw acid on any person, or attempts to administers acid to any person, or
uses any other means with the intent of causing permanent or partial damage,
deformity, burns, maiming, disfigurement, disability, or grievous harm to that
person, shall be punished with imprisonment of either description for a term not
less than five years, but which may extend to seven years, and shall also be
liable to fine.
3.1.
Victim Compensation Scheme
Every state is required to create a Victim Compensation Fund under
Section 357A of the Code of Criminal Procedure, 1973. These funds are used to
reimburse crime victims. Compensation is distributed in accordance with the
schemes that each state has implemented. Amounts of compensation have been set
under various schemes to pay victims of crime. The notification and execution
of the Victim Compensation Scheme (VCS) in the States/UTs is overseen by the
Ministry of Home Affairs.A Central Victim Compensation Fund (CVCF) with a
corpus of Rs. 200 crores had been established. This Fund also has a provision
for awarding up to 5 lakhs to victims of acid attacks. Special financial
support of Rs 5 lakh has been offered to acid attack victims under the Central
Victim Compensation Fund.
4.
Indian Judiciary On Acid
Attacks
4.1.
Indian Judiciary On Acid
Attacks Before 2014
Prior to the Criminal Law Amendment Act of 2013, cases were filed
under various sections of the Indian Penal Code (IPC), including those dealing
with hurt, grievous hurt, grievous hurt by corrosive chemicals, and
attempted murder and murder. In addition, felons were easily released on bail.
Victims of acid violence were rarely compensated, and even when they were, it
was insufficient.
Awadhesh Roy v. State of Jharkhand, 2006[7],
In this case, the victim was standing with her
friend at a bus when the accused approached and threw acid over her head and
face. The accused was blackmailing the victim with a photo of her, but she
refused to comply with his demands. The woman was hospitalised after suffering
burns to the left side of her eye, neck, and chest. Under the Indian Penal
Code, a case was filed for the crimes of hurt, grievous hurt, and attempted
murder. The police investigated the case and eventually filed a chargesheet
under the aforementioned sections against the appellant.The learned 2nd
Additional Sessions Judge, Dhanbad, found the appellant guilty of the offence
of hurt and sentenced him to three years of imprisonment. The Hon'ble High
Court upheld the appellant's conviction. But victim received no monetary
recompense at all.
Mahadeva MadevaShisthu v. The State of Karnataka, 2012[8],
In this case, an Anganawadi worker was married
to Kyathaiah for nearly 18 years and had one son and a daughter from the union.
Later, the couple's problems arose, and when she was transferred, she began an
illicit relationship with the accused. Later, the victim realised that
continuing the illicit relationship with the accused might not be appropriate.
As a result, she told the accused to end their relationship and not to come to
her residence. Angry by this, the accused threw acid on her face, chest,
back, and other body parts. She was left with acid burns all over her body as a
result.The accused was found guilty of attempted murder under the Indian Penal
Code and sentenced to 5 years of rigorous imprisonment and a fine of
Rs.50,000/-, with a further year of rigorous imprisonment if he did not pay the
amount. The defendant filed an appeal against the District and Sessions Judge's
verdict of conviction and punishment. The appeal was dismissed.
Balu v. State Represented Inspector of Police[9],in this case, A husband who threw acid on his wife was sentenced to
pay a fine of Rs. 2,000. The couple had children at the time, and they were
living together. Vaithi was a friend of the accused. He used to come to the
accused's residence and have regular conversations with her. The accused
suspected her of having an extramarital affair with him. A distressed cry came
from the deceased's residence on the fatal day, and it was heard by a
neighbour. He went over there right away. At the time, the deceased was taken
in an automobile by a group of people. The accused attempted to flee the scene
of the crime. Later, she told the doctor that her husband had poured acid on
her and that she had suffered burn injuries as a result. On the same day, the
accused arrived with burn injuries to the hospital and was hospitalised by the
same doctor. The case was referred to the Court of Session, where
the accused was charged with murder under the Indian Penal Code, tried,
found guilty of the accusation, and sentenced to life imprisonment with a
fine of Rs. 2,000/. The Madras High Court dismissed the appeal.
4.2.
Indian Judiciary On Acid
Attacks After 2014
In the case of Laxmi v. Union of India[10],
the judiciary attempted to construct a new Jurisprudence in 2014. In May of
2006, Laxmi, the victim of a horrible acid attack, filed a writ suit in the
Supreme Court of India, in which the Law Commission of India was named as
Respondent No.2.
In the case of Naeem Khan v. State[11],
Laxmi, who was 15 at the time, worked as a sales agent at Khan Market's New Janta
Book Depot and had completed class 8. Naeem Khan (Guddu) was a youngster who
worked in her neighbourhood. Guddu was well-known and familiar to Laxmi's
family, having known each other for several years. Laxmi claimed that the
appellant began talking about falling in love with her over the phone and sent
her a few messages about it. The accused also made a marriage proposal to
Laxmi's family, but she declined due to the significant age difference between
them. Following that, the accused began pressuring Laxmi to marry him and keep
telephonic ties with him, which she either avoided or declined. On April 22,
2005, about 10:30 a.m., when she was walking from her residence to Khan Market,
a motorcyclist stopped beside her. The motorcycle's driver wore a black
helmet and had a lean
figure similar to the appellants. Laxmi went on to say that the
pillion rider was a lady in her late twenties who got off the motorcycle and
threw acid on her face, causing her face and chest to burn.
The accused was arrested after the injured Laxmi implicated him. The
two accused, Rakhi and Guddu, were charged with attempted murder and sentenced
to 7and10 years imprisonment, respectively, by the Trial Court. Later, the
accused filed an appeal in the Delhi High Court, which ordered the appellant to
pay a fine of Rs 3 lakhs, which will be forwarded to victim Laxmi as
compensation under the Code of Criminal Procedure's compensation clause.
Following this, Laxmi filed a Public Interest Litigation in the
Supreme Court in 2006, requesting that the sale of acid be regulated. She had
asked for the formation of a new legislation or amendments to existing criminal
statutes such as the Indian Penal Code, Indian Evidence Act, and Code of
Criminal Procedure to deal with the offence, as well as compensation, in her
plea.[12]
Guidelines
By The Hon’ble Supreme Court For The Regulation Of Sale Of Acid
Although there was no explicit law in India to restrict the sale of
acid, the Supreme Court of India directed the federal and state governments to
limit the sale of acid on July 18, 2013, in an attempt to curb attacks on
women. The following guidelines were issued by the Court:
Until such rules are framed and made operational in the States/Union
Territories where rules to regulate the sale of acid and other corrosive
substances are not in place, the Chief Secretaries of the concerned
States/Administrators of the Union Territories shall ensure that the following
directions are followed with immediate effect:
·
The sale of acid over the
counter is banned unless the seller keeps a log/register of the sale of acid,
which will include the name(s) of the person(s) to whom acid(s) is/are sold, as
well as the quantity sold. The address of the person to whom the log/register
is sold must be included in the log/register.
·
All sellers must only sell acid
once the buyer has presented the following: a government-issued photo ID with
the buyer's address.
·
and identifies the cause for
obtaining acid.
·
The supplier must notify all
acid stocks to the concerned Sub-Divisional Magistrate (SDM) within 15 days.
·
No acid shall be sold to anyone
under the age of eighteen.
·
In the event of an undeclared
stock of acid, the concerned SDM has the authority to seize the stock and levy
a punishment of up to Rs. 50,000 on the vendor.
The following guidelines must be followed by educational
institutions, research laboratories, hospitals, government departments, and
departments of Public Sector Undertakings that are required to preserve and
store acid:
·
A record of acid usage must be
kept and lodged with the appropriate SDM.
·
A person is responsible for the
custody and safe storage of acid on their premises.
·
The acid must be stored under
the supervision of this individual, and all students/ employees leaving
laboratories/storage areas where acid is utilised must be checked.
The concerned SDM will be in charge of taking necessary action in
the event of a breach/default/violation of the foregoing directives. Any person
who violates the following provisions may be fined up to 50,000 by the concerned
SDM.
5.
CURRENT SCENARIO ON ACID
ATTACK
Acid attacks are now being recorded as a separate offence under
sections 326A and 326B of the Indian Penal Code, which was amended in February
2013. Prior to this, there were no separate statistics for acid attack violence
because Indian criminal law did not recognise it as a separate offence.
The following are the data collected by National Crime Record Bureau
on acid attack and attempt of acid attack on women through the year 2014-2020.[13]
|
YEAR
|
Acid Attack (Sec. 326 A of IPC)
|
Attempt of acid attack (Sec. 326 B of IPC)
|
|
2014
|
244
|
|
|
2015
|
222
|
46
|
|
2016
|
223
|
60
|
|
2017
|
244
|
65
|
|
2018
|
228
|
59
|
|
2019
|
249
|
67
|
|
2020
|
182
|
60
|
As per the data provided by NCRB, it can be clearly said that despite
all of the advisories, judicial orders, and legislative measures taken to
reduce the threat of acid attacks, the number of instances has not decreased.
Because 60% of acid assaults in India go unreported, these data do
not reflect the true scale of the problem. Many victims are hesitant to
disclose because they are ashamed and stigmatised, and many rural regions lack
the resources to deal with the crime. In India, the annual number of cases is
estimated to be approximately 1000.
While there have been reports of acid attacks on men in India, the
crime is often seen as a type of male violence against women because women are
the victims in more than 80% of cases and men are the perpetrators in 84
percent of cases. The majority of victims are between the ages of 18 and 22,
and over 84.48 percent of crimes are conducted in urban areas.
Even after the Criminal Law (Amendment) Act 2013, and theguideline
provided by the Supreme Court in Laxmi vs Union of India, it can be
clearly seen that the offence of acid attack has not decreased. It is still
happening because the guideline is not been followed. People are still selling
and buying acid openly in the marketwithout any intervention from any
authority. There is no law working to regulate the sale of acid and to stop its
misuse.
6.
Conclusion And Suggestion
Acid attacks are the most heinous type of violence, and they are
almost always gender specific. While acid attacks have been documented in
various places of the world, they have become more prevalent in India. Although
the introduction of law amendments in the acid attack laws is encouraging,
there is still a long way to go until these provisions are effectively
implemented. In light of the nature and intensity of the offence, the present
acid attack provisions and judicial approach to the quantum of damages are
quite limited. Asthis appears to be a premeditated crime requiring a great deal
of malice on the part of the criminal, and as such, it should be punished
harshly.Furthermore, adequate compensation for the victim is an important
requirement for ensuring justice. Because the victim had to undergo multiple
operations and medical procedures, the compensation is critical. The
compensation amount should be sufficient to cover good medical treatment and
prompt resolution from government bodies.
It is critical to precisely quantify actual incidence rates in order
to effectively deter the crime; yet, the numbers are inaccurate because many
acid attacks are never reported, and resources to remedy low reporting rates
are insufficient. The patriarchal society of India and its ineffective legal
system are the key drivers of rising acid attack rates. Despite the fact that
the Supreme Court of India imposed new criteria for controlling the sale of
acids in Laxmi v. UOI, acids remain inexpensive and easily available since the
court's guidelines are routinely abused.
The following are few suggestions to prevent acid attacks and to
provide justice to the victims:
·
To ensure that victims of acid
attacks do not struggle to obtain justice, they should be provided with free
legal assistance.
·
When it comes to acid attacks,
the criminal justice system needs to be stricter. In cases of acid attacks,
harsh punishment should be applied, and any type of leniency should be avoided.
·
In the case of acid attacks,
speedy trials should be conducted. Courts should begin proceedings as soon as
possible and provide decisions as swiftly as possible so that the victim
receives justice.
·
The Court should avoid granting
bail to the perpetrator, otherwise the victim will be at risk of further
violence.
·
Police must be directed to
conduct investigations and resolve cases as quickly as possible, allowing
courts to spend less time deciding matters.
7. References
·
Jane Welsh, it was like burning
in Hell: A comparative exploration of acid attack violence, 2009.
·
Kalantry,
Sital and Getgen Kestenbaum, Jocelyn, Combating Acid Violence in Bangladesh,
India and Cambodia (June 9, 2011). Cornell Legal Studies Research Paper No.
11-24
·
Krishan Vij, Textbook of
Forensic Medicine & Toxicology: Principles & Practice, (Elsevier
Publishers, New Delhi, 2011)
·
Rama Mehta, Socio-Legal Status
of Women in India, (Mittal Publications, Delhi, 1987)
CASE LAWS
·
Awadhesh
Roy v. State of Jharkhand, 2006 Cri.App.0568 of 2006
·
Balu v. State Represented Inspector of
Police (2014) 4 SCC 427
·
Harinder
Singh v. State of Punjab, AIR 2009 SC 913
·
Hazara
Singh v. The State, AIR 1958 P&H 104
·
Laxmi v. Union of India (2014) 4 SCC 427
·
Mahadeva MadevaShisthu v. The State of
Karnataka, 2012 Cri.App. 2273 of 2005
·
Naeem Khan v. State Cri. App. 980 of
2009 (Delhi HC.).
[1]Krishan Vij, Textbook of Forensic
Medicine & Toxicology: Principles & Practice, (Elsevier Publishers, New
Delhi, 2011)
[2]Rama Mehta, Socio-Legal Status of
Women in India, (Mittal Publications, Delhi, 1987)
[3]Kalantry, Sital and Getgen Kestenbaum, Jocelyn, Combating
Acid Violence in Bangladesh, India and Cambodia (June 9, 2011). Cornell Legal
Studies Research Paper No. 11-24
[4] Jane Welsh, it was like burning in Hell: A
comparative exploration of acid attack violence, 2009.
[5]Hazara
Singh v. The State, AIR 1958 P&H 104
[6]
Harinder Singh v. State of Punjab, AIR 2009 SC 913.
[7]
Cri.App.0568 of 2006
[8]
Cri.App. 2273 of 2005
[9]
Cri. App. 1078 of 2004
[10]
(2014) 4 SCC 427
[11]
Cri. App. 980 of 2009 (Delhi HC.).
[12]
Laxmi v. Union of India, (2014) 4 SCC 427.
[13]NCRB
Data