Today, On 4th December, The Supreme Court sharply criticised the prolonged delay in ensuring justice, rights, and rehabilitation for an acid-attack survivor, calling it “a mockery of the justice system.” The Court also directed all High Courts to provide details on all pending acid-attack trials.
The Supreme Court took up an important plea related to the rights, challenges, and rehabilitation of acid-attack survivors.
The matter was heard by a Bench of Chief Justice of India Surya Kant and Justice Joymala Bagchi, and the Court received direct inputs from a survivor who personally appeared to explain the long delays in her criminal trial.
During the hearing, the survivor told the Court,
“I was attacked in 2009, and the trial is still ongoing.”
After hearing this, the Chief Justice told her to take a formal step and said,
“You file an application in the PIL explaining why the trial hasn’t concluded. We will direct that the trial be held on a day to day basis.”
The survivor explained how she regained hope after many years of waiting.
She said,
“When I had completely lost hope, Dr. Parminder Kaur (District Judge) got my case reopened. That gave me hope again. Now I work for other acid-attack survivors because someone did for me.”
She also highlighted another serious concern and added,
“I also want to highlight cases where victims are forced to drink acid instead of it being thrown on them. They face similar issues they can’t walk, they have artificial food pipes and get admitted to the hospitals frequently.”
Solicitor General Tushar Mehta responded strongly to this point. He said,
“Such cases should be treated as disability.”
At this stage, the Chief Justice expressed deep concern over the system’s failure to provide timely justice. He said,
“All these matters should go before Special Courts. This delay is a mockery of the system. I am surprised that how a person survives after being made to drink acid.”
The Solicitor General agreed with the Court’s view and said,
“The accused in these cases should be dealt with the same ruthlessness.”
The Chief Justice supported this and stated,
“Absolutely. There should be no sympathy for such persons.”
After hearing all parties, the Supreme Court issued directions.
The Bench ordered,
“Issue Notice. We direct Registrar Generals of all High Courts to provide details of all pending trials concerning acid attack victims. Let us have the full picture.”
This direction is expected to help the Supreme Court understand the nationwide status of criminal trials involving acid-attack victims, many of whom continue to suffer because of delayed justice, lack of rehabilitation facilities, and severe long-term medical issues.
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.
Also Read: Acid Attacks on Women: Legislative and Judicial Responses in India
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.
Case Title: SHAHEEN MALIK V UNION OF INDIA AND ANR. W.P.(C) No. 1112/2025
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