Acid attacks are a brutal form of violence, causing lifelong physical, emotional, and social consequences for victims, various steps have been taken by the legislative and the judiciary to combat these attacks.
NEW DELHI: Acid attacks represent one of the most heinous forms of violence against women, causing severe physical, emotional, and psychological trauma. The impact of such attacks extends beyond physical disfigurement, leading to social ostracization and long-term economic and psychological dependency.
Recognizing the severity of this issue, the Indian legal system has taken steps to criminalize acid attacks through the Criminal Law (Amendment) Act, 2013, which introduced specific provisions in the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC). However, despite these legal advancements, acid attacks continue to be a pressing concern.
Crime is fundamentally an offense against society, and each criminal act reflects the state’s failure to uphold and protect human rights. Crimes against women, in particular, highlight systemic gaps in law enforcement and governance. Among these crimes, acid attacks stand out due to their extreme brutality and irreversible impact on the victim.
Acid attacks involve the intentional act of throwing, spraying, or pouring acid on victims, primarily targeting their faces and bodies. The primary objective of such attacks is to permanently disfigure the victim and inflict unbearable physical and emotional pain.
The trauma is not limited to the physical damage; survivors often struggle with identity loss, social rejection, and dependency on caregivers for daily activities. In most cases, survivors face lifelong disabilities, further exacerbating their suffering.
Legal Reforms: Pre- and Post-2013 Scenario
Prior to 2013, there were no specific provisions in Indian law that recognized acid attacks as a distinct criminal offense. The Criminal Law (Amendment) Act, 2013, addressed this gap by introducing new sections in the IPC, CrPC, and Indian Evidence Act to ensure stricter penalties and improved victim support. Despite these changes, the number of acid attacks has not significantly declined, indicating a need for stronger legal enforcement and policy interventions.
Legislative Measures to Address Acid Attacks in India
The Government of India has recognized the gravity of acid attacks and has taken significant steps to prevent such incidents, ensure stringent punishment for perpetrators, and provide financial and medical assistance to victims. These legislative interventions aim to create a robust legal framework to deter acid attacks while also focusing on victim rehabilitation.
Criminal Law (Amendment) Act, 2013
One of the most notable legislative interventions was the enactment of the Criminal Law (Amendment) Act, 2013, which introduced specific provisions into the Indian Penal Code (IPC) and the Code of Criminal Procedure (Cr.P.C.) to deal with acid attacks effectively.
- Insertion of Sections 326A and 326B in IPC:
- Section 326A penalizes the act of voluntarily causing grievous hurt by the use of acid, prescribing severe punishment, including imprisonment and fines.
- Section 326B criminalizes attempts to throw or administer acid with intent to cause harm, thereby making such offenses punishable with imprisonment.
- Cognizability and Non-Bailability:
- The amendment categorized acid attacks as cognizable and non-bailable offenses, ensuring that accused persons cannot be released easily on bail and that the cases are investigated with urgency.
- Such cases are to be tried by the Court of Session, ensuring a higher level of judicial scrutiny.
- Mandatory Medical Assistance:
- The amendment introduced Sections 357B and 357C in the Cr.P.C., mandating hospitals to provide immediate first aid and medical treatment to acid attack victims.
- The state is responsible for covering the medical expenses of the victims in addition to any compensation awarded through fines imposed on the perpetrators.
Victim Compensation Mechanism
To ensure financial support for acid attack survivors, Section 357A of the Cr.P.C. mandates that every state establish a Victim Compensation Fund. The purpose of this fund is to provide monetary compensation to victims of crimes, including acid attacks.
- State-Level Compensation Schemes:
- Each state in India has adopted its own Victim Compensation Scheme (VCS), which outlines the amount of compensation victims are entitled to receive.
- The Ministry of Home Affairs (MHA) is responsible for overseeing the implementation and effectiveness of these schemes across States and Union Territories.
- Central Victim Compensation Fund (CVCF):
- In 2015, the Government of India sanctioned an initial corpus of ₹200 crore for the CVCF, which is utilized to provide financial aid to victims of heinous crimes, including acid attack survivors.
- As per this scheme, special financial assistance of up to ₹5 lakh is available to acid attack victims to help cover their medical treatment, rehabilitation, and other related expenses.
Preventive Measures to Curb Acid Attacks
Recognizing that stringent legal provisions alone may not be sufficient, the Government of India has also introduced several preventive measures to restrict access to acid and related corrosive substances.
Advisory by the Ministry of Home Affairs (2013)
On August 30, 2013, the Ministry of Home Affairs (MHA) issued an advisory to all State Governments and Union Territories outlining measures to regulate the sale and possession of acid. These measures include:
- Regulation of Acid Sale:
- Over-the-counter sale of acid is prohibited unless the seller maintains a logbook or register documenting the details of the buyer and the quantity sold.
- Only individuals above 18 years of age are allowed to purchase acid upon presenting a valid photo ID proof.
- Sellers must record the purpose for which acid is being procured.
- Stock Declaration and Penalties:
- All sellers must declare their existing stock of acid to the concerned Sub-Divisional Magistrate (SDM) within 15 days.
- If any seller is found in possession of undeclared acid, the SDM has the authority to confiscate the stock and impose a fine of up to Rs. 50,000.
- A fine of Rs.50,000 may also be imposed on any individual violating these regulations.
- Regulations for Institutions and Public Sector Entities:
- Educational institutions, research laboratories, hospitals, government departments, and public sector undertakings using acid must maintain a register of usage.
- Each entity must appoint a responsible person to oversee the safe storage and handling of acid.
- The designated official must ensure that students, employees, and personnel leaving laboratories or storage areas where acid is used are thoroughly checked to prevent unauthorized possession.
Advisory for Fast-Tracking Acid Attack Cases (2015)
To expedite the prosecution of acid attack cases and ensure swift justice for victims, the MHA issued another advisory on April 20, 2015, urging States and Union Territories to fast-track investigations and trials. The advisory emphasized:
- Strict and timely prosecution of acid attack cases.
- Specialized courts and legal provisions to handle acid attack cases within a definite time frame.
- Stronger enforcement of sale restrictions and public awareness campaigns to educate citizens about the dangers and legal consequences of acid attacks.
Judicial Approach to Acid Attacks
The Honorable Supreme Court of India has played a crucial role in addressing the issue of acid attacks by laying down significant guidelines and directives aimed at both preventing such crimes and ensuring just compensation for victims.
In the landmark case of Laxmi v. Union of India (2015) , the Supreme Court established strict regulations for the sale of acid and directed the concerned State Governments and Union Territories to provide financial assistance to acid attack survivors.
The Court mandated that victims should receive a minimum compensation of at least Rs.3 lakhs for post-attack rehabilitation. Specifically, Rs.1 lakh was to be disbursed within 15 days of the incident (or upon the government’s awareness of it) to cover immediate medical expenses. The remaining Rs.2 lakhs were to be provided within two months to aid long-term rehabilitation. Additionally, the Chief Secretaries of States and Administrators of Union Territories were held responsible for ensuring compliance with these directives.
Further strengthening the jurisprudence on this issue, the Supreme Court in Parivartan Kendra v. Union of India clarified that the decision in Laxmi v. Union of India did not impose a cap on the compensation amount. The Court emphasized that in cases where the victim suffers severe injuries, the compensation awarded could exceed Rs.3 lakhs. During the proceedings, the Court expressed disappointment at the lack of compliance by the States and Union Territories.
Despite the 2013 directive instructing the creation of a dedicated Victim Compensation Fund, only 17 States had notified their respective Victim Compensation Schemes (VCS). Even among those States, the compensation amounts varied significantly, ranging from Rs. 25,000 to Rs.2 lakhs for medical expenses, and in many instances, no provision was made for rehabilitation costs.
The Court, recognizing the gravity of the situation, noted:
“The victim of an acid attack requires lifelong treatment for the injuries sustained. A mere compensation of ₹3 lakhs is inadequate to meet the extensive medical and rehabilitation needs. Although this may place an additional financial burden on the State, preventing such crimes is fundamentally the responsibility of the State.
“Enhancing compensation serves two critical purposes: first, it provides necessary financial assistance for the victim’s recovery, and second, it pressures the State to implement regulatory measures effectively to prevent future occurrences.”
Following these directives, all States and Union Territories have now officially notified their respective Victim Compensation Schemes. However, the absence of a centralized record tracking fund disbursement has made it challenging to evaluate the effectiveness of these schemes in providing substantial relief to victims.
NCRB DATA ON ACID ATTACKS
Despite various legislative measures, judicial interventions, and administrative advisories aimed at curbing acid attacks, data from the National Crime Records Bureau (NCRB) reveals that these heinous crimes continue to rise at an alarming rate. The conviction rate remains significantly low, highlighting the urgent need for stricter enforcement of laws and a more efficient judicial process.
- In 2014, there were 137 reported cases of acid attacks under Section 326A IPC, leading to 154 arrests. However, only 135 cases were charge-sheeted, and shockingly, only 8 resulted in convictions. A total of 135 individuals were charge-sheeted, but merely 12 were convicted. For attempts under Section 326B IPC, 40 incidents were reported, 39 arrests were made, but only 23 cases went to trial, leading to just 3 convictions. That year, 146 victims suffered from acid attacks, while 41 were affected by attempted attacks.
- In 2015, the number of reported acid attack cases stood at 123, with 192 arrests made. However, only 102 cases were charge-sheeted, and a mere 7 resulted in convictions. Out of 141 charge-sheeted individuals, only 12 were convicted. For attempted attacks, 30 incidents were recorded, 37 arrests were made, and 18 cases were charge-sheeted. Unfortunately, none of these cases led to conviction. That year, the total number of victims increased to 147 for acid attacks and 30 for attempted acid attacks.
- In 2016, 167 cases of acid attacks were reported, leading to 194 arrests. While 135 cases were charge-sheeted, only 9 resulted in convictions. Of the 166 individuals charge-sheeted, merely 11 were convicted. Additionally, 46 attempted acid attacks were reported, leading to 39 arrests, but out of 31 charge-sheeted cases, only 1 led to conviction. The number of victims rose dramatically to 182 for acid attacks and 50 for attempts.
- In 2021, the number of acid attack cases decreased to 176, compared to 244 in 2017.
- In 2022, 202 acid attack cases were reported, along with 71 attempted acid attack cases.
States with the most acid attack cases
- West Bengal and Uttar Pradesh have reported the highest number of acid attack cases in the last five years.
- Delhi has been the top metropolitan city for acid attack cases in recent years.
Compensation and Support for Acid Attack Survivors
- The Ministry of Home Affairs provides compensation to victims of acid attacks. This includes:
- A one-time financial assistance of Rs.1 lakh.
- Additional compensation of Rs. 2 lakhs.
- NGO Support: The Chhanv Foundation is an NGO that helps survivors of acid attacks, who are mostly women, by providing rehabilitation, legal aid, and employment opportunities.
Legislative and Policy Measures
The Criminal Law (Amendment) Act 2013 includes provisions to increase the deterrent value against perpetrators of acid attacks. Additionally, States and Union Territories are encouraged to expedite investigations and trials of acid attack cases.
The persistent occurrence of acid attacks, despite the stringent laws and judicial directives, indicates that legal provisions alone are not sufficient. Without swift investigation and trial, merely increasing punishment may not serve as an effective deterrent. Under Section 326A IPC, the punishment for acid attacks currently ranges from a minimum of ten years to life imprisonment, whereas under Section 326B IPC, the punishment for attempts ranges from five to seven years.
Recommended Legal Reforms
- Increase the Minimum Punishment: The minimum imprisonment under Section 326A should be enhanced to fourteen years, extending up to life imprisonment. In cases of grievous injury, life imprisonment should mean imprisonment for the remainder of the convict’s natural life.
- Equalize the Punishment for Attempt and Offense: Attempting to throw acid is as heinous as committing the act itself. The distinction between punishment for actual attacks and attempted attacks should be removed. A single legal provision should cover both offenses, with a uniform minimum punishment of fourteen years up to life imprisonment.
- Fast-Track Investigation and Trials: Special fast-track courts should be designated to handle acid attack cases. A mandatory six-month timeline for completing trials should be enforced to ensure timely justice.
- Stricter Regulations on Acid Sale: Despite existing regulations, acid remains readily available. The sale of acid should be further restricted, with higher penalties for unauthorized possession and stricter tracking mechanisms.
- Comprehensive Rehabilitation Programs: Victim rehabilitation should not be limited to monetary compensation. The government should provide free medical treatment, reconstructive surgeries, psychological counseling, vocational training, and employment opportunities for survivors.
Until a strong deterrent effect is created through these measures, acid attacks will continue to plague society. Legislative reforms, judicial efficiency, and robust rehabilitation frameworks must collectively work to eradicate this menace and ensure justice for victims.
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