Acid Attacks : How Indian Laws Have Evolved To Deal With This Crime?
Live LawAcid attack is a brutal act of throwing acid or equally abrasive substance, which is a violent form of assault on a person with an intention to torture or disfigure or even to kill. Earlier, in Laxmi v. Union of India & Ors., a PIL filed by Laxmi Agarwal, acid-attack survivor, where she pleaded to frame the regulations relating to sale and purchase of acid inorder to curb attacks in India, to make new law or amend the existing laws like IPC, Indian Evidence Act, CrPC to include acid attack as a separate crime and to rehabilitate and compensate the acid attack victims, the apex court directed for: Enactment of appropriate provision for effective regulation of sale of acid in the States/Union Territories. Also, Section 357A which was inserted in the Code of Criminal Procedure 1973 vide the Code of Criminal Procedure Act, 2008, which provides for compensation to victims of crime also included victims of sexual crimes including rape, acid attacks, crime against children, and human trafficking In Piyali Dutta v. The State of West Bengal & Ors., the Calcutta High Court ruled that the victims of acid attacks prior to December 2009, i.e., the insertion of section 357A of the Code of Criminal Procedure Code, 1973 would be entitled to compensation. It was observed by the apex court in the case Suresh Chandra v. The State of West Bengal & Ors., where the appeal was filed by the brother of the deceased acid attack victim challenging an order passed by the Calcutta High Court, where the accused were acquitted of the charge under section 302 IPC. In State of Uttarakhand v. Ajam, where the offender poured acid on the victim while she was on her way back from tuition and shouted that if the victim did not belong to him, he would ruin her life, the Uttarakhand High Court issued several directions for rehabilitation of acid attack victims which includes monthly payments to the victims who have received third/fourth degree burn injuries in addition to the ex-gratia lump-sum payment and reservation in public employment in the category of physically challenged persons.