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STUDY ON THE RIGHTS OF VICTIMS OF ACID ATTACKS BY – TEKCHAND
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STUDY ON THE RIGHTS OF VICTIMS OF
ACID ATTACKS
AUTHORED
BY – TEKCHAND
ABSTRACT:
Attacks
with acid are crimes against women. It could be regarded as one of the harmful
types of crime committed against women. The women suffer lifetime, irreparable
damages as a result, for which there is no remedy. Violence against women has
multiplied, and its ramifications have also grown. This Article aims at the study of issues faced by the
victims, reason for attack, what the laws says, major development that has
taken place for the laws. Scenario of acid attack in India and their
consequences, Laws to protect the Victims and laws to bring the culprit to
Justice.
Keywords: Domestic Violence Act, 2005; Violence against Women Act,
1994; Social Learning Theory, Gender-neutral, loopholes.
1. INTRODUCTION:
An acid attack is an extreme example
of violence. When someone throws anything poisonous at someone with the intent
to harm, torture, or prevent them from doing something, or in very rare
circumstances, even to kill them. Even if men are also infrequently victims of
this heinous crime, the victims of it are typically women or girls. In a
culture where the physical attractiveness of women and girls is highly valued,
the attack leaves the victim with enduring physical and psychological scars. An
estimated 1,500 women are victims of acid attacks each year. This even after
the government claims to have tightened its scrutiny over acids that are freely
and inexpensively sold over-the counter in towns, districts and villages. In
India, this crime goes unreported most of the times for fear of revenge
violence.
Some of the most common reasons why
women and girls are attacked are
1. Their refusal to marriage proposal
2. Sexual rejection
3. Family feuds where the women are attacked
exclusively to wreck revenge
4. Molestations
5. Abductions
6. Personal dispute over intimate
connections
7. Sexual jealousy, and
8. Lust. Acid attack is often seen as
an expression to control the victim’s body and to punish them for asserting their
bodily rights.
The acid is mostly aimed at the faces
usually burning and destroying eyes and eyelids and leaving them in a
psychological mess. In a society where looks are considered as be-all and
end-all for getting married or to be gainfully employed, an acid attack
victim’s fate is permanently sealed. It not only destroys her looks but is
looked upon as an object of shame often pushing the survivor and her family to
the brink.
2. WHAT ARE THE PROBLEMS FACED BY ACID
VICTIMS
Physical problems:
i.
Acids
eat through skin fat and muscles underneath it. It can even eat through the
bone disintegrating it completely. The severity of the harm is dependent on the
potency of the acid and the length of time it stayed in contact with the skin.
ii.
ii.
It swiftly eats into the eyes, ears, nose, and the mouth. Eyelids and lips can
be damaged beyond repair too. It can also dissolve the nostrils and permanently
close it. The ears shrivel up.
iii.
It completely destroys eyes making them
instantly lose vision.
iv.
The skull, forehead, cheeks, and chin can
disintegrate in seconds.
v.
It can burn everything that comes into
contact with it when it drips on the victim’s neck, chest, back, arms, and
legs.
vi.
Breathing failure is the biggest threat
because acid vapour can trigger toxic reaction in the respiratory system and
the swelling son the neck can obstruct the airway asphyxiating and killing
them.
Psychological problems:
i.
When
the burns are healing, the skin becomes taut and dry resulting in severe to
very severe degree of pain and agony.
ii.
ii.
Even after complete healing, there can be broad and prominent scars on the
face. Eyelids can be completely destroyed leaving eyes always open. Lips may be
completely burnt leaving them unable to talk for the rest of life. Chin can
become welded to the chest.
iii.
iii.
Survivors go through severe depression because of their looks. They report
lowered self-esteem and acute self-consciousness in social gathering. iv. Loneliness
is often reported because they are often ostracized from social gathering and
discriminated based on their looks.
Financial problems:
i.
The
gruesome attack leaves the victims almost completely dependent on the family
for simplest of daily chores Educational institutions do not support survivors
and that is why most of the survivors do not return to equip themselves with
education.
ii.
They are mostly unable to obtain employment
because of their looks and physical limitations.
iii.
Abandonment by family may mean they have no
one to fend for them and end up in dire straits like begging.
iv.
The immediate mental attention and care
requires money in lakhs which is often not available with them.
v.
The state’s machinery is lax and it takes
years for them to get their rightful compensation leading to frustration and
loss of faith in the Judiciary
Social problems:
i.
Survivors
of acid attack are shunned by society damaging their chances for remarrying.
ii.
They
go through anxiety because of possible humiliation they will face and that is
why they limit themselves to being inside their houses.
iii.
Unmarried victims are unlikely to ever marry
because the society is still not woke enough to be able to find them fit for
marriage.
3. PROVISION IN THE INDIAN PENAL CODE
RELATING TO LAW FOR COMPENSATION OF VICTIMS:
1. SECTION 320 -
GRIEVOUS HURT - The following
kinds of hurt only are designated as "grievous":-
i Firstly- Emasculation
ii. Secondly - Permanent privation of the
sight of either eye.
iii. Thirdly - Permanent privation of the
hearing of either ear,
iv. Fourthly
- Privation of any member or joint.
iv.
Fifthly
- Destruction or permanent impairing of the powers of any member or joint.
v.
Sixthly
- Permanent disfiguration of head or face.
vii. Seventhly - Fracture or dislocation of a bone
or tooth viii. Eighthly - Any hurt which endangers life or which causes the
sufferer to be during the space of twenty days in severe bodily pain, or unable
to follow his ordinary pursuits.
2. SECTION 322 -
VOLUNTARILY CAUSING GRIEVOUS HURT - Whoever voluntarily causes hurt, if the
hurt which the intends to cause or knows himself to be likely to cause is
grievous hurt, and if the hurt which he causes is grievous hurt, is said to
“voluntarily to cause grievous hurt. Explanation. - A person is not said
voluntarily to cause grievous hurt except when he both causes grievous hurt and
intends or knows himself to be likely to cause grievous hurt. But he is said
voluntarily to cause grievous hurt, if intending or knowing he to be likely to
cause grievous hurt of one kind; he actually causes grievous hurt of another
kind.[1]
3. SECTION 325 - PUNISHMENT FOR VOLUNTARILY
CAUSING GRIEVOUS HURT - Whoever, except in the case provided for by section
335(Voluntarily causing grievous hurt on provocation), voluntarily causes
grievous hurt, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
4. SECTION 307 -
ATTEMPT TO MURDER - Whoever does any act with such intention or knowledge,
and under such circumstances that, if he by that act caused death, he would be
guilty of murder, shall be punished with imprisonment of either for a term
which may extend to ten years, and shall also be liable to fine; and if hurt is
caused to any person by such act, the offender shall be liable either to
imprisonment for life, or to such punishment as is hereinbefore mentioned.
Attempts by life convicts - When any person offending under this section is
under sentence of imprisonment for life, he may, if hurt is caused, be punished
with death .In April 2013, the Indian Penal Code was amended with the passing
of ‘The Criminal Law (Amendment) Act, 2013. This resulted in the insertion of
Sections 326A and 326B that specifically deal with acid violence. [2]
5. SECTION 326 A
states – Whoever causes permanent or partial damage or deformity to, or burns
or maims or disfigures or disables, any part or parts of the body of a person
or causes grievous hurt by throwing acid on or by administering acid to that
person, or by using any other means with the intention of causing or with the
knowledge that he is likely to cause such injury or hurt, shall be punished
with imprisonment of either description for a term which shall not be less than
ten years but which may extend to imprisonment for life, and with fine
.Provided that such fine shall be just and reasonable to meet the medical
expenses of the treatment of the victim .Provided further that any fine imposed
under this section shall be paid to the victim.
6. SECTION 326 B states – Whoever
throws or attempts to throw acid on any person or attempts to administer acid
to any person, or attempts to use any other means, with the intention of
causing permanent or partial damage or deformity or burns or maiming or
disfigurement or disability or grievous hurt to that person, shall be punished
with imprisonment of either description for a term which shall not be less than
five years but which may extend to seven years, and shall also be liable to
fine.
7. SECTION 357 B
that has been newly inserted in CRPC reads as follows "The compensation
payable by the State Government under section 357A shall be in addition to the
payment of fine to the victim under section 326A or section 376D of the Indian
Penal Code. Anvesak 0378-4568 Sardar Patel Institute of Economic & Social
Research 122 Vol 22 issue 2
8. SECTION 357 C
also newly inserted states all hospitals, public or private are required to
provide first aid or medical treatment free of cost. The section reads as: “All
hospitals, public or private, whether run by the Central Government, the State
Government, local bodies or any other person, shall immediately, provide the
first-aid or medical treatment, free of cost, to the victims of any offence
covered under section 326A,376, 376A, 376B, 376C, 376D or section 376E of the
Indian Penal Code and shall immediately inform the police of such incident.
Apart from all the above legislations, The Supreme Court of India has given
state authorities a period of three months to implement the new rules to
control over-the-counter sales of acids, which have been used to disfigure,
maim and even kill people, particularly women, for decades.[3]
4. ACID ATTACK: VIOLATION OF
CONSTITUTIONAL RIGHTS:
a. Right To Life And Right To Live With
Human Dignity: Acid
attack results into several physical injuries to sufferers. Acid attack affects
the victims' physical appearance. For example, if acid is thrown on face of a
woman, it speedily affects eyes, ears, nose, eyelids, mouth and lips etc. The
whole face of the victims loses its individuality and they look awful. They
lost all charm of their life. It amounts violation of right to life and right
to live with human dignity guaranteed under Article 21 of the Constitution of
India. The Supreme Court particularly in the case of Francis Coralie Mullin
vs. Administration of Union Territory of Delhi[4] has also declared right to live with
human dignity as part of right to life under Article 21 of the Indian
Constitution. Therefore the acid is thrown on the body of the young girls or
women which means they have been deprived from their right to lead a dignified,
honorable and peaceful life with dignity.
b. Right To Get Efficient Legal Remedy:Because it is expensive, it is
challenging for low-income victims to access the judicial system of the nation.
The door to the courts is closed to acid attack victims because they receive no
financial aid. Fortunately, if some of the victims can get to court, the
slow-moving wheels of justice will stand in their way of receiving justice. The
Supreme Court has frequently ruled that everyone has a fundamental human right
to swift justice. Unfortunately, the victims or their families have been denied
the opportunity to exercise their right to a legal remedy as provided by the
Indian Constitution, the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and UDHR.
c. Right to Personal Liberty and Freedom
of Movement: After
an acid assault, the victims experience a burning sensation on their skin.
Because they have lost their personality or originality, the victims are afraid
to go out and feel bashful. They are unable to enjoy their personal
independence and freedom in such a setting. Perhaps the biggest effect of acid
abuse on women is that they are compelled to live in terror. It impacts the
mobility and empowerment of women. The Constitution of India secures all its citizens individual
liberty through Article 21. Furthermore, Article 19 (1) (d) of Constitution of
India talks about freedom of movement for every citizen of India within its
territory. Obstruction of movement due to acid attack and fear of another acid
attack, both are inhuman activities and amounts to violation of constitutional
rights.
d. Rights against Exploitation and right
to shelter: The
victims of acid attacks often feel abandoned by their husbands and family
members, and this neglect may be attributed to the victim's horrifically
damaged and broken body as a result of the acid attack. The victims of acid
attacks who have physical defects and lack of family support are exploited.
When an acid attack victim experiences disapproval from her husbands or family
members and is forced to leave her home, she has been denied her right to
refuge. Both the right to protection against exploitation and the right to
shelter have been proclaimed human rights in a number of international human
rights treaties that India has ratified.
e. Right to Education and get
Uninterrupted Education: The right to education is recognized as a human right in many
international treaties, including the International Covenant on Economic,
Social and Cultural Rights. The right to education is also a fundamental right
of children to free and compulsory education.[5]The state provides early childhood
care and education for all children up to age [6]. Most of the victims of acid attacks
are girls, challenging constitutional pledges to ensure that all have access to
education. The right to an education[7]and the right to an uninterrupted
education[8]are included in the Fundamental
Rights section, so they are enforceable in court and fully enjoyed by all. I
can do it. The transfer of a schoolchild who is a victim of an acid attack
means that he has been deprived of those rights.
f.
Right To Access To Medical Services:
The acid
attack survivor had to deal with several medical complications. Foremost among
these is the inability of families to afford the extensive surgery needed to
reconstruct the victim's injured face. In the event of an acid attack,
manipulations are carried out in various stages to bring the person closer to
his previous appearance. The surgery costs the victim at least 200,000 to
several hundred thousand, which is not affordable for everyone. Many of the victims
are left like living corpses after the acid attack. Undoubtedly, the state has
provided free and adequate medical facilities for all, but easy access to
medical facilities and services is not within safe physical confines of
victims.[9]The Constitution of India obligates
states to provide adequate medical facilities for all[10]. The Supreme Court of India has also
declared the right to medical care to be a basic human right of citizens,[11]but unfortunately the lack of
financial support and exclusive medical treatment make it difficult for victims
to access medical care. are denied legal rights.
g. Economic Empowerment and Right to
Life: Acid attack
victims faced severe financial hardship after the attack. Acid attacks affect
their employment opportunities. A wounded personality makes their job
difficult. For example, in the case of victims who were severely disabled as a
result of an acid attack, employers may be willing to re-employ people with
such physical deformities. Article 14, 21, 38, 39 along with Preamble to the
Constitution, the Supreme Court has ruled that right to economic empowerment of
the weaker section of the society constitute fundamental right.[12]The Court further declared that right
to economic empowerment to the dalits, tribes and the poor is a part of
distributive justice.[13]
5. IMPORTANT GUIDELINES LAID DOWN IN
LAXMI VS. UNION OF INDIA:
The Supreme Court has laid down some
important guidelines such as
i. Prohibition of
counter sales of acid until the seller maintains a register containing name of
the buyers.
ii. Prohibition of sale of acid to anyone that is not 18
years of age. The age of the buyer has to be ascertained with proper ID card at
the time of purchasing.
iii. The entire stock of acid has to be
declared by the seller with the Sub-Divisional Magistrate within 15 days. The
failure will lead to confiscation by the Sub-Divisional Magistrate and a fine
of Rs. 50,000.
iv. A minimum compensation of 3 lakhs must be given by
the State/Central Government as cost for after-care and rehabilitation. Rs. 1
lakh has to be paid to victim within 15 days of occurrence of such unfortunate
incident in order to facilitate immediate medical care and attention. The remaining
2 lakhs must be given within two months.[14]
6. INFAMOUS CASES:
1.
LAXMI’S CASE :
Laxmi was a 26 year old woman from Delhi. Two men poured acid onher while she
was waiting for a bus near the Tughlaq road in 2005. She had refused to marry
one of the attackers aggrieved by which he left her disfigured for life. Her
face was severely burnt and she had to undergo seven surgeries one after
another. She needs four more comprehensive surgeries to make her physical
appearance resemble of what she was. Laxmi never lost courage but advocated
against acid violence by gathering 27,000 signatures for a petition in Supreme
Court of India to curb free sale of acids. Her PIL led to framing of new
legislation, amendment to existing criminal laws like IPC, Indian Evidence Act
and CrPC for dealing with the offence along with asking for compensation.[15]
2.
HASEENA HUSSAIN:
Joseph Rodriguez, ex- boss of victim threw 1.5 liters of Sulphuric acid on
Haseena when she decided to quit the job. The acid melted her face, fused her
shoulder and neck, burnt a hole in her head, merged her fingers and blinded her
for life. The accused was convicted under section 307 of IPC and was sentenced
to life. Compensation of Rs. 2, 00,000/- in addition to the Trial Court fine of
Rs. 3, 00,000 was paid to the victim. This is a landmark case as it was the
first time that a large sum was awarded to the victim to meet her medical
expenses. [16]
3.
SONALI MUKHERJEE “ Sonali Mukherjeefrom Khanabad was attacked at the tender age of 18 by
Tapas Mitra, Sanjay Paswan and Brahmadev Hajra who threw acid on her when she
was asleep on roof of her house. She received various burnt injuries and her
face got disfigured.The perpetrators were sentenced to imprisonment of nine
years but were released on bail by the High Court[17].
4.
PREETI RATHI “
Preeti who had got a job as a Lieutenant in Indian Navy had come to Mumbai to
join in the INHS Asvini which is the naval hospital in Colaba. On her way to
work on 2nd May in 2013, a man flung acid on her face which damaged her eye and
infected her kidneys. The acid entered her food pipe, windpipe and trachea
causing her unbearable pain. She succumbed to injuries and lost her life. The perpetrator
was booked under IPC section 302(murder), 326 A (voluntarilycausing grievous
hurt by use of acid), and 326-B(voluntarily throwing or attempting to throw
acid)[18]
7. CONCLUSION
Imagine a world without
women! I can imagine the population even for a moment Is the world growing?
They form an important part of society. So how and why do they Are you maimed,
wounded, and killed by atrocities directed against yourself and your soul? New
fact that whenever women choose to speak out against their own inferiority,
they compromise For her position in this patriarchal society, she is shunned
for her physical abuse and mental trauma. Acid Attacks are a problem all over
the world. Acid attacks are heinous
crimes that have lasting effects on the lives of their victims. Victims have
suffered more than we can imagine, have their lives ruined, are traumatized,
and undergo constant torture.There is no doubt that India has laws on acid
attacks, but somewhere the legislative structure fails to bring justice to the
victims and until the laws are properly implemented there will never be
justice. Therefore, we need a separate court to handle acid attack cases to
bring justice to acid attack survivors. Then justice will come swiftly. Because
acids are readily available on the market, the sale of acids should be
regulated. Compensation for victims should be increased.
[1] Indian Penal Code - B. M. Gandhi
[2] Indian Penal Code - B. M. Gandhi
[3] Indian Penal Code - S. N. Mishra
[4] AIR 1981 SC 746.
[5] Article 21A of the Constitution of
India
[6] Article 45 of the Constitution of
India
[7] Unni Krishnan v. State of Andhra
Pradesh, AIR 1993 SC 2178.
[8] sathyavan Kotarakkara v. State AIR
1993, Ker.133
[9] ibid
[10] Article 47 of the Constitution of
India
[11] Pt Parmanand Katara v. U.O.I., AIR
1989 SC 2039.
[12] Murlidhar Dayandeo v. Vishwanath
Pandu Borde (1995) 2 SCC 549.
[13] Ibid
[14] Laxmi vs Union Of India & Ors on 10 April, 2015
[15] . Sangeeta Barooah Pisharoty,
"Tea with Laxmi". The Hindu
[16] State of Karnataka by Jalahalli
Police Station v. Joseph Rodrigues s/o V.Z. Rodrigues (Decided in the Hon’ble
High Court of Kerala on 22/8/2006
[17]
https://www.india.com/news/india/acid-attack-victim-sonali-mukherjee-proposes-to-true-love-marries-him-12-years-after-the-attack-358303/
[18]
https://www.mid-day.com/news/india-news/article/Preeti-Rathi-shocking-acid-attack-cases-crime-against-women-in-India-17593181
Article Information
STUDY ON THE RIGHTS OF VICTIMS OF ACID ATTACKS BY – TEKCHAND
Authors: TEKCHAND
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/29
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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