National Law School Journal

Volume 13 Issue 1 Article 1

7-1-2015

Analysis of the Judicial and Legislative Approach on Acid Attack

Survivors in India
Ajita Tandon

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Tandon, Ajita (2015) "Analysis of the Judicial and Legislative Approach on Acid Attack Survivors in India,"
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ANALYSIS OF THE JUDICIAL AND LEGISlATIVE APPROACH
ON ACID ArrAcK SURVIVORS IN INDIA

-Ajita Tandon

Abstract
The prtunt research paper aims to shed light on the immenuLy traumatic experimCl
ulan acid attack victim - nght.fom the difficulty in guting medical aid, to obtaining
tUkquate compensation, to gettingjustice. In spite a/the foct that these victims are
victims oione ofthe most gruesome forms ofassault, the Govanment and Judiciary
have remained largely apathetic to their plight. However, in recent times, there has
bun a marked change in both the kgislative andjudicial approach. The pap" suks
to focus on this shift. highlighting both the negative and positive aspects involved In
Laxmi v. Union ofIndia (2014). the Supreme Court ofIndia. taking notice ofthe
plight ofacid attack victims, as well as the easy availability ofacid in the markets.
laid down the guidLlines for the regulation ofacid sak. For the first time, the Court
also raised the issue ofcompensation for victims, and a minimum amount was Sft
by the Supreme Court to be given to the victims by the State. The presmt paper also
analyses the concribution ofthe 226th Law Commission report (2008) and ,he J
s. ~rma Committee Report (2013) in amendments to the Criminal Law in India
in awarding a strict punishment to the perpetrators ofthis cn'me.

A major roadblock that still persists in providing relief to the victims, is the
lackadaisical approach of the Government, both Central and State, in providing
sufficient monetary and non-monetary relief to victims, The paper critiques the
prroaknt compensation schmu on a state-by-state basis, emphasizing on the need
for an approach which goes beyond the monetary needs ofthe victims and envisages
the overall rehabilitation ofthe victims,

Lastly, the paper seeks to draw inspiration from the measures adopted by the
Government of Bangladesh in preventing and combating this ghastly crime and
seeks to offir certain suggestions and measures focusing on effictive prevention ofthe
crime and better rehabilitation ofthe victims,

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Vol. 13 National Law School Journal 2015-16

INTRODUCTION

In recent times, :Acid attacks' in India have garnered widesp read media coverage,
shedding light on this gruesome and horrific act of causi g grievous hurt to a
person, often with the sole intention of causing disfigurement to the physical
appearance of a person, and most often to the face. In spite of the recent increase
in such cases, acid throwing has been used as a vicious form of assault for a
long time. With a few exceptions, this form of violence is usually infiicted upon
women, mostly young women, ftom unrequited lovers nable to handle the
rejection or, even, by family members to retaliate in family feuds . The intent
behind such attacks is a rather twisted one; it is nOt to kill the victim , but
rather force them to live a life of pain, shame and in hiding. This intent has
nor been taken into account by the courts during sentencing of perpetrators
of this crime. A brief overview of acid attack cases show a common cause of
occurrence: the perpetrators, after being rejected or rebuked by the victims,
decide to 'teach the victim a lesson' by ruining their beaury, wh ich is often
considered the source of a woman's self-esteem. Acid attacks, much like other
gender based crimes in India, have an underlying patriarchal tone to it, which
refuses to accept a woman's right over herself

The Acid used here is mostly sulphuric acid or hydrochloric acid, which when
in contact with human skin causes immense pain and completely burns the skin
right up to the third layer, damaging the blood vessels, nerves and the tissues
(also known as third degree burns) and causes permanellt disfigurement by
melting facial features, which often results in shutting of ostrils or, in worse
cases, causing permanent or partial blindness. In order to treat such burns,
multiple plastic surgeries are required which is very expensive (costing lakhs
per surgery). One of them is the graft surgery in which ski from a non-burnt
area is cut and attached to the burnt-area. In spite of the lengthy and expensive
nature of surgeries, the damages caused by acid attacks are irreversible, and
the physical appearance of the victim looks nothing like it used to before the
attack. Ironically, while acid is hazardous, it is sold commonly over the counter
fo r cleaning purposes for as litde as 20-50 Rupees. Pursuant to an order of the

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 Analysis of the judicial and legislative approach on acid aHack survivors in india

Supreme Court in the landmark case of Laxmi v. Union of India.' the Union
of India in an affidavit which is reproduced in the order, estimated the total
number (provisional) of acid attack cases in the year 2014 to be around 309,
with Uttar Pradesh reporting the highest number of cases with 185, followed
by Madhya Pradesh at 53, Gujarat with 11 and NCT Delhi with 27 reported
cases. However, like any other gender related crime, the true number can be
estimated to be much more, as certain cases go unreported due to shame faced
by the victims' family or threats by the accused persons. India has over the years
seen an increase in the number of such attacks which, along with high instances
of sexual assault upon woman, dowry deaths and female infanticide, is making
it one of the worst countries for a woman to be born into.

THE MUCH NEEDED CHANGE IN CRIMINAL LAW

Previously, Indian criminal law did nor recognize acid arracks as a separate
offence, and they were usually classified under Section 320 of the Indian Penal
Code ("IPC") as 'grievous hurt,' with punishment for grievous hurt under S.325
IPe. However, S.325 IPC is classified as a bailable and compoundable offence
(which means that the accused and the victim could mutually setde, making acid
arrack in particular a private conflict and not a crime against the society, which
it truly is). Further, the punishment meted out to the accused could only go as
far as 7 years of imprisonment. Section 326 IPC, which prescribes punishment
for voluntarily causing grievous hurt by dangetous weapons or means, was also
applied in certain, more serious acid attack cases, which has a stricter sentence
of life imprisonment or imprisonment up to 10 years.' However, S.326 IPC
wasn't particular to acid arracks alone, and in most cases where S.326 IPC
was applied the accused would often get a sentence lesser than 10 years unless
the acid arrack caused death of the victim. Secondly, S.326 IPC was applied
in cases where the grievous hurt caused was likely to cause death to a person,
and, additionally, S.326 IPC did not cover attempt to thtow acid, which left
the accused with plenty of/oop holes to get away with a lighter sentence. Take

Laxmi v. Union ofIndia, 2016 3 SCC 669.

2 See Syed Shafique v. State of Maharashtra. 2002 CriLJ1403.

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for example, the case of Shesnath v. State ofChhattisgarh' ill which the accused
person threw acid on two persons, which caused the death of one of them
and caused severe burn injuries on the face, chest and neck of the other. The
Additional 5ession Judge however, sentenced the accused ro only two years of
rigorous imprisonment under 5.324 IPC (voluntarily causing hurt by dangerous
weapons or means) and four years of rigorous imprisonment under 5.304 IPC
(culpable homicide not amounting ro murder) . In another case,4 the husband,
unhappy with his wife leaving the matrimonial house, poured acid on her in
her sleep causing her permanent disfigurement and loss of one eye. The Delhi
High Court convicted the accused under 5.307 IPC (attempt to murder) but
only sentenced him to 7 years of rigorous imprisonment. The punishments for
acid attacks were not always disproportionate; in some cases where the victim
died or was maimed beyond recognition, the court was not hesitant to award
death sentence or life imprisonment. 5 In some cases, 5.302 and 5.307 IPC
were also attracted (murder and attempt ro murder); however, the question of
'intention to kill' of the accused comes into play with such cases, complicating
it further. Due to these factors, there was no uniformity i dealing with acid
attack cases, with punishments ranging from as little as few months to death
sentences. It was rare for such cases to be classified as separate from those of
simple grievous hurt, as the IPC itself did not provide for a separate offence.
And, it was therefore rarer for courts to identify the psychological, social
and economic effects it has on the victim for his/her entire life and to award
compensation comparable to the extensive medical proce ures undergone by
the victim. The fines levied were mostly minimal, in accordance to the criminal
provisions involved, and there was no mandate to award any compensation to
the victim of such an act.

In the year 2005 , a 15-year-old girl named Laxmi Agarwal was constantly being
harassed by a 32 year old man, whose advances Laxmi had repeatedly rejected.

3 Shesnath v. State ofChhattisgarh, Criminal Appeal No.34112011 , decided on 13. 12.2011.

4 Devanand v. T he State, 1987 1 Crimes 314.
5 See Yogendra v. State of M.P., 2015 (2) MPHT 102; Subhash v. State, 196 (2013) DLT
173.

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 Analysis of the judicial and legislative approach on acid aHack survivors in india

Unable to handle this rejection, the man poured sulphuric acid on Laxmi,
causing immense pain and melting of her skin , which disfigured her face beyond
recognition. Laxmi required multiple surgeries, which were both very painful
and expensive. Laxmi, by way of this unforeseen tragedy, became a harbinger
of hope for other acid attack victims. In the year 2006, Laxmi filed a PIL in
the Supreme Court demanding changes in the criminal justice system against
acid attacks and to provide adequate compensation to the victims. Laxmi's case
helped bring some major changes in the way that it nudged the government to
formulate better laws against acid violence and, more importantly, to formulate
a rehabilitation scheme for the victims of acid attacks. An important reason
behind acid attacks was the easy availability of acid, hence the Supreme Court
directed all the states and union territories to formulate proper laws to regulate
the sale of acid and orher corrosive substances as are under the Poisons Act,
1919, and envisioned The Poisons Possession and Sale Rules, 2013, to check
the uninhibited sale and purchase of acid. The Supreme Court laid down the
following guidelines to control the availability of acid:·
I. Over the counter, sale of acid is completely prohibited unless the
seller maintains a loglregister 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 .
11. 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.
111. 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.

6 Laxm i v. Union of India, (2014) 4 see 427.

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Vol. 13 National Law School Journal 2015-1 6

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 ,0001-.
VI. The concerned DM may impose fine up to 50,0001- 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 Undertalcings who are
required to keep and Store acid shall follow the following guidelines:
1. A register of usage of acid shall be maintained and the same shall be
filed with the concerned SDM.
11 . A person shall be made accountable for possession and safe keeping
of acid in their premises.
111. The acid shall be stored under the supervision of this person, and
there shall be compulsory checking of the studemsl personnel leaving
the laboratoriesl place of storage where acid is used.

Additionally the Supreme Court expressed dissatisfaction ar the paltry amount

offered to the victims in accordance to the Victim Compensation scheme of
each state (in addition to being significantly less in some states, ir was also
different in each state). It directed that each victim should at least receive 3lakh
rupees as aftercare and rehabilitation cost, with one lakh rupees provided within
15 days of the occurrence of the attack and the rest within 2 months of the
attack.' Further, the Supreme Court stated that full medic u assistance should
be provided ro the victims of acid attack and that private hospitals should also
provide free medical treatment to such victims. It was directed thar no hospitall
clinic should refuse treatment citing lack of specialized facilities, and first-aid
must be administered to the victim and once condition stabilizes the victim
must be shifted ro a specialized facility for furthe r treatme t. Action must be

7 Supra note a[ 6.

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 Analysis of the judicial and legislative approach on acid attack survivors in india

taken against hospital or clinics refusing to treat the victims of acid attacks as
is provided for under S. 357C ofCrPC.'

How does the connection between govt. hospital free service and private hospital
expensive quality service works? Can court oblige private hospital to give free
service? Do they give free service'? Is there any policy to reimburse private
hospital service from government? Why not press for best medical service for
burn injuries instead of private and public hospital?

During the pendency of the PIL, the 226,h Law Commission report' was also
submitted to the Supreme Court to add acid attack as a specific offence and to
create a uniform law for compensation. The report emphasized upon having
specific sections for acid violence in the IPC, with a provision that provides for
the fine to be levied on the accused which shall be given to the victim. Secondly,
the report pressed for a system in place, which would provide assistance to acid
attack victims by providing medical and psychological care and would directly
deal with handing out compensation to the victims. The most noteworthy
achievement of the report, along with Justice J.S.Verma committee report, lO
was to push the government for separate provisions in the IPC for acid attack,
which led to the insertion of S. 326A, S. 326B and S. 166A of the IPC and S.
357B, S. 357C and S. 154(1) of the CrPC. S. 326A IPC 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 injuty or hurt, shall be punished with

8 Supra note at 1.
9 Report submi tted to the Han'ble Supreme Court of India for its consideration in the
pending proceedings filed by one Lax mi in W. l' (Cd. ) No. 129 of2006 on "The Inclusion
ofAcidAttack, as Specific Offinw in the Indian Penal Code and a law for Compemation for
Victims of Crime, " July 2008.
10 Report of the Committee on Amendments ro Criminal Law, 23rd January 2013.

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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 unde r this section
shall be paid to the victim.

Section 326B provides that,

Whoever throws or attempts to throw acid on any person or
attempts to adminisrer acid to any person , or attempts to use any
other means, with the intention of causing permanent or partial
damage or deformity or bums 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.

EXPLANATIONS
1. For the purposes ofsection 326,1 and this section, "acid" includes any
substance, which has acidic or corrosive character or burning nature,
that is capable ofcausing bodily injury leading to stars or disfigurement
or temporary or permanent disability.
2. For the purposes ofsection 326A and this section, permanent or partial
damage or deformity shall not be required to be irreversible.

S.326A and S.326B substantively provide punishment for both acid-throwing

and any attempt to throw acid. These sections have prescribed minimum
punishment; hence in no circumstances can an accused person get away with
a lighter sentence. S.326 A does not distinguish punishment to be awarded
according to the percentage of burns or extent of injuty, which is a strong
deterrent for persons resorting to acid violence. Furthermore, these sections
do not leave it upon the discretion of the police to specifY sections in the FIR
leading to inconsistency in dealing with perpetrators of this crime. Both sections

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 Analysis of the j udicial and legislative approach on acid aHack survivors in india

cover both rhrowing and administering acid ro a person/victim. 5.326B provides

for the definition of acid, in order ro cover all forms of corrosive substances that
cause/have the potential to cause bodily injury. 5.166A IPC directs compulsory
registration of FIR in cases of acid arrack (among other crimes), on failure of
which the public servant in charge can get sentenced ro rigorous imprisonment
for a term not less than 6 months up ro 2 years, in addition ro a fine.

5.357B CrPC provides rhat the compensation provided ro the victims under
the Victim Compensation Scheme (as provided under 5.357 CrPC) would be
in addition ro the fine paid by the accused to the victim under S. 326A IPe.
S. 357C CrPC directs that all hospitals, private or public, run by any person/
local bodies/government shall provide medical-aid or treatment to the victims
of acid attack (among others) free of COSt and shall immediately inform the
police of such incident. This section is backed by 5.166B IPC which states
that any person in charge of the hospital who contravenes the section 357C
CrPC would be sentenced to imprisonment which may extend to one year or
with fine or both.

The new inserted sections in the IPC and CrPC effectively deal with, firstly,
prescribing strict and uniform punishment for throwing acid or any attempt
to it, and any complaint related to such act is compulsorily by law to be
recorded, ensuring that the FIR is registered in a timely manner and not
affected by the discretion of the police officer or, during trial , by the presiding
judge. Secondly, it provides for a minimum compensation to the victim,
in addition to a fine to be paid by the accused, along with free medical aid
and treatment. Imposing imprisonment upon persons in charge of hospitals
that deny admitting victims of acid attack further strengthens this provision.
However, providing compensation to victims, still, largely depends upon the
Victims Compensation Scheme as provided in S. 357A CrPC which is to be
formulated by each state. According to Laxmi's judgment, each victim of an
acid attack has to receive a minimum compensation of Rs .3 Lakhs . Prior to
this, the compensation provided by rhe states was mostly inadequate, and in
some cases, distinguished as per percentage of burns received by the victim,

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Vol. 13 NatioTldI Law School Journal 201 5-16

with some states like Mizoram, West Bengal, Jharkhand not even having a
compensation provision for acid attack victims. Some of the worst states in
terms of compensation were,

1. Goa - Loss of any limb or part of the body resulting in 80 per cent
disability ro be compensated with up ro Rs. 50, 00, loss of any limb
or part of the body resulting in less than 80 per cent and more than
40 per cent disability ro be provided up to Rs.25 ,OOO and less than
40 per cent to be provided up to Rs. 10,000. In case of severe mental
agony caused to women and children due to acid attacks, up to Rs.
10 LakhS. 11
2. Jammu and Kashmir - Rs. 20,000. 12
3. Odisha - Rs. 1,00,000 for earning members and Rs. 50,000 for non-
earning members, only when d;sability is more than 80 per cent.1 3

T he schemes in place earlier were a clear mockery of the victims of this horrific
attack. Not only was compensation dependent on percentage of disability, bur
also, bizarrely, on other conditions like whether the victim was earn ing or non-
earning. In most of the scheme the compensation provided was the maximum
limit and the amount was usually decided by the DSLA based on the nature
of injury, medical care needed or whether the injury has ca sed loss of income
or dignity. H ence, compensation received was largely subjective, mostly in the
hands of the DSLA. Most of the schemes carried a proVIsion, which stated
that in case a victim has received compensation by way of Government/State
insurance (even private insurance in the case of Goa), ex gratia payment, any
fine (including fine prud by the accused to the victim) OJ payment received
under any law or scheme shall be treated as compensation under this scheme.

Laxmi's judgment sought to bring at par the amount of compensation granted

to the victims by prescribing a minimum amount, as the Supreme Court

11 Schedule to the Goa Victim Compensation Scheme, 20 12.

12 Schedule to the Jammu and Kashmir Victim Compensation Scheme. 2013 .
13 Schedule to the Odisha Victim Compensatio n Scheme, 201 2.

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 Analysis of the judicial and legislalive approach on acid altack survivors in illdia

observed that the compensation granted was grossly inadequate. It directed

all the States to carry necessary amendments in their Victim Compensation
Scheme to bring the minimum amount of compensation to victims of acid
attacks at Rs.3 Lakhs. Barring few states, most have amended their schemes to
bring the maximum compensation to Rs. 3 Lakhs (as opposed to a minimum
of Rs. 3 Lakhs, as set in Laxmi's judgment). In addition to that, most states
still continue to award compensation based on percentage of disabiliry and
are ridden with other criteria. Take, for example, the State of M.P. (having
one of the highest number of acid attacks in the year 2014). M.P. Crime
Victim Compensation scheme provides compensation up to Rs. 3 Lakhs if
disfigurement is more than 40 per cent. If disfigurement is less than 40 per
cent, then up to 1.5.Lacs is to be awarded of which 50,000 is to be paid within
15 days. MP Crime Victim Compensation scheme states that if the annual
income of the victim exceeds 5 lakhs, then the compensation would be 50 per
cent only of the allotted compensation. I4 It also states that the compensation
received by the victim ftom the state in relation to the crime in question,
namely, insurance, ex gratia or any other payment under any state run schemes,
shall be considered as a part of the compensation amount under the scheme,
and if the eligible compensation exceeds the payments received by the victim,
the balance amount shall be made out from the fund. In case of minors, the
compensation should be kept in a fixed deposit till the attainment of majoriry
(thereby totally defeating the idea of timely medical care and rehabilitation).
The state of Maharashtra too has amended its scheme to ptovide Rs. 3 Lakhs;
however, it comes with an odd condition, which bars employees of all central
or state government, boards, corporations, public undertakings and income
tax payees." A few states have formulated schemes that are truly praiseworthy,
as they are not only adequate in terms of compensation, but also go beyond
the Supreme Court's orders to provide overall rehabilitation of the victims .
The state of Haryana has notified a new scheme, 'Relief and Rehabilitation of
Women Acid Victims,' which ptovides for compensation within 15 days from

14 Schedule to the Madhya Pradesh Crime Victim Compensation Scheme . 2015.

15 Clause 4(h) to rh e Maharashrra Vicr im Compensarion Scheme, 2014.

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Vol. 13 National Law School Journal 2015-16

when a prima facie case of acid attack is made out. Additionally, it seeks to
conduct home study of the victim to effectively assess any additional need that
may arise for the victim, and ptovides 100 per cent free medical facilities to all
victims from any Government or Government apptoved hospital. It also notifies,
from time to time, shelter homes which can provide complete rehabilitation to
victims who need the support. It provides for a compensation of Rs. 3 Lakhs
for attacks involving defacement, loss of limb or body pan, or plastic surgery.
For attacks not involving any of this, the compensation provided would be
Rs. 50,000. In case of death by acid attack, a lump sum f Rs. 5 Lakhs shall
be provided to the legal heir of the victim. Monthly financial assistance of Rs.
8,0001· to acid victims who will come in the definition of disabil ity under
Section 2(i) of the Persons with Disabilities (Equal Opportunities Protection
of Rights of Full Participation) Act, 1995, is also provided for by the Social
Justice & Empowerment Department, Haryana. Further, [he scheme provides
for preference to acid attack victims in allotment of Fair Price Shops by the
Food and Supply Department, Haryana. The Delhi Victim Compensation
Scheme, 2015 , is the only state providing the highest compensation ro the
victims of acid attack. In case of disfigurement of face or injury less than 50
per cent, the compensation provided is between Rs. 3 Lakhs to Rs. 5 Lakhs;
in case the injury is more than 50 per cent, compensation provided is Rs. 5
Lakhs to Rs. 7 Lakhs. The scheme, however, does not provid.e the compensation
directly, and it is given in the form of fixed deposit with fixed conditions for
withdrawal. Further, it has a provision that in case during trial the court directs
the accused to pay compensation ro the victim under S. 357 C rPC, the victim
has to refund either that amount or the amount received by state, whichever is
lesser. This provision is completely in contravention to S.357 B, which states
that any compensation received under S.357A would be in addition to the fin e
paid by the accused to the victim under S.326A IPC.

SHIFT IN THE JUDICIAL APPROACH

The criminal amendment has ushered significant change in the judicial

approach towards acid attacks and victims. The co urt is ow well aware of

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 Analysis of the judicial and legislative approach on acid attack survivors in india

the aftermath of these arracks and the intensive medical care the victim has
to go through . In more and more cases, courts have expressed dissatisfaction
at the quantum of punishm ent and the compensation being too low. Laxmi's
judgment, even though a landmark decision in terms of bringing about relief
for the victims, was not properly implemented, and another PIL by the NGO
Parivartan Kendra and others was filed in the Supreme Court. 16 The facts
leading up to the PIL were that two dalit girls in Bihar were arracked with acid
in their sleep, as the elder sister was constantly harassed by the accused persons
to have sexual relations with them which she did not pay heed to . One night
the accused persons climbed to the roof where the girls were sleeping and held
the elder sister's legs and face and poured acid on her, which also resulted in
burning of the younger sister's arm. It was the plight of the sisters that, after
admitting them to the hospital , the doctor only arrived by the next morning,
and they claimed that for a month they were not treated properly and due
care was not provided as they belonged to a lower caste, until they finally gOt
shifted to Safdarjung Hospital in New Delhi . They also claimed that so far the
government has only given them Rs. 2.42 Lakhs for the treatment of both,
even though more than Rs. 5 Lakhs has been spent on their treatment. The
Supreme Court reprimanded the state and observed that:

We have come across many instances of acid attacks across the country. These
arracks have been rampant for the simple reason that there has been no proper
implementation of the Regulations or co ntrol of the supply and distribution
of acid. There have been many cases where the victims of acid arrack are made
to sit at home owing to their difficul ry to work. These instances unveil that the
State has failed to check the distribution of acid falling into the wrong hands
even after giving many directions by this Court in this regard . H enceforth , a
stringent action be taken against those erring persons supplying acid without
proper authorization and also the concerned authorities be made responsible
for failure to keep a check on the distribution of the acid.

16 Parivartan Kendra v. Union of India, (201 6) 3 see 57 1.

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Vol. 13 National Law School Journal 201 5- 16

Further commenting on the plight of the victims the court observed,

The likelihood of the victim getting a job which involves physical
exertion of energy is very low, the social stigma and the pain that
she has to go thtough of not being accepted by society cannot be
neglected. Furthermore, the general reaction of loathing which
she would have to encounter and the humiliation that she would
have to face throughout her life cannot be compensated in terms
of money; as a result of the physical injuty, the victim will not be
able to lead a normal life and cannOt dream of marriage prospects.
Since her skin is fragile due to the acid attack, she would have to
take care of it for the rest of her life. Therefore, the after care and
rehabilitation COSt that has to be incurred will have huge financial
implications on her and her family.

The court finally observed that Laxmi's judgment is prope r; however, it needs
better implementation and, also, the compensation mentioned therei n cannot
serve as a straitjacket formula and could be enhanced by the courts depending
on the severity of the case and, also, that such enhancement would make the
state implement the guidelines properly, as the state will tty to comply with
it in its true sprit so that the crime of acid attack can be prevented in future.
Finally, the court clarified that Laxmi's judgment did not prescribe a maximum
limit for compensation or put any condition on the compensation based on
the degree of injuries which a victim has suffered due to acid attack. In the
light of these observations, the court granted compensations of Rs . 10 Lakhs
to the elder sister and Rs . 3 Lakhs to the younger sister.

In Renu Sharma v. GNCT of Delhi and ors., 17 the petitioner was a victim of
an acid attack that led to her losing her eyesight. She approached the Delhi
High Court to grant her a compensation of Rs . 50 Lakhs , to reimb urse her
medical expenses and provide her or her family member with a government
job of not less than Grade II officer level. The court observed that the Delhi
Victims Compensation Scheme that provides for a maximum compensation of

17 Renu Sharma v. GNCf of Delhi and ors.,w,p. (C) 2229/2016 , Decided on 18.3.20 16.

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 Analysis of the judicial and legislative approach on acid attack survivors in india

Rs. 7 lakhs is arbitrary and unreasonable, and if a victim has spent more than
that on their treatment, the state cannot refuse to spend more than the ceiling
limit. The court in this case consulted the petitioner to suggest a government
hospital where she would prefer to be treated in the future , and, after learning
that, passed an order to ptovide free medical facility in that hospital to the
petitioner, the expenses of which shall be borne by the state. Further the court
directed the state to provide a job to the petitioner on compassionate grounds,
and to reimburse medical expenses previously incurred by her, notwithstanding
the ceiling limit prescribed in the scheme. In another case, 18 acid was forcefully
administered to the petitioner by her boyfriend's family causing internal and
external injuries to her. The petitioner, in light ofLaxmi's judgment, approached
the High Court of Calcutta against the failure of the state to provide her any
compensation. It was her case that, after the attack on her, she had approached
the Chief Secretary of the State of West Bengal for compensation; however,
no action was taken by them for more than 7 months. The State took the
plea that the West Bengal Victim Compensation Scheme was in the process
of being amended according to the guidelines issued in Laxmi and, hence,
no compensation should be granted till the scheme is notified. Further,
for compensation to be provided, the victim must be referred by the Legal
Service Authoriry or a Court of compensation, and therefore the petitioner by
approaching the State government directly could not obtain compensation.
The court, rejecting the arguments by the state, held that referrals aren't always
necessary to obtain compensation, and once the state receives the knowledge of
such an act, compensation must be paid to the victim. Relying upon Laxmi's
judgment, the court held that since the Supreme Court has already directed
payment of Rs . 3 Lalths to the victims as compensation, the same shall be
paid to the victim. In another case pertaining to Haryana, 19 the court directed
payment ofRs. 6 Lalths as compensation to the victim (maximum limit is Rs.
3 Lalths in Haryana) along with free medical aid, monthly assistance of Rs.
8,000 and allotment of fair price shop.

18 Sabana Khamn v. State of West Bengal, W.PNo.34704(w) of2013, decided on 28.2.2014.

19 Anju v. State of Haryana,20 16 (2)RCR(Criminal)794.

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Vol. 13 National Law School Journal 2015- 16

A TRAGEDY WORSENED BY DELAY

A very important factor which has been ignored in landmark judgments
about acid attacks is the huge delay in disposing of cases. Rehabilitation and
compensation too was delayed in most cases, which led to (he Supreme Court
di recting the payment of Rs . 1 Lakh to the victims within 15 days and the
reSt (Rs. 2 Lakhs) within 2 months. However, the courts have been silent in
issuing any guidelines to help the speedy disposal of the pending cases. A brief
look at the decided cases show a dismal result in terms of time taken to decide
these cases. Even though Indian court has always been encumbered with a
huge backlog of cases, it is even more arduous for acid attack victim s to attend
court hearings for years and to undergo exhausting CtoSS examination in their
physical condition and along with getting their treatment and surgeries done.
Prior to Laxmi's judgment, the only way of getting compensarion was by way
of the fine imposed upon the accused, and for this the victim would have to
wait for the length of the trial to get her compensatio n. Additionally in acid
attack cases, the burden of proof is upon the victim ro prove that the act was
committed by the accused person. Take, for example, the case ofJoseph Rodriguez
v. State ofKarnataka10 Here, the accused not being able to handle the rejection
at the hands of the victim poured acid on her in April 1999, as a result of
which the victim had to undergo 35 surgeries and lost her vision permanently.
The trial was concluded in six years, where the accused managed to get away
with an imprisonment of5 years along with a fine ofRs. 3 Lakhs under 5.326
and 5.201 ofIPC , even though the victim had by then lost her eye sight and
most of her facial features due to the attack and had struggled to fi nance her
surgeries. An appeal was then filed by the state for enhancement of the sentence
under 5.307 IPe, which took another year to be decided where, finally, the
accused was sentenced to life imprisonment along with an additional fine of
Rs .2 Lakhs to be also paid to the victim. (This was one of first cases to award a

20 State of Kama taka by Jallahalli Police Station v. Joseph Rodriguez, Criminal Appeal
Nos. 1065, 1066, 123912004 decided on 22.08 .2006.

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 Analysis of the judicial and legislative approach on acid aHack survivors in india

practical compensation). In another case,2l the accused was a colleague of the

victim and was envious of the success of the victim as a dancer in a hotel in
Delhi. The victim had refused the accused's demands ofleaving her job, and to
seek revenge, acid was poured on the victim in December 2004, leading to the
disfigurement of the victims face and permanent blindness. The trial concluded
in 6 years where the accused and her accomplice were only held guilty under
5.326 and 5.120B IPC and were sentenced to 5 years rigorous imprisonment
and a fine of Rs. 1 Lakh each; thereafter, they were granted bail. An appeal was
filed for enhancement of punishment, which was finally decided, atter another
6 years, enhancing the sentence to both accused to ten years. In another case
of rejection by the vicrim, the accused poured acid on her, and it took 17 years
for the court to finally convict rhe accused." Extensively, long trials like these
are deplering of rhe victim's energy and resources, especially since the vicrim is
already suffering with extreme physical discomfort.

THE WAY FORWARD

An example can be taken from the neighboring countty of Bangladesh thar

has significantly curbed the occurrence of acid attacks. Bangladesh has been
riddled with this form of violence, and in the wake of this, it passed two specific
legislarions back in 2002, being, Acid Offence Control Acr, 2002, and Acid
Control Act, 2002. The Acid Offence Control Acr, much like 5.326A and
5.326B IPe, prescribes punishment for thtowing acid with death sentence or
life imprisonment if the attacks causes loss of sight, hearing, disfigurement of
act, breast or sexual organs with a fine of up to one lac taka,23 disfiguration of
any other organ or limb can attract an imprisonment of minimum 7 years up
to 14 years and a fine up to 50 thousand taka. Any attempt to throw acid is
punishable with an imprisonment of3-7 years with a fine of up to 50 thousand

21 Simran and Ors. v. State of Delhi and Ors., Cr!. A. 179,46 112011 and 139312012 ,
decided on 27.05.20 16.
22 State of Nazarbad Police v. Karthik Mahadevappa, Criminal Appeal No .1349/2006 ,
decided on 23.08.2011.
23 Section 5, Acid Offence Control Act, 2002.

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Vo!' 13 National Law School Journal 2015- 16

takas." Aiding or abetting throwing acid roo has been dealt with strictly by
awarding the same punishment as of committing the act itself.'; In case of
death by acid attack the accused it punished wi th the death sentence.'6 The
Act has set a time of 30 days fo r the police ro complete investigation, with an
extension of 15 days if required. 27 Further, Acid C rime Tribunals have been set
up in each district that deal with specifically acid attacks, and these tribunals are
required ro decide each matter within 90 days from the receipt, and the matter
is heard on every working day till the hearing is complete. " Similarly, the Acid
Control Act, 2002, is in place ro regulate and control the supply of acid and has
instituted a National Acid Control Council under the Home M inistry which
formulates policies with regard ro sale, purchase, import, trade, misuse of acid,
along with providing treatment, rehabilitation and compensation ro the victims
and spreading awareness about acid violence,29 and a district committee has been
set up for the implementation of the policies formulated:'" Accordingly, only
license holders can produce, purchase, import, trade or sell, and the licensing
authoriry for import of acid is issued by the central government, and licenses
fo r other purposes are issued by the Depury Commissioner. 31 A license is not
renewed or issued if that person has been convicted of any offence under this
act with an imprisonment of any term or with a fine mor~ than 50 thousand
taka and, also, if five years have not lapsed since the sentence got over or since
the fine was obtained. The license is also not issued or renewed if the license
has previously been canceled due to breach under this acr. l2 Any unlicensed
activiry relating to acid is met with an imprisonment sentence of minimum

24 Section 6, Acid Offence Control Act, 2002.

25 Section 7, Acid Offence Control Act, 2002.
26 Section 4. Acid Offence Control Act. 2002.
27 Section 1 1. Acid Offence Control Act. 2002.
28 Section 16. Acid Offence Control Act. 2002.
29 Section 4. Acid Control Act. 2002.
30 Section 8. Acid Control Act. 2002.
31 Section 16(2). Acid Control Act. 2002.
32 Sectio n 17. Acid Control Act. 2002.

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 Analysis of the judicial and legislative approach on acid attack survivors in india

3 to maximum10 years and a fine of 50,000 Bangladeshi takas." License

holders are also reg uired to keep an informational log of the use of acid in
their possession. Any breach of the terms of the license is punished with one
to 5 years imprisonment and a fine of 10 thousand taka or both." Possession
of any machineries or substance used in producing acid will be a punishable
with a minimum 3 years up to 15 years in prison, along with a fine. " A5 a result
of this, a significant drop in acid violence has been witnessed; the number of
acid attacks reported were 494 in the year 2002 , and as of 20 15, the number
of reported incidents have come down to 59%

The Government has taken positive measures ro combat acid attacks by

introducing specific provisions in the Indian Penal Code and has revamped
its Compensation schemes in order to ensure rehabilitation of the victims.
Recently, the Right of Persons with Disabilities Act, 2016, was enacted which
includes acid attack victims under the list of persons with disabilities for securing
reservation in employment, education and other opportunities. However,
there is a long way to go to eliminate this menace completely from society.
Certain steps similar to the following can be added to the existing set of laws
and schemes to control and prevent instances of acid attacks.

1. Complete priority should be given to regulating supply of acid, and the

Supreme Court directions should be implemented strictly. Inspections
must be conducted under the supervision of the sub-divisional magistrate
within their jurisdiction to ensure that the sellers are following necessary
guidelines at the time of selling the acid and are not in possession of
undeclared stock of acid. Pure and concentrated form of acid, which is
commonly used for cleaning purposes, must be banned for commercial
purposes and substituted with milder, less concentrated products. A ban
on acid sold commonly over the counter for commercial purposes will,

33 Section 36, Acid Conrrol Act, 2002.

34 Section 39, Acid Conrrol Act, 2002.
35 Section 37, Acid Conrrol Act, 2002.
36 Acid Survivors Foundation at Bangladesh, Statistics, available at hrtp:ll www.acidsurvivors.
orglSratistics.

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Vol. 13 National Low School Journal 201 5- 16

to a large extent, curb the incidences of such attacks, as it would cur off
the easiest source of obtaining acid. Acid, which is u,ed for medical and
industrial purposes, must be stored separately and strictly monitored to
ensure non-theft by employees or outsiders. The Supreme Court guidelines
or any other guidelines formulated must be incorporafed into the existing
Poison Act, 1919, or to a new acid specific act to ensure better and stricter
implementation with punishments for violation.
2. All states must take steps to implement sensitization and rehabilitation
schemes in addition to punitive laws. States with higher number of reported
acid attacks must take additional steps, especially wi procurement and
regulation of acid and stricter fines/punishment for illegal possession of
acid.
3. In case an acid attack is reported the police officer in charge must report
the matter to the SDM and an inqui ry must be conducted to investigate
the procurement of the acid used, and strict action must be taken against
the provider of the acid ifit is found that the acid was 0 tained in violation
of the guidelines.
4. Being a State subject, the state governments should come up with detailed
policies and schemes for acid attack victims which incl udes free medical
aid including COSt of surgery, hospitalization, bedding, medicines etc; a
reasonable one-time compensation given based on th severiry of inju ry,
financial status, loss of income, loss of education opportuniry, home
and care needs; monthly remuneration ; psychological counseling and
rehabilitation; and preference in Government jobs. Hospitals across the
State must be equipped with best medical facilities for burn injuries,
especially with first aid in order to minimize damage a.nd prevent further
risk to the victim . In addition to this, victims of acid attack must be
granted a disability certificate to help them in availing job and education
opportunities with ease in line with the Rights of Persons with Disabilities
Act, 2016. Victims who suffer severe injuries like per manen t blindness,
loss oflimb, loss in hearing should be provided with special help and care.

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 Analysis of the judicial and legislative approach on acid attack survivors in india

5. Cases pertaining ro acid attacks must be tried in fast track courts and
disposed off within a set timeline and no adjournments and delays must
be allowed in such cases. The pendency of the trial should not hamper
the compensation ro be received by them. Victims of acid attacks must be
granted free legal aid ro engage a lawyer of their choice. Special training
must be imparted ro Public Prosecurors ro handle such cases with utmost
sensitivity, keeping in mind the physical and mental condition of the
victim. A presumption clause must be added ro the Indian Evidence Act,
1872, which will allow courtS ro presume that any person who throws
or administers acid did so with the intention and knowledge that such
an attack will likely cause hurt as mentioned in S.326A IPC. " Such
an addition will shift the burden of proof ro the accused instead of the
victim, as it is natural that the victim of such a gruesome attack would
not implicate the wrong person and exonerate the real accused person.
6. The National Commission of Women or similar bodies at state and
district levels should be proactive and encourage all women ro report,
anonymously or otherwise, ro the policewomen cell incidences of
harassment, stalking, or threats ro throw acid, and they should tackle these
complaints seriously. In numerous cases, the victims were threatened with
an acid attack before the actual act was committed, and hence a proactive
approach can help prevent at least a few attacks.
7. Emphasis should be laid on helping the victim transition back into the
society. This can be done by providing regular counseling ro the victims,
and formulating specific schemes of employment for them. A panel can be
created within the National Commission of Women or National Human
Rights Commission consisting of victims among other members who can
evaluate the needs of existing victims and suggest further measures ro curb
this menace.

37 Supra n.ote at 9.

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Vol. 13 National Law School journal 20 15- 16

BIBLIOGRPAHY

Cases
Anju vs. State ofHaryana, 20 16 (2) RCR(Criminal)794.
Devanand vs. The State, 1987 I Crimes 314
Laxmi vs. Union ofIndia, (2014) 4 SCC 427
Laxmi vs. Union ofIndia, (2016) 3 SCC 669
Parivartan Kendra vs. Union ofIndia, (2016) 3 SCC 571.
Renu Sharma vs. GNCT of Delhi and ors. , W.P.(C) 2229/2016, Decided on
18.3.201 6
Sabana Khatun vs. State of West Bengal, WP.No.34704(w) of 20 13, decided
on 28.2.20 14.
Shesnath vs. State ofChhattisgarh, Criminal Appeal No.34 11201 1, decided on
13.12.2011
Simran and Ors. v. State of Delhi and Ors., C el . A. 179, 461120 II and
1393/2012, decided on 27.05.2016.
State of Karnataka by Jallahalli Police Station vs. Joseph Rodriguez, Criminal
Appeal Nos. I 065, 1066, 123912004 decided on 22.08.2006.
State of Nazarbad Police v. Karth ik Mahadevappa , Crim inal Appeal
No. 134912006, decided on 23.08.2011
Subhash vs. State, 196 (2013) DLT 173
Syed Shajique vs. State ofMaharashtra, 2002 CriLJ 1403
Yogendravs. StateofM P., 2015 (2) MPHT 102

Statutes
Acid Control Act, 2002
Acid Offence Control Act, 2002.

Other Authorities
Goa Victim Compensation Scheme, 2012.
Jammu and Kashmir Victim Compensation Scheme, 2013

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 Analysis of the judicial and legislative approach on acid attack survivors in india

Madhya Pradesh Crime Victim Compensation Scheme, 2015

Maharashrra Victim Compensation Scheme, 201 4
Odisha Victim Compensaiton Scheme, 2012

Articles
Statistics, Acid Survivors Foundaion at Bangladesh, http ://www.acidsurvivors.
org/Statistics.

Reports
Report of the Committee on Amendments to Criminal Law, 23rd January 2013
Report submitted to the Hon'ble Supreme Court ofIndia for its consideration
in the pending proceedings filed by one Laxmi in W.P. (Crl.) No. 129 of
2006 on "The Inclusion 0/Acid Attacks as Specific Offences in the Indian
Penal Code and a law for Compensation for Victims o/Crime," July 2008.

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