Abstract
Acid attacks on women have become the most burning area and are considered to be the most nastiest and the most atrocious kind of violence committed on weaker sex. It is the thoughtful and pre-mediated use of acid on another human being for no blunder on her part. Reasons could be easy accessibility of acid, male-domineering and male-dictating society, antagonism, scorned and disdained lovers, etc., to name a few. Cases on acid attacks are mounting, swelling and escalating like anything. The perpetrators do not realize the consequences of such menacing, ominous and looming attacks on innocent victims and throw acids on them, distorting their face, limbs and different parts of body. It is high time now. Something stringent needs to be done to curb this evil in our society. Otherwise it will be too late, and innocent creatures on this earth will continue to suffer for no fault of theirs. The authors would be dealing with various facades, legal remedies and compensations dealing with acid attacks in the present society.
Introduction
Violence on women has always been a contentious issue. Some say that it is escalating, while others give credit to the more reporting that is being done. Undoubtedly, usually throughout the orb, women occupy a very frail and portentous status. It has been rightly said that from her cradle to her last breath, she is subjected to everlasting and ceaseless numbers of violence. It is not only predominant in developing and underdeveloped countries, but women in developed countries are also ensnared and entwined in the perils of violence.
Violence in a layman’s language is inflicting physical 2 or mental 3 or both types of harm on another person.
According to Encyclopedia of Crime and Justice 4 ‘violence is a general term referring to all types of behaviour either threatened or actual, that result in the damage or destruction of property or the injury or death of an individual’.
Chambers Dictionary describes violence as
excessive unrestrained or unjustifiable use of force. Violence also means outrage, profanation injury or rape. Infliction of injury on other people is the essence of violence. It may be either physical or mental. On the legal level, it is the illegal employment of methods of physical coercion for personal or group ends. The infliction of injury by police is exercise of state’s force as long as it is legal. But as soon as it crosses the boundary of legality and inflicts injury for lust or for personal gain, it becomes violence and is more dangerous than the violence by ill armed and ill organized collective people.
5
According to Black’s Law Dictionary, ‘violence means unjust or unwarranted use of force usually accompanied by fury, vehemence, or outrage physical force unlawfully exercised with the intent to harm’. 6 Violence can take variety of forms. It could be in the form of female foeticide, 7 prostitution, 8 marital rape, 9 wife battering, 10 eve-teasing, 11 sexual harassment, 12 witch hunting, 13 etc., to name a few. Of all violence committed on her, acid attack is the most disgraceful and horrendous wrong which is committed on this fairer sex, and the most reprehensible and contentious part is that public authorities are loathed to deal with it. 14
In a layman’s language, acid attack is the thoughtful attack where acid is used as a weapon and is thrown on someone to torment, pester and harass that person. The most usually employed chemical in acid attacks is sulphuric acid (oil of vitriol); hence, it is called as vitriolage. Acid attack, also known as acid violence or vitriolage, has appeared as a spiteful and vicious act that shows the gravity and enormity of the enduring atrocities and violation of human rights. 15
Acid attack encompasses the spraying of acid (car battery or sulphuric acid). It could be on the face and/or body of the victim. 16 The purpose of the person is to deface, injure and torture another person throughout his/her life. The attackers often target upper part of the body of the person. It often leads to long-lasting effects which could be physical, psychological, social and economical. The aim of the committer is not to kill the victim but to make him/her endure throughout his/her life—to leave a permanent, indelible impact on the victim, physically as well psychologically.
This form of violence is becoming very ubiquitous in present-day society. Acid attack is ageless, raceless, religion less and boundaryless. Cases of acid attacks are very much ubiquitous in India, Pakistan, Norway, Malaysia, the Gambia, South Africa, Jamaica and Egypt. 17 The awe-inspiring majority of the sufferers are women, and many of them are in the prime of their infancy. 18
Causes of Acid Attack
Male-domineering Society
Our society is a male-domineering society where men have always been told to domineer and women have been told to be subjugated. Women have always been considered to be devoid of personality. In ancient times, women were considered to be the property of the father, later she became the property of the husband who received her as a gift from the father, and when she became a widow it was the son who protected and controlled her. In such a society where women have always been controlled and regulated by men, men are not used to hear ‘no’. Various factors which have until date come to the light for throwing acid has been refusal of women to enter into conjugal relation, denial of woman to enter into relationship, withdrawal of woman from the ongoing relation, etc. The disavowal by a woman on some of the cases aforementioned has a great ineffaceable and adverse bearing on the minds of the men who have always been told to dominate in this male-dominated society and forces them to react in this most harrowing manner and results in acid attack cases.
Inexpensive and Effortless Obtainability of Acids
One of the primary causes of acid attack cases is the easily availability of acids in the market. People can easily procure it without much effort on their part from pharmacies, open-air markets, goldsmith shops, automobile repair shops, etc. Many people also use it as a common cleaning agent in their homes. Thus, it is easily obtainable. Apart from this, it is inexpensive also within the reach of common men.
Domestic Violence
Violence within home is one of the leading causes that has attributed to the throwing of acid by family members on vulnerable and browbeaten women. In this male-domineering society, denial by women on anything or her vocal nature has been taken as a defiance and rebelliousness by the husband or his family members and has resulted in such tormenting and traumatic incidents. It could be related to bringing of less dowry, inability to bear a child, refusal to obey, refusal to have sex, suspicion, property disputes, family disagreements, etc. In Ram Chaittar v. State of U.P., 19 the matter was pertaining to property dispute. An acid was thrown on the wife and daughters of brother which resulted in their death.
Peer Jealousy
Jealousy is another pivotal factor that has resulted in such awful incidents. In this competitive world, everyone wants to excel another person and be ahead. It could be in business, service sector or education sector. A person cannot see another person moving and going ahead at a very rapid pace. It is a matter of shame and ignominy that there are such incidents that have occurred on account of sheer jealousy, and just to bring a jolt and halt to the bright and prosper career of another person, these means have been employed. The Ankur Panwar’s case 20 is a clear-cut example of it.
Vengeance by Rejected and Rebuffed So-called Lovers
This is one of the major causes for throwing acid on the victim. When a person is rejected of his marriage proposal or advances of a person are rebuffed by a woman, it is taken as a spite and out of vengeance, acid is used on the woman to teach her a lesson. For the committer, it hardly takes few moments to throw the acid on the victim and satisfy a grisly sense of retaliation against the seeming denunciation. 21 These people fail to comprehend that the lesson that they are teaching is not temporary, but is permanent which spoils not only the looks of the woman but also has a devastating effect on her life throughout.
Safeguarding the Honour of the Family
In order to shield the honour of the family, people have resorted to such barbaric acts and have used acid as a means to forbid women to retaliate against the accepted norms and ethnicities of the family.
Impact of Acid Attack
Acid attack is the most horrendous, unbearable and the pits thing committed on women. Acid attack is possibly one of the nastiest infliction committed on human beings which results in complete debilitation, loss of prospects and income, and even social requisitioning. 22 The effects of this are not temporary, but are permanent lasting throughout a person’s life. She not only suffers physically and psychologically but also fiscally and emotionally, not to talk of isolation from the society. The society is unable to accept the looks and consider that some blotch and blemish is connected with the woman. Some people might show empathy and compassion, but there are also people who pass rude, offensive and boorish comments on these already disturbed and dejected women.
Some of the very prominent impacts are mentioned in the following.
Physical Impact
Physical impact is horrifying, dismaying and too awful for words. In the beginning, when the acid is thrown, it feels like water is thrown and the person is unable to make out what actually has happened, but within fraction of seconds it causes lot of burning sensation and it intensifies and strengthens. If not washed immediately, acid causes skin to melt, sometimes leading to dissolution of bones because acid is the corrosive liquid that has the potential to ooze deep and profound into the skin and impair muscles, blood vessels and bones. 23 It causes disfigurement injuring eyes, ears, nose, etc. The skull is partly destroyed/distorted, hair missing is there, ear cartilage is usually partway or absolutely destroyed, deafness is there, eyelids may be charred off or malformed, it could result in blindness, the nose can become shrivelled and distorted and the nostrils of the person are likely to be closed off totally due to devastated cartilage. The mouth becomes withered and slender, and it may lose its motion. Sometimes, it may lead to the lips being partially or completely smashed, revealing the teeth. It becomes very difficult to eat and speak even. Apart from this respiration-related problems are also there. These are some of the physical problems relating to acid attacks.
Psychological Impact
The victim of acid attack not only suffers physically but it has a gigantic and gargantuan psychological effect on her leading to lack of personality, trepidation, frustration, lack of confidence, tremor, disordered eating, nightmares, insomnia, despair, negative feelings about themselves, lack of self-assurance, feeling of worthlessness and feeling of abandonment which might lead to suicidal tendencies. It has been rightly said that ‘beauty is to man as perfume is to flower’. As the main aim of the perpetrator is to make the victim suffer, physically, emotionally, psychologically, etc., and after the acid is thrown, the perpetrator is able to achieve his purpose resulting in making the victim suffer from the aforementioned quandaries. Psychologically, the victim is totally shattered and devastated, looks-wise, self-confidence wise, etc., and the most reprehensible part is that this is not temporarily but permanently lasting throughout her life. When the life of a person seems worthless to them, it is obvious that such person would be trapped in despair, dimness and murkiness leading to sleeplessness and persistent headaches. It might also lead to suicidal tendencies as well. There is always a fear of trepidation of another attack on self or family members.
Obviously physical and psychological impact as aforesaid would require long-term treatment—medically as well as intercession from the counsellor to deal with the psychological challenges and repercussions.
Manfred Nowak, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment made statements on acid attacks as under:
In the case of women victims of acid attacks, they are faced both by physical challenges, that may require long-term surgical treatment, as well as by psychological challenges, which require long-term intervention from counsellors at each stage of the physical recovery.
24
Financial Impact
Apart from physical and psychological impact on the victim of acid attack, this heinous crime also puts a person in a financial crunch. The treatment of acid attack victim involves assorted number of surgeries, skin grafting, medication, etc. Since single surgery does not suffice, leading to multiple surgeries, it makes a person out-of-pocket fiscally. Apart from this, acid attack leads to a number of physical disabilities, and those people who are already employed, they face a number of challenges in their employment and are unable to cope up with their job. For those people who are jobless, people are hesitant to hire them, though they might show full empathy with them.
Social Impact
The appearance of the person becomes so dreadful and frightful that victims become socially outcast, either by the society or by self. Greater number of acid attack victims are forced to give up their education, occupation and carry out normal activities of life due to their physical appearance or physical disabilities. The most appalling part is that for no blemish on their part, they are made to hide their faces and the effected parts of their body; they have to bear the brunt of the society, etc. There is always a sense of trepidation, scorning and scoffing of the people around them, not to forget the disgusting looks of the society at large. All these things build so much of inferiority complex in the victims that they themselves shun away from the society. Conversely, the society is also hesitant to accept such people and evades their company and shun them, sometimes due to strange and nauseated feelings and sometimes due to blotch and disgrace attached to such people. People also associate their melancholies and desolations to the misdeeds of the victims and consider them wretched and unfortunate. 25
Laws Dealing with Acid Attacks
Acid attacks committed on women are one of the most reprehensible crimes committed. In spite of the fact that Article 15 of the constitution 26 talks about giving protection to everyone and deals with prohibition of discrimination irrespective of religion, race, caste, sex, place of birth, the reality is that it has been the failure on the part of the State to protect its citizens, especially the women as most of such heinous crimes are committed against the women. Before 2013, the Indian Penal Code (IPC) did not talk anything about acid attacks and the approach of the judiciary was also very callous and nonchalant.
Lila Devi v. State of Bihar 27 is a case where the callous and unfeeling approach of the judiciary is evident in cases on acid attacks. In the said case, the accused along with three others threw acid on the victim on 21 July 1993. The trial court took 25 years to award just 2 years sentence to the main accused and acquitted all other accused. Further, the High Court converted this meagre punishment of 2 years into ₹5,000 fine.
If incidents of acid attack happened, they were dealt under Sections 320, 28 322, 29 325 30 and 326, IPC. 31 Section 320, IPC, talks about grievous hurt, Section 322 deals with voluntarily causing grievous hurt, Section 325 talks about punishment for voluntarily causing grievous hurt and Section 326 deals with voluntarily causing grievous hurt by dangerous weapons and means.
Also there were no special provisions dealing with the compensation and rehabilitation provided to the victims of acid attack before the said amendment and Laxmi’s case.
32
Justice Verma Committee which was set up by the central government after the horrendous case of Nirbhaya
33
to recommend reforms in the criminal justice system, itself understood the severity of acid attacks on innocent victims and stated,
we understand that the most heinous form of attack on a woman, which is commonplace in several Asian and African countries is the throwing of acid on the women for a multitude of reasons, including alleged adultery, turning down advances from men and also as a form of domestic violence. Acids and other corrosive substances are thrown on women or administered to them, thereby causing death or physical and psychological damage with unfathomable consequences.
34
The Justice J.S. Verma Committee Report instituted by the Government of India in 2013 while suggesting reforms in the criminal justice system considered the issue of acid attack and observed as under.
The committee recommended that acid attack to be included as an offence under IPC. It observed,
[t]he gender specificity and discriminatory nature of this offence does not allow us to ignore this offence as yet another crime against women. We recommend that acid attacks be specifically defined as an offence in the IPC, and that the victim be compensated by the accused. However in relation to crimes against women, the Central and State governments must contribute substantial corpus to frame compensation fund. We note that the existing Criminal Law (Amendment) Bill, 2012, does include a definition of acid attack.
35
The committee also observed,
[i]n a certain sense, the aggressor is conscious that self-worth and self-esteem of a woman often lies in her face, which is a part of her personality. The dismemberment of the face or the body is not merely an offence against the human body but will cause permanent psychological damage to the victim. What happens when there is permanent physical and psychological damage to a victim, is a critical question and law makers have to be aware that offences are not simply based on the principle of what might be called offence against the body, i.e., damage of the body, but they must take into account the consequences on the right to live with dignity which survives the crime. This is an important consideration both in the fields of criminology and also in the field of sociology.
36
The 226th report of the Law Commission also observed,
victim of acid attacks suffer a great deal due to slow judicial process, inadequate compensation and obviously from the after effects of the acid attack itself. Thus, there is an urgent need to legislate distinct sections in the IPC to deal with acid attack and to set up a Criminal Injuries Compensation Board in India to deal with such cases in an effective and efficient manner, to help the victims of acid attacks to get compensation for medical expenses and rehabilitation apart from making section 357 CrPC
37
mandatory in certain respects.
38
It was only after Criminal Law (Amendment) Act, 2013, that acid attacks which had by then mounted and swelled that various sections were inserted in the IPC, the Code of Criminal Procedure and Indian Evidence Act. Various sections such as Sections 326A, 39 326B, 40 100 clause seventhly 41 in IPC, Sections 357 B, 42 357C 43 in CrPC were inserted with the said Amendment. 44 Section 326A 45 basically talks about deformity caused to a person by throwing acid or administering acid to that person. The damage could result in disfigurement, disability of any part of the body and this could be partial or permanent. If such things happen, the punishment that is provided to such a person is minimum of 10 years imprisonment and is also extendable to life imprisonment. Such person is also liable to pay fine. The fine that is imposed is just and reasonable to bear the medical expenses which are being undergone for the treatment of the victim. Also the fine needs to be paid to the victim. Section 326B, IPC, talks about the person who throws or makes an attempt to throw or attempts to administer acid on any person or even makes an attempt by other means, and the intention of such person is to cause permanent or partial damage or even deformity of such person or even burns, maims, disfigurement of any part of the body or disability of any kind or even grievous hurt to such person, he shall be liable for a minimum punishment of 5 years extendable to 7 years and shall also be liable to pay fine. Further Section 100 Clause 7 which has been inserted by Criminal Law Amendment Act, 2013, talks about the cases where the right of private defence extends to the causing of death of another person. According to it, if a person throws or administers acid or even attempts to throw or administer acid which in normal course rationally cause fear and trepidation that grievous hurt would otherwise result from such an act, this person is justified to cause death of such a person and would be exempted from any punishment. Not only this, Section 357 CrPC talks about the responsibilities of all hospitals irrespective of they being private or public, irrespective of whether they are run by central government or state government, local bodies or any other person, to provide immediate first aid to the victims covered under Sections 326A, 376, 376A, 376B, 376C, 376D or 376E of the IPC. It is also their duty to immediately and instantly, without any delay, report the matter to the police. Apart from this, Section 357A of CrPC 46 talks about Victim Compensation Scheme. According to this section, it is mandated that every state should establish Victim Compensation Fund in co-ordination with the central government. The purpose of this is to provide funds to the victim of the crime. The compensation is to be provided as to the scheme that has been adopted by the particular state. The compensation could be provided either to the victim or his dependants who have suffered loss or injury because of crime and who also require rehabilitation. Apart from this, the Central Victim Compensation Fund (CVCF) has also been set up with the initial corpus of ₹2 billion. It has been introduced by the Ministry of Home affairs. The purpose of it is to support the prevailing victim compensation schemes to reduce the bigotry in quantum of compensation notified by different states/union territories. Under it, victims will be provided compensation on the ground of various injuries, loss and death with respect to acid attack, rape, human trafficking, disabilities and burns. 47 A criteria has also been laid down for the eligibility of the victims to claim compensation under CVCF. The victim can claim compensation if a declaration with application form is filed that no compensation has been received from the government (central/state); there is substantial loss of family income, the loss should be such as it becomes difficult to make both ends meet or the cost on the medical expenditure is exceeding the fiscal capacity of the family. The compensation would also be available to the victims or dependents under Section 357A (4) CrPC, even though the culprit is undetectable.
The scheme provides for maximum compensation of ₹0.3 million. Also, if the age of the victim is less than 14 years of age, the victim shall be eligible to get additional amount of ₹150,000.
Apart from this, the National Commission for Women, New Delhi, also in its Report 2008–2009, drafted the ‘Scheme for Relief and Rehabilitation of Offences (by Acids) on Women and Children’. The main objective of this scheme is to enable the acid attack survivors with suitable medical treatment and communal, mental and fiscal support.
It observed that ‘Acid attacks permanently disfigure and eventually destroy the victim, both physically and psychologically. The victims need short- and long-term medical facilities in the form of specialized plastic surgery’. 48
This scheme also suggested to institute a federal system of ‘Criminal Injuries Compensation Boards’ at all the three levels of government that would predominantly handle cases relating to acid violence.
Additionally, it has also been observed by the National Legal Services Authority (NALSA) that legal service institutions can play a pivotal role in providing access to compensation under Victim Compensation Scheme. It came out with NALSA (Legal Services to Victims of Acid Attacks) Scheme, 2016. 49
Its main objectives are as follows:
To strengthen legal aid and representation at the national, state, district and taluka levels for victims of acid attacks in availing the benefits of the various legal provisions and schemes for compensation which exists; To enable the victims of acid attacks to get access to medical facilities and rehabilitative services; To create and spread awareness about the entitlements of the victims of acid attacks through the District Legal Services Authorities, Taluka Legal Service Committees, panel lawyers, para legal volunteers and legal service clinics; To enhance capacities at all levels of penal lawyers, para legal volunteers, volunteers in legal services, government officers tasked with the implementation of the various schemes, service providers, police personnel, non-governmental organizations by organizing training, orientation and sensitization programme; and To understand research and documentation to study the various schemes, laws, etc., to find out the gaps, the needs and to make suggestions to the appropriate authority.
50
A plan of action has also been prepared to fasten and accelerate the process of receiving compensation to be given to the victims of acid attacks. It talks about legal aid to be provided to the victim of acid attack. In case of death of a victim on account of acid attack, legal aid to be provided to the heirs of the victim. State Legal Services Authorities to ensure speedy interim compensation without delay on account of compliance of legal formalities. One penal lawyer to be designated by District Legal Service Authority and Taluka Legal Services Committee as legal service officer. To enforce the provisions of the scheme, District Legal Services Authority to appoint appropriate number of para legal volunteers. Para legal volunteers to act as a bridge between acid attack victim and legal service institution. Legal services clinic to be established at hospitals for treatment to be meted out to the acid attack victims. Para legal volunteers to help and support victims and also to get them certificates from the hospital as well as to make ensure that they get all rehabilitative services. Opening of the legal services clinic to be communicated to all government departments, NGOs, etc. Action to be initiated against the hospital who denies to treat victim suffering acid attacks. In matters pertaining to functioning, infrastructure, clinics control, maintenance of records and registers, it is the National Legal Services Authority (Legal Services Clinic) Regulation, 2011, to be applied to all clinics. Apart from this, State Legal Services Authority is required to work in coordination of state government, union territories and government departments. State Legal Services authority are required to make database relating to hospitals, database to include all the schemes of the central, state, policies and regulations which are related to acid attacks. Then provisions have also been made to ensure implementation of assorted schemes. Various awareness programmes, training and orientation programmes organized in order to create awareness is also the mandate. 51 Additionally, various Victim Compensation Schemes have also been introduced by assorted state governments for compensation to be provided to the victims of acid attacks. Thus, states have also been requested to modify State Victim Compensation Schemes again to reduce the disparity in compensation. 52
Other than this, Sections 114 53 and 119 54 of Evidence Act are also very pivotal when the case is related to acid attacks. Section 114 carries a presumption where the court presumes the existence of certain facts, taking into consideration the normal course of events, the conduct of human being, and public and private business depending upon the facts of a particular case. Section 119 is very noteworthy with regard to the victims of acid attacks. It talks about dumb witnesses, that is, people who are unable to give their testimony in the open court. Our Evidence Act allows such persons, and the testimony of such persons can be taken either through writing or gestures, signs or in any other manner in which it is intelligible, that is, understandable. People who are victims of acid attacks are unable to speak due to their pitiable condition, deformity, etc., and their evidence is very much admissible through this section in the open court. Apart from this, under the Poisons Act, 1919, Model Rules have also been framed to regulate sale of acids and other corrosive substances in the schedule to the Model Poisons (Possession and Sale) Rules, 2013. List of poisons have also been provided in the schedule to the Rules, 2013. The punishment is also provided for the persons selling the poison in violations of the provisions of the Poison Act, 1919. The punishment is, for first time, imprisonment for one month and for succeeding offences it may extend to six months.
Thus, it is seen that it is not that nothing has been done on this staid and sombre issue. The matter is so penetrating and delicate, that various succours have been provided but still it is seen that these cases are very much ubiquitous in the society.
Judicial Trends
State (Delhi Administration) v. Mewa Singh 55
In this case, the accused was known to the victim. One day he passed some offensive and indecent remarks on the victim which was not liked by the victim, and her father and they admonished him. The accused became spiteful and threw acid on the victim when she was sleeping with one of her cousins on the night of 19 May. She sustained 40 per cent of burn injuries. The Sessions Court, giving benefit of doubt to the accused acquitted him. When the matter came to the High Court in appeal, the Delhi High Court reversed the judgement pronounced by the Sessions Court.
The court observed,
Given the circumstances, discarding the sworn testimony of Gita is completely unreasonable. We are convinced that Mewa Singh accused was the person who had thrown the liquid on Gita’s face and his guilt in this connection stands established.
In Devanand v. State 56
The wife of the accused, Prem Lata, had left him and was living at her parent’s place. On the fateful night, he came to her place and wanted to sleep with her which was resisted by her to which he intimidated and told her that he would throw acid on her and did what he said. He came back again with acid and threw it on her. The woman screamed due to burning sensation and pain and was taken to the hospital. Due to this horrendous act, she became blind from one eye. The court awarded him the punishment of 7 years rigorous imprisonment.
It observed,
the parties were having strained relations and about 15 days back, the accused brought Prem Lata to the house of her father and thereafter, never care for her. On the fateful night, he came to his wife at midnight but was sent away. Though at that time he may have felt hurt but he had sufficient time at his disposal to think over the consequences of his act which he had planned. The circumstances showed that he had already purchased the sulphuric acid and had all the intentions to teach a lesson to his wife. The throwing of sulphuric acid caused such a disfigurement of Prem Lata that it became impossible for her to move out in the society. She lost one eye and was in process of losing eye sight from the other. Prem lata has still to go a long way and will always be cursing herself for having been married to the accused. She has suffered much agony due to the dastardly act of the accused for which he cannot be pardoned.
57
Sabana Khatun v. State of West Bengal & Others 58
The victim in the present case suffered serious injuries due to pouring of acid in her mouth by the accused. The victim filed a writ petition in the High Court as compensation was denied to her by the Chief Secretary of West Bengal. The plea taken by the state government was that the compensation can only be awarded to the victim on the recommendation of State Legal Service Authority which was denied by the court, and it was ordered that a compensation amounting to ₹0.3 million to be awarded to the victim and her family.
Suresh Kumar @ Appu v. State 59
It was a case pertaining to rejection of marriage proposal by a woman who was a software engineer. The accused known to the victim was a construction worker and wanted to marry the woman. The proposal was rejected by her as well as her father. The complaint was also made by them to the police and the accused was reprimanded. After sometime, he threw acid on the deceased due to which she became blind from one eye. Later she died due to the infection. The Sessions Court held the accused guilty and imprisoned him for life under Section 302 in addition to 2 years imprisonment under Section 326, IPC. 60 A fine of ₹0.1 million was also ordered.
State of Maharashtra v. Ankur Panwar 61
The young woman of 23 years died due to multiple organ failure of respiratory system which got affected due to the acid attack on her. The accused Ankur Panwar who was her neighbour threw acid on her, the reason being she a successful woman and rejection of his proposal for marriage. The accused was held liable under Sections 302 62 and 326A, 63 IPC, and death penalty was awarded to him. Further, fine of ₹5,000 was also imposed on him.
State of Uttarakhand v. Ajam 64
The victim and accused were known to each other and the accused harassed the victim. On the warning given by the brother of the victim, the accused stopped coming to the victim’s house, but one day, when the victim was coming from her tuition, he threw acid on her. The High Court of Uttarakhand made accused liable under Section 307, IPC, and issued certain directions: Criminal Injuries Compensation Board for the victims of acid violence to be established by the state government; private hospitals to provide medical assistance to the victims of acid attacks; no person to sell acid without procuring license for the same. If found, FIR to be filed against such person in the offences under Sections 326A, 326B, 354A, 354B, 354C and 354D. IPC prompt registration of FIR to be done and investigation to be finished within a period of seven days and also challan to be filed in the criminal court within a period of seven days.
Maqbool v. State of UP & Others 65
In cases of acid attacks, if the injury inflicted on the victim is simple, whether Section 326A, 66 IPC, will be applicable on him.
The court observed,
Section 326A carries title of ‘voluntarily causing grievous hurt by use of acid’ whereas Section 326B does not carry any such indication in the title regarding the nature of injury as grievous. But on close analysis it can be seen that both the section provides for eight consideration types of injury—(i) permanent damage, (ii) partial damage (iii) deformity (iv) burns (v) maiming (vi) disfigurement (vii) disability (viii) grievous hurt. The first seven injuries classified based on the normal after effect of the acid whereas the eighth one is on the gravity of effect. Under Sections 326A and 326B, grievous hurt is only one of the eight injuries. If the injury referred to under Section 326A or 326B is one among the specified eight injuries, whether the seven of them be simple or grievous, special provisions are attracted.
67
The accused was held liable under Section 326A, IPC, 68 and was awarded 7 years imprisonment.
Laxmi v. Union of India
Laxmi’s case 69 has been a very landmark case with regard to acid attacks. Laxmi was born in Delhi and belonged to a middle-class family. She was attacked by three men in 2005, when she was 15 years near Tughlaq Road which is in New Delhi. The reason was her refusal to marry Naeem Khan aka Guddu. After the attack, her face and body were disfigured. PIL was filed in 2006, and it sought framing of new law or amendment to be made in IPC, CrPC and Evidence Act; compensation to be provided to her; and total prohibition on sale of acids which were easily available and could be easily procured. In the year 2013, the apex court granted plea in favour of Laxmi and Rupa. It created a set of restrictions and limitations on the sale of acid. According to the new regulations, the sale of acid is proscribed to any person who has not attained the age of 18 years. Further, before purchasing an acid, a person is required to provide a photo identity card. Compensation amount was enhanced from ₹50,000 to ₹300,000. Free treatment for the surgeries of the victim of acid attack was also ordered by the court to the government.
Although these provisions are there, still the reality is that acids are freely available in the markets; this in spite the fact that cases pertaining to acid attacks have not stopped after Laxmi, but they are mounting up and so many Laxmi’s bear the brunt of being women, who for no fault on their part are made to suffer throughout their lives.
Parivartan Kendra and Anr. V. Union of India and Ors. 70
The Supreme Court laid down that the state and union territories can even provide more compensation than ₹0.3 million as was laid under Laxmi’s case. 71
Though, in Laxmi’s case, 72 restrictions were laid down on the sale of acids, but it is a matter of ignominy that in spite so many endeavours that have been made, the poison (acid) is still easily available and accessible to men in the street, thus nullifying the decision of the court and making the life of the women melancholic and forlorn.
Conclusion
The position of women in India is very weak and feeble. Since ages, she has been made to suffer multitudinous and countless number of violence during her lifetime. Out of these incalculable number of violence, acid attack is considered to be the most horrendous and awful kind of violence where the woman is made to suffer for no blunder and blooper on her part. How far this is justified and tenable? What is their culpability? Are they not human beings? Isn’t acid attack worse and shoddier than rape? Do they not have a right to live with self-respect and serenity? Should they continue to suffer as they have been? Should society continue to pester, agonize and torment them, the way they have been doing? Do they deserve such a pathetic and wretched treatment by the society? Are the provisions in IPC sufficient to curb such a kind of violence? These and many more questions keep on cropping up and haunting us. These questions immediately require an answer. Undoubtedly, legal succours have been incorporated, but they are not sufficient to deal with this heinous and monstrous crime where the life of the woman is devastated and wrecked within fraction of seconds and that too without any fault and slip up on their part. Although amendment in IPC has been made relating to acid attack, but much needs to be done to control this hazard and peril. The offences relating to stalking and voyeurism which have been incorporated by the Criminal Law (Amendment) Act, 2013, needs to be taken solemnly. In our country, it is usually seen that laws are enacted, but implementation has been a foremost problem. The guidelines which have been issued by the Supreme Court for regulating the sale of acid need effective implementation. Regulations regarding sales of acids should be stringently and sternly executed and any gaps on part of authorities should lead to stern punitive measures. Exemplary reprimands should be there to have a deterrent effect. Apart from this, laws alone, even if they are there, wont suffice until and unless the mentality of the people is altered and transformed. We are living in the twenty-first century and still it is a male-dominating society where men are not taught to hear ‘no’ from women, where women are not allowed to defy and confront the norms that have been set by this patriarchal society, where women are not allowed to break away those old bondages and taboos that have been engrossed by the society at large. The need of the hour is to change the mindset of the people, to make men realize that women can also say ‘no’ to certain obnoxious and loathsome practices, she also has a right to be self-determined and self-assured, to live with esteem and composure, etc. Further sensitization on this staid and sombre issue is the need of the hour because people are not aware as to the sensitivity of this heinous crime, the havoc and devastation that is created in the life of the woman after such an incident takes place. Gender sensitization should also be a part of school curriculum. It should make students aware as to the repercussions and upshots of having a patriarchal and male-domineering society. Further, since the life of the woman changes after such an incident and she being in a very devastated, gloomy and depressed state, counselling can play wonders during this time. History is evident to the fact that counselling has done miracles. Thus, counsellors, psychiatrists, rehabilitative programmes be there so that she is able to come out of her despondency. It is usually seen that a person who is already a victim of acid attack and is enduring already is made to suffer fiscally also, and it makes that person literally run out of pocket undergoing the exorbitant medical treatment. The need is that primary medical facilities should be given free by state and succeeding surgeries and medicines should be made available, if not free, at least at a very affordable cost. Then, compensation schemes that have been provided should be taken solemnly and sedately and should be seen that they are easily available without any hassles and bothers. It also needs to be enhanced because surgeries and medical treatment, etc., cause lot of expenditure. Other than this, media can play a very constructive role in dispersing mindfulness amongst people about this issue. Additionally, conferences, seminars and workshops should be organized so that a number of people become aware on this sedate issue and should comprehend the agony and anguish that woman undergoes after happening of this glum incident. This will also help them to adopt her back in the society—the society which presently shuns and spurns her away. Last but not the least, it is this woman who has to fight against this oddity and comes out with valour and audacity in front of the society. Determination and resilience are the elements without which no person can succeed in any venture. It is this woman who has to come forward and believe in herself and live with courage, self-respect and equanimity.
Footnotes
Declaration of Conflicting Interests
The authors declared no potential conflicts of interest with respect to the research, authorship and/or publication of this article.
Funding
The authors received no financial support for the research, authorship and/or publication of this article.