Acid Attacks Related Laws in India

Acid attacks are among the most heinous and inhumane crimes, often causing irreversible physical, mental, and emotional trauma to the victim. Primarily targeting women and children, acid attacks not only disfigure and disable the victim but also destroy their lives in ways that go beyond the physical injuries. Over the years, India has witnessed a disturbing rise in acid attacks, prompting legal and judicial reforms to combat the issue effectively.

Understanding Acid Attacks

An acid attack refers to the deliberate act of throwing or administering acid on a person with the intent to cause grievous injury, disfigurement, or harm. The substances commonly used in these attacks include sulfuric acid, hydrochloric acid, and nitric acid, which are caustic in nature and capable of causing permanent physical and psychological damage.

The National Commission for Women (NCW) defines acid attacks as:

“Any act of throwing acid or using acid in any form on the victim with the intention or with the knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of such person’s body.”

Historical Background of Acid Attacks in India

• Early Cases: The first documented acid attack case in India appeared in 1975, according to the National Crime Records Bureau (NCRB). However, it was not until 2002 that cases began to escalate significantly.
• Global Context: Acid attacks are not confined to India; they are prevalent across South Asia, particularly in Bangladesh and Pakistan, where socio-economic and gender-based violence issues are widespread.
• Case Statistics: By 2000, India reported 174 acid attack cases, highlighting the need for specific legal provisions to combat this brutal form of violence.

Laws Governing Acid Attacks in India

Prior to 2013, there were no specific provisions in the Indian Penal Code (IPC) to address acid attacks. Perpetrators were prosecuted under general sections such as Sections 320, 322, 325, and 326, dealing with grievous hurt. However, recognising the need for targeted legislation, the Criminal Law (Amendment) Act, 2013 introduced Sections 326A and 326B into the IPC.

Section 326A: Grievous Hurt by Use of Acid

• Definition: This section criminalises causing grievous hurt, burns, or disfigurement by throwing acid with the intent or knowledge to cause harm.
• Punishment:
  • Minimum imprisonment of 10 years (extendable to life imprisonment).
  • Fine: The amount is to be used for the victim’s medical treatment and rehabilitation.
• Nature of Offense: Cognisable and non-bailable.

Essentials of Section 326A:

• Use of acid to cause injury.
• Permanent or partial damage, including burns, disfigurement, or disablement.
• Intent or knowledge to cause harm.

Section 326B: Voluntarily Throwing or Attempting to Throw Acid

• Definition: This section criminalises attempts to throw acid with intent to cause harm, even if no injury occurs.
• Punishment:
  • Minimum imprisonment of 5 years (extendable to 7 years) and a fine.
• Nature of Offense: Cognisable and non-bailable.

Recommendations Leading to Legal Reform

The Criminal Law (Amendment) Act, 2013 was largely influenced by two key recommendations:

1. Justice J.S. Verma Committee: Formed after the 2012 Delhi Gang Rape case, the committee highlighted the need for stringent measures to address acid attacks as a distinct offence.
2. 226th Law Commission Report: This report emphasised the need for:
   • Specific legal provisions for acid attacks.
   • Regulation of acid sales.
   • Rehabilitation and compensation mechanisms for victims.

These recommendations played a pivotal role in shaping the amendments to the IPC, CrPC, and Indian Evidence Act.

Regulation of Acid Sales in India

In addition to punishing perpetrators, India recognised the need to regulate the sale and distribution of acid to curb its misuse. This was formalised under The Poisons Act, 1919.

Key Measures to Regulate Acid Sales:

1. Supreme Court Directive (2013): The Supreme Court directed all states and Union Territories to regulate the sale of acid, following which the Ministry of Home Affairs (MHA) issued the Model Poisons Possession and Sale Rules, 2013.
2. Over-the-Counter Sales: Prohibited unless the buyer produces a photo ID issued by the government. The buyer must be above 18 years of age.
3. Maintenance of Records: Sellers must maintain a logbook/register recording:
   • Buyer’s details (name, address, photo ID).
   • Quantity of acid sold.
   • Purpose of purchase.
4. Declaration of Stocks: Acid sellers must declare their stocks to the Sub-Divisional Magistrate (SDM) within 15 days. Undeclared stocks may be confiscated, and sellers face fines up to Rs. 50,000.
5. Accountability for Institutions: Educational institutions, laboratories, and hospitals must:
   • Appoint a person responsible for acid storage.
   • Maintain records of acid usage.

Compensation and Rehabilitation for Acid Attack Victims

Compensation Provisions

• Section 357A of CrPC: Mandates state governments to prepare financial schemes for victim compensation.
• Supreme Court Guidelines: Victims must receive a minimum compensation of Rs. 3 lakhs:
  • Severe Disfigurement: Rs. 7-8 lakhs.
  • Injuries >50%: Rs. 5-8 lakhs.
  • Injuries <50%: Rs. 3-8 lakhs.
  • Minor Injuries: Rs. 3-4 lakhs.

Free Medical Treatment

• All public and private hospitals are mandated to provide free medical treatment to acid attack victims.
• Hospitals must not deny treatment, and immediate first aid is prioritised.

Social Rehabilitation

• NGO Involvement: Non-Governmental Organisations play a critical role in:
  • Providing psychological counseling.
  • Supporting social integration programs.
• State Initiatives: States are encouraged to set up dedicated rehabilitation centres for acid attack survivors.

Landmark Judicial Cases on Acid Attacks

Laxmi v. Union of India (2015)

• Facts: Laxmi, a 15-year-old, was attacked for rejecting a marriage proposal. She petitioned for stricter regulation of acid sales and adequate compensation.
• Judgment:
  • Minimum compensation of Rs. 3 lakhs for victims.
  • Supreme Court directed all states to regulate acid sales.
  • Hospitals cannot deny treatment to victims.

State of Maharashtra v. Ankur Panwar (2013)

• Facts: Preeti Rathi, a nursing aspirant, was attacked at Mumbai’s Bandra station for rejecting a marriage proposal.
• Judgment:
  • The Special Women’s Court sentenced Ankur Panwar to death penalty.
  • The court considered the aggravating circumstances and the increasing menace of acid attacks.

Challenges in Implementing Laws

Despite strong legislation, acid attacks continue to pose challenges:

1. Regulation of Acid Sales: Acid remains easily available in local markets despite legal restrictions.
2. Compensation Delays: Victims often face delays in receiving compensation, hindering their treatment and rehabilitation.
3. Medical Infrastructure: Inadequate facilities in rural areas to treat acid attack victims effectively. 
4. Rehabilitation Gaps: Lack of dedicated rehabilitation programs for survivors.

Steps Forward: Recommendations

1. Strict Enforcement of Acid Sale Regulations: States must ensure compliance with the Model Rules, 2013.
2. Fast-Track Courts: Special courts should handle acid attack cases to ensure speedy justice.
3. Increased Compensation: The minimum compensation must be increased to meet the rising cost of treatment.
4. Awareness Campaigns: Public awareness campaigns can educate citizens about the legal consequences of acid attacks and encourage reporting.
5. Victim Support Programs: Establishment of counselling centres and vocational training programs for survivors.

Conclusion

Acid attacks are one of the most brutal forms of violence, often targeting vulnerable sections of society. While significant legal reforms have been introduced, including Sections 326A and 326B of the IPC and the regulation of acid sales, challenges remain in enforcement and victim rehabilitation. Judicial interventions in landmark cases like Laxmi v. Union of India and State of Maharashtra v. Ankur Panwar have set strong precedents for victim support and compensation. However, effective implementation of laws, public awareness, and comprehensive rehabilitation measures are crucial to eradicate this menace from society.

India’s journey towards combating acid attacks highlights the need for a multi-faceted approach—one that combines legal enforcement, social support, and systemic reforms to ensure justice, dignity, and recovery for the survivors.