The Supreme Court has directed all States and Union Territories to submit details of schemes for medical treatment of acid attack survivors. The Court said the aim is to ensure survivors get timely treatment and are not denied care due to lack of funds.
The Supreme Court of India on Tuesday passed an important order regarding medical treatment and support for acid attack survivors across the country. The Court directed all State governments and Union Territories to find out whether any schemes are available for providing medical treatment to acid attack survivors in both government and private hospitals.
A Bench of Justices BV Nagarathna and Ujjal Bhuyan ordered that if any such schemes are already in place, the details must be submitted to the National Legal Services Authority (NALSA) and the NGO Acid Survivors Saahas Foundation within two weeks. The Court said that the purpose of this exercise is to make sure that acid attack survivors get proper and timely medical treatment and are not forced to suffer due to lack of financial support or government schemes.
During the hearing, the Court clearly stated,
“We are conscious that acid attack survivors require medical treatment. Insofar as medical treatment of acid attack victims is concerned, it is not known whether the States/UTs have any particular scheme for their treatment, either in government hospitals or private hospitals,”
the Court observed.
The Court further explained that the reason for asking States to provide this information is to ensure that proper schemes are created and implemented so that survivors can receive immediate medical help without delay.
The Court also took note of the legal status of acid attack survivors under disability law. It referred to the Rights of Persons with Disabilities Act, 2016, and said,
“We find that, in the Rights of Persons with Disabilities Act, 2016, acid attack victims are considered to be persons with physical disability in terms of clause (zc) of Section 2 of the said Act, which defines ‘specified disability’ to mean a disability specified in the Third Schedule.”
The PIL was filed to seek proper implementation of compensation and rehabilitation measures for acid attack survivors, especially in light of the earlier Supreme Court judgment in the Laxmi v. Union of India case, which laid down important guidelines for compensation and support for acid attack victims.
During the hearing, the counsel for NALSA informed the Court that earlier directions had already been passed to States and Union Territories to pay compensation to acid attack victims. The counsel submitted,
“I filed a very elaborate affidavit showing the compensation that’s been paid over the past three years in the last hearing. Now that most affidavits have come, I will conduct this exercise afresh and place information on record. If lordships give me about six weeks’ time, I will file a fresh affidavit, “
the counsel submitted.
However, Justice Nagarathna raised an important question and asked whether there is any proper scheme to ensure free medical treatment for acid attack victims. The petitioner’s counsel responded by pointing out that although States may claim that schemes exist, the real issue is whether the benefits of those schemes actually reach the victims.
The counsel told the Court,
“Every State will stand up and say that schemes exist. They are there. But whether they are reaching the victims is the real issue. If it is possible to have a centralised system where survivors do not have to run around, and can even apply online and access funds, it would help,”
the counsel for the petitioner submitted.
The petitioner’s counsel also shared a serious incident where a patient was denied treatment because she could not pay the required deposit amount and was sent back from the operation theatre. This highlighted the ground reality and the difficulties faced by acid attack survivors in getting immediate medical treatment.
At this stage, Justice Ujjal Bhuyan again highlighted that acid attack victims are already recognised under the disability law framework. He stated,
“Acid attack victims are included in the Schedule. Physical disability includes acid attack victims. Victims can be brought in,”
Justice Bhuyan observed.
The petitioner’s counsel further told the Court that legal provisions for compensation and support already exist under the Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), and the Bharatiya Nagarik Suraksha Sanhita (BNSS). However, the main problem is not the absence of laws, but the lack of proper implementation and access for the victims.
The counsel also reminded the Court that in the Laxmi judgment, the Supreme Court had given responsibility to NALSA and District Legal Services Authorities to ensure compensation and support for acid attack survivors. The counsel requested the Court to allow the petitioner to submit detailed suggestions to improve the system and make it more effective.
Also Read: Acid Attacks on Women: Legislative and Judicial Responses in India
After hearing all parties, the Supreme Court directed the petitioner to submit a set of suggestions before the next date of hearing so that the Court can consider passing further directions to improve medical treatment, compensation, and rehabilitation measures for acid attack survivors across India.
The matter has now been listed for further hearing on April 28. This case is significant because it focuses not only on compensation but also on immediate medical treatment and long-term rehabilitation of acid attack survivors, and the Court is trying to ensure that government schemes are not just on paper but actually reach the victims in real life.
Case Title:
Acid Survivors Saahas Foundation (NGO) v. Union of India
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