CHRIST

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Acid attacks
on women

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 Introduction
An acid attack, also called acid throwing, vitriol attack, or
vitriolage, is a form of violent assault involving the act of
throwing acid or a similarly corrosive substance into the
body of another "with the intention to disfigure, maim,
torture, or kill".
The National Commission of India described acid attack as
"any act of throwing acid or using acid in any form on the
victim with the intent of or awareness that such person is
likely to cause permanent or partial harm, deformity, or
disfigurement to any part of such person's body."

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Causes of Acid Attacks against
women in India
1. Family Disputes, Domestic Violence,
relationship conflicts
2. Theft or Robbery
3. Mistaken identity, accidental
4. Land Disputes, Business conflicts
5. Money problems or disputes
6. Suspicion of Infidelity

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Legal Provisions related to Acid Attack

Acid attacks in India often make the front
pages of Indian newspapers. Unfortunately in
India, there was no separate legislation to deal
with acid attacks before the passing of the
Criminal Law (Amendment) Act. 2013. The
offence was registered under Sections 307,
320, 322, 325 and 326 of the Indian Penal
Code (I.P.C).
• Section 320-Grevious Hurt-The following kinds of hurt only are
designated as "grievous":-
• Firstly- Emasculation
• Secondly - Permanent privation of the sight of either eye.
• Thirdly - Permanent privation of the hearing of either ear,
• Fourthly - Privation of any member or joint.
• Fifthly - Destruction or permanent impairing of the powers of any
member or joint.
• Sixthly - Permanent disfiguration of head or face.
• Seventhly - Fracture or dislocation of a bone or tooth
• Eighthly - Any hurt which endangers life or which causes the sufferer
to be during the space
• of twenty days in excruciating body distress, or unable to engage in
his usual activities.

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• Section 322-Voluntarily causing grievous hurt- Whoever
voluntarily causes hurt, if the hurt which the intends to
cause or knows himself to be likely to cause is grievous
hurt, and if the hurt which he causes is grievous hurt, is
claimed to “voluntarily to cause grievous hurt.
• Section 325-Punishment for voluntarily causing grievous
hurt- Punishment for voluntarily causing grievous harm-
Whoever voluntarily causes grievous harm, except in the
case provided for in section 335 (voluntarily causing
grievous harm on provocation), shall be punished by
imprisonment of any description for a period that may
extend to seven years, as well as a fine.

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Section 307-Attempt to Murder- Whoever
does any act with such intention or
knowledge, and under such circumstances
that, if he by that act caused death, he would
be guilty of murder, shall be punished with
imprisonment of either description for a term
which can reach ten years, and shall even be
susceptible to fine.

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On 2nd April 2013 the Indian Penal Code was amended with the passing of ‘The
Criminal Law (Amendment) Act, 2013. The amendment resulted in insertion of
Sections 326A and 326B specifically for dealing with acid violence.
Section 326 A states – Whoever causes permanent or partial damage or deformity to,
or burns or maims or disfigures or disables, any part or parts of the body of a person
or causes by throwing acid on or administering acid to that person, or by using any
other means with the intent of causing or knowing that he is likely to cause such injury
or hurt, shall be punished with imprisonment of either description for a period not
less than ten years but not more than life, and a fine. Section 326 B states – Anyone
who throws or threatens to throw acid on another person, or administers acid to
another person, or uses any other means with the intent of causing permanent or
partial injury, deformity, burns, maiming, disfigurement, disability, or grievous harm to
that person, shall be punished by imprisonment of either description for a term not
less than five years but this may extend to seven years, and shall also be liable to fine.

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Compensation and Medical Treatment

• Section 357-B the compensation payable by the State
Government under Section 357-A shall be in addition to the
payment of fine to the victim under section 326-A of the
Indian Penal Code.
• Section 357-C All hospitals, public or private, whether travel
by the Central Government, the government , local bodies
or the other person, shall immediately, provide the first-aid
or medical treatment, freed from cost, to the victims of any
offence covered under section 326-A, 376, 376-A, 376-B,
376-C, 376-D or section 376-E of the Indian legal code , and
shall immediately inform the police of such incident.

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Landmark Judgements
Laxmi Vs. Union of India 2014 4 SCC 427: This can be a landmark case,
during this case, the petition filed by the Laxmi (Acid Victim). The
Supreme Court passed an order to place ban on selling of acid in shops.
For preventing acid attacks, the Supreme Court has completely prohibited
the counter sale of the chemical unless the vendor maintains a recording
of the address and other details of the client, and also the quantum.
Dealers can now only sell the chemical after the client showed a
government issued photo positive identification and after specifying the
aim of purchase. the vendor should submit the small print of sale to the
local police within three days of the transaction. Acid shouldn't be sold to
someone under 18 and every one stocks must be declared with the local
sub-divisional magistrate (SDM) within 15 days. Undeclared stocks can be
confiscated and also the defaulter fined up to Rs.50,000/-. Acid attack is
now a non-bailable and cognizance offence.

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Parivartan Kendra Vs. Union of India 2015 (13) SCALE 325: During this case, court
took a consideration that despite orders and directions of the identical court within
the Laxmi case, acid still readily available to most of the population in India. during
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
shouldn't refuse treatment to victims of acid attack which whole kit should be
provided to such victims including medicines, food, bedding and reconstructive
surgeries.
Sonali Mukherjee Vs. Union of India 2009: Sonali Mukherjee, a lady from Dhanbad
was attacked by acid when she was just 18 years old. In 2003, three alleged assailants
namely Tapas Mitra, Sanjay Paswan and Brahmadev Hajra threw acid on her when
she was asleep on roof of her house. She received various burnt injuries and her face
got disfigured. The perpetrators were sentenced to imprisonment of nine years but
were released on bail when appealed to the supreme court.

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Suggestion Deemed to be University

Any law's effectiveness is measured by how well it is implemented. Also the most strict
egislation can be made ineffective if they are not fully enforced. The Criminal Law (Amendment)
Act, 2013 has resulted in positive developments in anti-acid violence legislation. Prior to the Act,
here was no provision for strict prosecution of the perpetrators, and the victim received either no
or a very small sum of compensation. Special laws were enacted to punish the offenders and offer
medical care to the victim. However, enacting legislation is never enough until they are fully
mplemented. The Indian judicial system is suffocating under the weight of cases. The trial takes a
ong time to complete. Furthermore, lawyers attempt to postpone the prosecution of the accused
by asking that the Court prolong the trial date. As a result, despite the strict rules, the case
emains unresolved for years and the suspect is not prosecuted for his actions. As a result, a
pecial Tribunal or Bench may be formed to deal with acid attacks. Such a body will be dedicated
olely to such incidents, ensuring swift justice and assistance to the victim. The Tribunal's or
Bench's ruling should be definitive and binding, saving the claimant from several lawsuits in
numerous courts around the world. There are also rules in place to restrict the selling of acid, in
ddition to the harsh penal laws. The acids used in attacks are widely available since they are used
n both domestic and science and research settings. A monitoring system should be developed to
nsure that the laws are being followed by the citizens. Many people in the country (particularly
hopkeepers and retailers) are unaware of the new rules governing the sale and purchase of acid
due to illiteracy or ignorance. The government should take steps to educate the public about the
new laws.
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THANK YOU

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