Open Access Research Article
THE SUFFOCATION OF ACID ATTACKS: THE TALE OF SCAR
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Article Details
THE
SUFFOCATION OF ACID ATTACKS:
THE TALE OF
SCAR
AUTHORED BY
- TUSHAR ARYAN
Introduction
Women are subject to violence and had
to face violence under different name and acts in a patriarchal society, since
the ancient times. Women are fighting for their existence and to protect their
rights, and the so called civilised society continuously tries to hunt and keep
searching a new weapon to exploit her. And while seeking for the new weapon, a
new easily available and cheap weapon has been discovered which is known to be
as acid. The injury subsequent to pouring of acid on any part of the body is so
fatal that the soul of the victim would shake away. The victim of acid attack
prays for death rather for a new life. There can be a numerous of reasons for
the violence against women but the most influential reason is the patriarchal
mind set of the society. Traditionally from the ancient times, women are
considered to be a weaker section of the society thus they are humiliated
exploited, discriminated in society and in fact in their own houses. A whole
litter of asset which could disfigure someone through acid attack remains
widely available and affordable across all most every grocery shop in India,
even after India’s apex court the Supreme Court has banned over the counter
acid sales in 2013. There can be several reasons for acid attack which may
include refusal for love, marriage, jealousy, and many others. The victim of
acid attack sees themselves as the culprit who is only responsible for their
own destruction the survivor of acid attack faces lifelong societal
discrimination. The social physical economical and psychological lives of the
victims are affected. Due to the deformities they are unable to work and even
they are frightened and restrict themselves from going outside of their houses.
They are abandoned by their own family leading to the victim’s emotional
breakdown.
Talking about the legal frameworks
until 2013, The Indian Penal Code did not recognized acid attacks as a separate
offence. However after the Criminal Law (Amendment Act) 2013, the punishment
for attempted acid attacks and acid attacks were inserted.
Acid
Attacks: Contributing Factors
As there are a number of factors
contributing to the atrocities against women, there are many other factors
which leads to acid violence. The anti-social behaviour, social problems and
other problems particularly violent activities are responsible for such type of
heinous crime. One of the major reason is the patriarchal nature of society
which leads to acid attack. Depression and disrespect are other contributing
factors. If the girl refuses the proposer for marriage or dating it hits the
ego of the conspirator and in order to satisfy his so called ego, out of
aggressiveness attacks them with acid or other such material which results in
disfigurement and collectively ruins the whole life of the victim. Such crimes
are strongly condemned. Even women are not safe at their in law’s houses for
the demand of dowry, they have to face the atrocities of their mother in law or
any other people.
The other reason contributing to acid
attacks is inexpensive nature and readily availability of acids in the market.
Acid is sold at very cheap rate in the market thus it is easily bought hand in
furtherance to it the offender is allowed to commit such a heinous criminal
activity Further, the male dominated nature society gives priority to men only.
They are considered to be superior in the society. In the domain of the family
the father and other men have authority over the children and women
accordingly. When a woman refuses to act in accordance with any order of men,
they create a behaviour of aggressiveness and das the man takes it into
consideration as there insult and tries to take revenge in their own way and
one of such revenge is of acid attack.
The another biggest reason for acid
attack is the rejection of proposal of love and marriage. According to the
India’s 226th Law Commission report the acid attacker cannot bear the fact that
he has been rejected and thus seeks to destroy the whole body of the woman who
dared to stand up against him. When a lover madly expressed his feelings they
come up with an assumption that it should be accepted in any case, but in
return if they receive a denial, they become enraged and thus with a view to
get revenge they pour acid on the victim. Dispute over right to use land and
other properties is also one of the contributing factor for the acid attack
against the victims. A study report specifies that around 40% of the acid
attack against woman happens between the unrelated people due to business
rivalry, sales dispute, land dispute or revenge between the families.
There are several other social causes
which lead to atrocities against the women. Lack of mutual respect and
education, depression, excessive anger jealousy, vengeance all these reasons
compelled a person to commit such crime. Many acid attack victims claims that
there are several rhythms which are contributing to the increasing rates of
acid attack against women. The reasons are failing of insult and revenge men
understand their dominance over women, women are physically weak feeling of
jealous. The feeling of revenge in man has become so dominant that they don’t
think before committing such a heinous crime against women. Man thinks that
women are there property and have the right over her to enjoy in whatever
manner they want. The gender inequality, discrimination, dominant nature of men
creates a nexus which leads to create the status of women as secondary in the
society.
Status of
acid attack victim
A variety of factors i.e. social, economical, political, educational
determines the status of the human in a civilised society. In a society not
everyone is expected to follow the same standard of living. The standard is
based on the position in the social system of the individual. Indeed the survival rate of victims of acid
attack is higher but what about their status in the society. The victims have to
face the setback of the society and as a consequence victim are compelled to
live with a life long scar with catastrophic effects. The categories of the
conservancy be divided into 3 categories namely physical, psychological and
socio economic.
The physical
effect
The concentration of the acid is used
for attack decides the suffering of bodily injury and further the time till
which the body remains exposed to such concentration of the acid. The more
longer the body is exposed to acid, the more damage is likely to be caused to
the victim. The acid are very corrosive in nature and when it comes into
contact with the skin and muscles it can even reach the bones and organs which
leads to partial or complete destruction of the parts of the body such as ear,
nose, neck, mouth, lips, eyes, chicks, chin, forehead and even destruction of
breast, shoulder and hair which collectively particularly impair the whole life
of the victim. It further causes a poisonous reaction in the lungs and other
respiratory organs of the victim or swelling of throat which can even lead to
death due to asphyxiation. Further it leads victim to face chronic health
diseases. The healing of the affected part of the skin by the acid attack leaves
very dark and thick layer of scar which causes the skin to be tighter which
leads to several deformity on face and the victim have to face difficulties in
closing eyelet which is not less than blindness, destruction of ear cartilage
which creates a chance for the loss of hearing in future, inability to move or
extend head or neck. reduced range of motion due to fixation of limbs, fixation
of the chin to chest etc.
Psychological
effect
A tale of psychological effect is
associated with the victims of acid attack. Primarily due to the pain and
horror they undergo during the attack leads to severe psychological trauma. The
realisation of the fact, that their external beauty has permanently been
disfigured and their body has been despaired leave them in disguise.
Loss of the physical and social
identity due to the deformity exposes the victim to several psychological
diseases. Insomnia, depression, nightmare, anxiety attacks, headache,
reluctance to face the society and stress to participate in the social events
are problems reported by number of acid attack victims
Social and
economic effects
The victim of acid attack of fan
become financially and physically dependent on their family even for their day
to day normal activities as the attack completely destroys them psychologically
and physically and thus it also destroys their prospects of life such as
marriage employment. Due to the scars and disfigurement they are subject to
pity, mockery and stares which completely destroys their confidence, life and
any hope for development in future.
Crime and
Penalty
Hon’ble Supreme Court has coherently
held that "acid attacks are bigger crime than murder". The Criminal
Amendment Act was enacted in 2013. To prevent acid attacks, the Supreme Court
had directed the government to regulate the sale of acid. Also, under the
change in the law after the 16th December gang-rape incident, a provision was
made to give strict punishment to the culprits of acid attacks. However, before
2013, there was no separate law on the acid attack in the Indian legal system.
Neither was there sufficient provision to punish the perpetrators of acid
attack or prevent this crime. Therefore the case was done only under Section
326 of IPC (causing grievous hurt). Later some changes were made in section 326
of IPC. After the change, 326A and 326B came into existence.
For acid attacks the punishment for
the offender shall be imprisonment for a minimum of 10 years and a maximum of
life imprisonment. It also provides that the guilty shall be punished with an
appropriate fine and that this amount shall be given to the victim and for
attempt of acid attack, the guilty can be punished with imprisonment of not
less than five years and more than 7 years. The guilty may also have to pay a
fine.
Free primary or medical treatment
shall be provided to the victims in all government and private hospitals under
Section 357C of the IPC, but in the case of these victims, Sections 326A, 376,
376A, 376AB (45 of 1860), 376B of the Indian Penal Code, 376C, 376D, 376DA,
376DB, or 376E. In such an event of a calamity, the police must be informed
immediately. These hospitals, whether run by the central government, the state
government, local governments, or any other individual or organization.
Conclusion
The incidents of acid attacks are
increasing rampantly and the harm caused to the victim is more serious than the
care and justice provided by society and the legal system, respectively.
Therefore, due care should be taken by the family, relatives, medical staff,
police personnel, and other legal authorities, and all possible measures should
be taken to help the acid victims reduce their pain and suffering, which may be
helpful in restoring their normalcy. The stringent laws must be made to
eradicate it completely or to reduce such crimes.
Article Information
THE SUFFOCATION OF ACID ATTACKS: THE TALE OF SCAR
Authors: TUSHAR ARYAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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