ARMY INSTITUTE OF LAW, MOHALI

Seminar 2019

RIGHTS OF ACID ATTACKS VICTIMS

Submitted by:
DEEPAK KUMAR
(1642)

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INTRODUCTION

Women constitutes half the population in the society and it is presumed that best creation
belong to the women. It is hash reality that women have been ill-treated in every society
for ages and India is no expectation. Violence against women is largely unreported fear
and stigma often prevents women from reporting incident of violence or seeking
assistance. In the ancient India women held a high place of respect in the society as
mentioned in Rig-Veda and other scriptures. But later on, social, political and economic
change, women lost their status. We proud Indian of 21stcentury rejoices in celebration
when a boy is born, and if it a girl, a muted or no celebration is the norm it is like a
gender discrimination and inequality, Gender inequality in simple word, may be defined
as discrimination against women based on their sex. Women are traditionally consider by
the society as weaker sex, therefore she is exploited, degraded, violated and discriminated
both in our home and in outside world. The root cause of gender inequality in Indian
society lies in its patriarchy system According to the famous sociologists SYLVIA
WALBY, patriarchy is a “system of social structure and practices in which dominate
oppress and exploit women1”.
Violence is a social and health problem for all who experiences and withers it Behavior
involving physical force intended to hest damage or kills someone or something. Some

1
Khawas, Babika (2016) Exploring Sex Trafficking Concerns from Feminism and Gender Studies. South
Asian Journal of Socio Political Studies (SAJOSPS) ISSN 0972-4613 VOL. 17 No.1 PP 50-54

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 type of violence like family violence’s, Domestic violence’s, Sexual violence’s etc.
Today’s humanitarian crises disproportionately affect women, and gender based violence’s
is an increasing common means of fighting wars and targeting civilians. Violence against
women is the most pervasive human right violation in today’s world. Violence against
women cannot be addressed in isolation of context, including the historical, political,
economic, social and cultural contexts and realities that impact and shape the lives of
women. The dimension of gender based violence encompass acid throwing physical
torture, mental abuse, sexual exploitation, rape, trafficking domestic violence, dowry,
deaths, suicide, forced marriage and other psychological and financial oppression. Acid
violence is Gender- Based violence “Gender is a socio – cultural term referring socially
defined roles and behaviors assigned to males and females” in a given society. The terms
sex “is a biological and physiological phenomenon which defines man and women.

Male Quieted Societies don’t allow their women to have any Independent rights and marry
off their females to enhance a family, either with money or prestige, with no thought to
what the female wants. Men make the laws. Men can sexually harass women and it is, the
woman’s fault and dishonor, not the man’s. If a women wishes to do anything outside of
being in a home and raising kids or cleaning. She must get permission from a man. Male
Quieted Societies are usually kept in place using laws and religions as props laws made by
men are allowed to lead. Acid Attack is one of the most violent crimes against women. It
has been estimated that around a thousand of women suffer from acid attack per year in
India. The reason behind these attacks, the effect of acid attack on women and the law’s
against the attack. Incidences of acid attacks mostly occur when a woman denies being in a
relationship with a man some men can’t handle rejection of any kind and they take revenge
in form of acid attack. Sometimes, family disputes too result in acid attack. The women are
thought to be vulnerable enough to take revenge in such form. These have also been case
where a petty fight between couples has resulted in acid attack. It is very easy for criminal
to throw acid on the face of a woman and run away. Acid is used in day to day life for
cleaning of kitchen, washroom, jewelry etc.

MEANING OF ACID AND ACID ATTACK

“Acid is used because men don’t want to kill, they want to disfigure”. Acid is a substance

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 with particular chemical properties including some metals like neutralizing alkalis,
turning litmus red metal; mainly a corrosive or sour tasting liquid of this kind;-Acid
throwing, also called an acid attack, is a form of violent, the act of throwing of acid
substance onto the body of another with the intention to revenge, torture or kill the person
this is called acid attack2.

EFFECT OF ACID ATTACK

The dangerous of abusing depends upon what type of acid was used in the crime.
Generally the criminal uses Hydrochloric acid, Nitric acid and Sulphuric acid to attack
women. These acids cause severe burning of the face and even the bones get melted. If
the acids enter the eyes of the victim, she loses her eyesight. In some cases the women
lost their ability to hear due to the attacks. When the acid entire the wind pipe or the food
pipe, it leads to fatal diseases like ulcer. Many deaths have been reported after acid
attack3. If the burn is very deep the face becomes lightly and the skin becomes sagging.
Those who survive the acid attack face severe social physical and emotional torture. The
woman loses her self-confidences. Victim face a life time of discrimination from society
and they become lonely. They are embarrassed that people may stare or laugh at them and
may hesitate to leave their home fearing an adverse reaction from the outside world.

CONSTITUTIONAL PROVISION

Article 14: The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.

Article 14 is not mere formal equality, it also encompasses substantive equality. This means
that equality cannot simply exist on paper. The State has to take positive action including
special measures to ensure equality. As women in India are disproportionately the victims of
acid attacks, largely constitute gendered violence, women require special protection from
acid violence under law.
Article 21: No person shall be deprived of his life or personal liberty except according to
procedure established by law.

2
www.bdresearchpublications.com.
3
Crime Against Women LokSabhaSecretial (2013) note No.2 At www.crimeagainstwomen.pdf.

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The Supreme Court in a catena of judgments has recognized that the right to life includes
the right to be free from inhuman and degrading treatment. As pronounced in Francis
Coralie Mullin Vs. Union Territory of Delhi &Ors4 [1981 SCR (2) 516], the Supreme
Court held as under: “It is implicit in Article 21 the right to protection against torture or
cruel, inhuman or degrading treatment which is enunciated in Article 5 of the Universal
Declaration of Human Rights and guaranteed by Article 7 of the International Covenant on
Civil and Political Rights (ICCPR).” The Supreme Court has held that Article 21 includes
the right to health and the right to health services.

Statutory Provisions
The Indian Penal Code was amended by the Criminal Law (Amendment) Act, 2013, to
include the offence of acid attack within its ambit.
Before the amendment, the laws governing acid attack included:
Section 320 – Grievous hurt: Acid attacks are considered grievous hurt as any
permanent disfigurement, disability, or destruction of a body part is included in this section.

Section 325 – The punishment for voluntarily causing grievous hurt is a maximum of
seven years. No minimum punishment is prescribed.
Section 326 – Voluntarily causing grievous hurt through a dangerous weapon or another
means- A ’another means: A “corrosive substance” is specified as being a dangerous means,
hence acid attacks will be covered.

The punishment under this Section is for a maximum period of life imprisonment, or a period
up to ten years. There is no minimum punishment prescribed.
The Criminal Law (Amendment) Act, 2013, made the following changes:
Section 100 – When the right to private defense of the body extends to causing death: An
act of throwing acid or administering acid, or an attempt to throw or administer acid which
reasonably causes the apprehension that grievous hurt will be the consequence of such an
attack.

Thus acid, attack has been included under the list of grievous crimes under which the right to
private defense extends to causing death. This means that an acid attack is so grave that a
survivor may be justified in killing the perpetrator to defend herself from the attack.

4
Nagar, Niti and JhaPriti (2015) A study of gender Inequality in India. The International Journal of Indian
Psychology of ISSN 2348 – 5396 (e) / ISSN 2349 – 3429 (P), Vol. 2, Issue-3 http://www.ijip.in

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Section 326A – Whoever causes permanent or partial damage, deformity, burns, maims,
disfigures or disables any part or parts of the body of a person with the intention or knowing
that it is likely to cause such injury or hurt, shall be punished with either simple or rigorous
imprisonment for a term of at least 10 years, which may extend to imprisonment for life,
and a fine.

The fine shall be paid to the victim, and shall be just and reasonable to meet the medical
expenses of the victim.
Section 326B – Attempting to throw or administer acid with the intention of causing
permanent or partial damage, deformity, burns, maim, disfigure, disable, grievous hurt shall
be imprisoned with either simple or rigorous imprisonment for at least five years, up to
seven years, and a fine.

Acid includes any substance of acidic, corrosive or burning character that is capable of
causing bodily injury which leads to scars, disfigurement, temporary or permanent
disability.

For the purposes of both these sections, the damage or deformity need not have to be
irreversible.
Section 166A – A public servant who refuses to record any information in relation to an
offence under Section 326 A and 326 B (as well as some other sections), shall be
imprisoned with rigorous imprisonment for a term of at least six months which may extend
up to two years, and be liable to pay a fine.
Section 166B – Whoever is in charge of any hospital, whether public or private, run by the
Central or State Government, a local body, or any person, and who contravenes Section
357A of the Code of Criminal Procedure, shall be imprisoned for a term which may extend
to one year, or with fine, or both. Section 357A governs payment of fines to victims of
crimes.

The Code of Criminal Procedure was similarly amended by the same Criminal Law
(Amendment) Act, 2013:

Section 154 – When the information is given by the woman victim of a crime under
Section 326A, 326B which are the sections dealing with acid attacks (and other sections of
the IPC), the information will be recorded by a woman police officer or any woman
officer.
Section 154(a) provides for special provisions for survivors of offences under Sections
354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, 376E,
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or Section 509 of the IPC (sexual harassment, criminal force to a woman with intent to
disrobe, watching a woman in a private act, stalking, rape, and aggravated rape). When an
offence under the Sections has been committed and the victim has been permanently or
temporarily mentally or physically disabled, then the police officer shall, in the presence
of a special educator or interpreter record information from the victim at the victim’s
residence of any place of the victim’s choosing. The recording of such information may be
video graphed if needed.

Section 154(a) seems to have overlooked acid attack victims as Section 326A and 326B has
not been included. This might be particularly problematic as in most cases acid attack
victims suffer from significant physical disability following the attack.
Section 164 (5A)(a) makes similar provisions as Section 154(a), for a Judicial Magistrate
to record the statement taking the assistance of a special educator or interpreter in cases
wherein the victim is temporarily or permanently mentally or physically disabled, and for
the statement to be video graphed. This statement shall be considered in lieu of examination
in chief under the Indian Evidence Act.

Again, acid attacks under Section 326A and 326B have not been included within this
section.

ACID ATTACK IN INDIA

There is no separate statistics for Acid Violence case in India till easily 2013 because the
Indian Criminal Law did not recognize it as a separate offence with the amendment in
India Penal code in February 2013, Incidents of acid attack are now being recorded as a
separate offence under section 326A & 326B5. The first data available after, the
amendment relate to the year 2014 when 255 cases here reported from all over Indian.186
to 310 acid attacks cases in U.P. in 2014. U.P. has recorded the highest number of acid
attack cases with 186 such incidents reported in the state out the 310 cases registered
across the Country in 20146. 26 acid attack cases here registered in Delhi the highest
among all Union territories, 53 cases of acid attack registered in Madhya Pradesh 11 in
Gujarat, 7 in Haryana, 6 in Maharashtra, 4 each in Punjab and Andhra Pradesh and 3 each

5
www.indiastudychennel.com

6
www.acidviolence.org/index.php/acidviolence

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in Bihar and Orissa last to last year a total of 208 people were arrested across the India for
their alleged involvement in acid attacks case 2014 .off these, 119 people were arrested in
U.P. 46 in Madhya Pradesh and 10 in Gujarat7 .The incidents being reported from across
the Country. This is almost 300 percent more than the average number of such cases
witnessed during the preceding.

STATEMENT OF PROBLEM

India has the highest Number of acid attacks in the world, but the worst conviction rates.
As is often the cases with other crimes against women, acid attacks are treated with
official apathy and societal indifference8. The attack often occurs as revenge for rejecting
a marriage proposal or sexual advances, showing the peculiar mindset of male entitlement
and power and no right for a women to refuse. Acid violence against women shows that
gender inequality is prevail in Indian society which raises some questions regarding the
status of women and this study is an attempt to establish the relation between violence
against women and their status in the society which refer to gender inequality in
patriarchal system9.

Some cases before the inclusion of the section 326A of IPC

In Marepally Venkata Sree Nagesh Vs. State of A.P10[3], the accused was suspicious about
the character of his wife and inserted mercuric chloride into her vagina, she died due to
renal failure. The accused was charged and convicted under Section 302 and 307 IPC.

In Devanand Vs. The State11 a man threw acid on his estranged wife because she refused
to cohabit with him. The wife suffered permanent disfigurement and loss of one eye. The
accused was convicted under Section 307 and was imprisoned for 7 years.

7
Nagar, Niti and JhaPriti (2015) A study of gender Inequality in India. The International Journal of Indian
Psychology of ISSN 2348 – 5396 (e) / ISSN 2349 – 3429 (P), Vol. 2, Issue-3 http://www.ijip.in
8
Atal,yogesh (1993) Violence‟s against women reports from India and Republic of Korea. UNESCO
Principal regional office for Asia and the Pacific P.O Box 967, prakanong Post. Office Bangkok 10110
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(20O3) Torture in Police custody in Cambodia. Cambodian league for the Pronation and Defense of
human rights Atwww.omct.org.
10
Marepally Venkata Sree Nagesh Vs. State of A.P, 2002 CriLJ 3625
11
Devanand Vs. The State 1987 (1) Crimes 314
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State of Karnataka by Jalahalli Police Station vs. Jospeh Rodrigues12 it is one of the most
famous cases involving acid attack. The accused threw acid on a girl, Hasina, for refusing
his job offer. This deeply scarred her physical appearance changed the colour and
appearance of her face and left her blind. The accused was convicted under Section 307 of
IPC and sentenced to imprisonment for life. Compensation of Rs. 2, 00,000/- in addition to
the Trial Court fine of Rs 3, 00,000 was to be paid by the accused to Hasina’s parents.

Landmark cases related to the Acid Attack

Laxmi v. Union of India13 This is a landmark case, in this case, the petition filed by the
Laxmi (Acid Victim). In this case, Apex Court issued the direction for the regulation of
acid to the State and UT. The court also addressed the problem of compensation. The Apex
Court held that Section 357A this section provides for the preparation of a scheme for
providing funds for the purpose of compensation to the victim or his dependents who have
suffered loss or injury as a result of crime and who require rehabilitation. The Apex Court
direct that the acid attacks victims shall be paid compensation of at least Rs. 3 Lakh by the
concerned State Government/UT as the aftercare and rehabilitation cost.

But in reality, no state has set victim compensation scheme and the compensation ranging
is from 25,000 to 3Lakh depend upon the state to state which is not sufficient for the
victim because the acid attack victim will have to go through several plastic injuries in a
whole life.

Parivartan Kendra Vs. Union of India14 In this case the PIL filed the petition for the plight
of acid attack victims like free medical care, rehabilitative service or adequate
compensation under Survivor Compensation Schemes- Highlighted plight of two Dalit
girls – Acid attack victims. In this case, court also took a consideration that despite orders
and directions of the same court in the Laxmi case, acid still readily available to most of
the population in India. In this landmark judgment Supreme Court issued a direction that
the State Governments/ UT should seriously discuss and take up the matter with all the
private hospitals in their respective State/ UT to the effect that the private hospitals should
not refuse treatment to victims of acid attack and that full treatment should be provided to

12
State of Karnataka by Jalahalli Police Station vs. Jospeh Rodrigues Decided in the Hon’ble High Court of
Kerala on 22/8/2006.
13
Laxmi v. Union of India 2014 4 SCC 427
14
Parivartan Kendra Vs. Union of India 2015 (13) SCALE 325
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 such victims including medicines, food, bedding and reconstructive surgeries. The Apex
Court said that there is no need to set up a separate Criminal Injuries Compensation Board
and the Court also clarified that the State Government/UT concerned can give even more
amount of compensation more than Rs. 3Lakh.

The Court also said that the State Government/ UT should take 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.

(Preeti Rathi Case) State of Maharashtra v. Ankrur Panwar15 in the first such order in an
acid attack in Maharashtra a special women’s Court here sentenced Ankur Panwar to
death. The accused was convicted of the charge of throwing acid on Preeti Rathi at Bandra
station in 2013 after she chose to pursue her nursing career, declining his proposal for
marriage. Special Judge Anju S. Shende said “According to the mitigating and aggravating
circumstances, the facts of the case and the recent acid attack judgments by the Supreme
Court, the accused to death

Laws in other countries

Bangladesh

In 2002, the Bangladeshi Government passed two Acts, the Acid control Act 2002 and the
Acid Crime Prevention Act 2002. The Acts address punishment of those involved in the
acid attack itself and restrict import and sale of acid in open markets.

Some important feature of the laws include

 Establishment of a National Acid Control Council Fund

 Establishment of a Rehabilitation Center for victims of acid crimes
 Treatment for victims of acid crimes
 Provision of Legal Aid for victims of acid crimes, etc.

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State of Maharashtra v. Ankrur Panwar Decided in September 2016
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 Cambodia

In Cambodia, the Cambodian Law on Regulating Concentrate Acid passed in November

2011.This law criminalizes acid violence provides regulation and controls for all forms of
concentrated acid. The law provides an extensive definition of the term “concentrate acid”
with an ability to supplements the list by sub-decree in the future. In addition, regulates the
import, transport, distribution, retail, and storage of acid by requiring a license or
permission letter issued by the relevant Ministry allowing such uses.

The acid attack still burning India

The sections (326A, 326B) have been added in the penal code by the Criminal
(Amendment) Act 2013 would not be able to stop or decrease the crime but the crime rates
still the same. The latest data released Ministry of Home Affair was that the years
2011,2012 and 2013 witnessed 83,85 and 66 cases being reported respectively, but this
number shot up to 309 in 2014- almost four times the average number of acid attack cases
in preceding years. The majority of acid attack was in the Uttar Pradesh (185), Madhya
Pradesh (53)16.

Conclusion and Suggestion

The height of brutality in acid attacks is more than that in the cases of rape. Rape is
considered as destroying the very soul of the victim, but even then if she is kept at a safe
place she can stay without disclosing her identity; but in the case of an acid attack, they
[the victims] have to move around with their bodies. In the I would like to suggest making
a particular legislation which deals with the acid attack and the problem of the acid victim
because the acid victims will have to face problem in their whole life.

Suggestion

 To make specific legislation this would deal with the regulation of the acid.
 Insert a section 114B: Presumption as to acid attack in the Indian Evidence Act, 1872
which was recommended by the Justice J.S. Verma committee.

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The data submitted by the Ministry of Home Affair to the Supreme Court in the ( Laxmi V. Union Of India)
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 Center Government and State Government both would come forward and make a separate
fund which deals with compensation payable to acid victims.
 The victim, who cannot work, should get a pension.

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