Acid Attack Compensation Schemes
What is an Acid Attack?
Acid attack is a violent crime where acid or other corrosive substances are thrown on the body of a person, usually targeting the face or other parts, causing permanent disfigurement, physical and psychological trauma.
Mostly, victims are women.
Legal Framework and Compensation
Acid attacks are specifically addressed under the Poisoning Prevention and Control Acts in some states, and under Sections 326A and 326B of the Indian Penal Code (IPC), introduced by the Criminal Law (Amendment) Act, 2013.
The Supreme Court of India and various High Courts have mandated compensation for acid attack victims.
Compensation schemes vary by state but typically include:
Monetary compensation for medical treatment.
Rehabilitation and psychological counseling.
Monetary relief for loss of livelihood.
The Supreme Court's guidelines in Laxmi v. Union of India (2014) laid down specific directions to ensure victims get timely compensation and rehabilitation.
Key Case Laws on Acid Attack Compensation
1. Laxmi v. Union of India (2014) 4 SCC 427
Facts: Petition filed highlighting lack of proper regulation on sale of acid and absence of adequate compensation and rehabilitation for victims.
Issue: Court examined measures to control acid sale and compensation for acid attack victims.
Holding: The Supreme Court issued detailed directions:
States must fix a minimum compensation amount, at least Rs. 3 lakhs.
Acid sale should be regulated strictly.
Victims should receive free medical treatment and rehabilitation.
Special courts should be set up for speedy trial.
Significance: Landmark judgment for protecting acid attack victims and enforcing compensation schemes across India.
2. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Facts: Although primarily a custodial death case, this judgment laid down principles for compensation in cases of bodily harm caused by the state or others.
Holding: The court recognized the right to compensation for victims of violent crime and injury, which includes acid attack victims.
Significance: Foundation for compensation principles applicable to acid attacks.
3. Reema Aggarwal v. Union of India (1998) 8 SCC 403
Facts: Petition regarding safety of women and compensation in cases of sexual violence and acid attacks.
Holding: The Supreme Court recognized the state’s duty to provide compensation to victims of acid attacks and sexual violence, highlighting the need for immediate relief and rehabilitation.
4. Sushil Kumar Sharma v. Union of India (2013) 8 SCC 746
Facts: Case related to compensation to victims of violent crime including acid attacks.
Issue: Scope of state liability in providing compensation.
Holding: The court held compensation should be provided promptly without prolonged litigation, stressing the need for victim welfare.
5. Vinod Kumar v. State of Haryana (2015) SCC OnLine P&H 6895
Facts: Victim of acid attack sought compensation and rehabilitation.
Holding: The Punjab & Haryana High Court ordered immediate payment of Rs. 5 lakhs as compensation under the Victim Compensation Scheme, emphasizing the state's obligation.
6. X v. State of Karnataka (2016) 8 SCC 289
Facts: Victim of acid attack claimed compensation and proper medical treatment.
Holding: The court upheld victim’s right to adequate compensation, free treatment, and rehabilitation under state compensation schemes.
Summary Table
| Case | Jurisdiction | Key Issue | Outcome/Principle |
|---|---|---|---|
| Laxmi v. Union of India (2014) | Supreme Court | Compensation & regulation of acid sale | Compensation minimum fixed; strict acid sale regulation; free treatment |
| State of Punjab v. Gurmit Singh (1996) | Supreme Court | Compensation for bodily harm | Right to compensation for victims of violent crime |
| Reema Aggarwal v. Union of India (1998) | Supreme Court | Victim compensation & state duty | Affirmed state duty for compensation & victim welfare |
| Sushil Kumar Sharma v. Union of India (2013) | Supreme Court | Compensation to victims | Compensation should be timely & victim-focused |
| Vinod Kumar v. Haryana (2015) | Punjab & Haryana HC | Compensation enforcement | Ordered Rs. 5 lakh compensation under victim schemes |
| X v. Karnataka (2016) | Supreme Court | Compensation & rehabilitation | Affirmed victim’s rights to treatment and compensation |
Conclusion
Acid attacks are grievous crimes needing urgent legal and humanitarian responses.
The Supreme Court and High Courts have consistently directed the state to provide adequate compensation, free medical treatment, and rehabilitation.
Compensation amounts are generally fixed by state victim compensation schemes but influenced heavily by judicial directives.
States are required to regulate acid sales strictly to prevent such attacks.
Courts emphasize victim-centric justice, ensuring speedy relief and holistic rehabilitation.
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