Acid Attack Laws And Judicial Trends
๐น Definition of Acid Attack
An acid attack is a violent assault where acid or a similarly corrosive substance is thrown on a person, typically targeting the face, with the intent to disfigure, torture, or kill. Most victims are women, and the attacks are often motivated by personal revenge, rejection of proposals, or domestic conflicts.
โ๏ธ LEGAL PROVISIONS AGAINST ACID ATTACK
Until 2013, India lacked a specific law against acid attacks. However, following judicial activism and public demand:
๐ธ Sections Introduced in IPC (Post Criminal Law (Amendment) Act, 2013)
Section 326A IPC โ Voluntarily causing grievous hurt by use of acid, etc.
Punishment: Minimum 10 years, extendable to life imprisonment, and fine.
Section 326B IPC โ Attempt to throw or administer acid.
Punishment: 5โ7 years, extendable to 10 years, and fine.
Section 357C CrPC โ Mandatory medical treatment of acid attack victims by hospitals.
Section 100 IPC โ Right of private defence includes the right to cause death to prevent an acid attack.
๐งโโ๏ธ DETAILED CASE LAWS ON ACID ATTACKS
โ 1. Laxmi v. Union of India
Citation: AIR 2014 SC 1281
Facts: Laxmi, a young girl, was attacked with acid by a man whose romantic advances she had rejected.
Issue: Lack of specific law on acid attacks and easy availability of acid in the market.
Held:
Supreme Court passed important directions:
Regulate sale of acid.
Ban over-the-counter sale without ID proof.
Compensation of โน3 lakh minimum to victims by state governments.
Recognized the need for a comprehensive law for prevention and rehabilitation of victims.
This case led directly to the insertion of Sections 326A and 326B IPC.
Significance: Landmark PIL that changed the legal framework for acid attacks in India.
โ 2. Parivartan Kendra v. Union of India
Citation: AIR 2016 SC 1907
Facts: Acid attack victims from Bihar were denied proper compensation and rehabilitation.
Issue: Whether state governments are fulfilling their obligation towards victims under Laxmi guidelines.
Held:
Supreme Court criticized states for non-compliance with Laxmi directions.
Directed:
All states to provide free medical treatment.
Timely compensation under Victim Compensation Scheme.
Rehabilitation, education, and vocational training support to victims.
Significance: Reaffirmed state accountability and ensured victim-centric judicial approach.
โ 3. State of Himachal Pradesh v. Sanjay Kumar
Citation: AIR 2017 SC 2948
Facts: The accused poured acid on a young girl, leading to 45% burn injuries, including permanent disfigurement.
Issue: Determination of appropriate sentence under Section 326A IPC.
Held:
Supreme Court upheld life imprisonment.
Highlighted the irreversible impact on victimโs physical and psychological well-being.
Noted that acid attacks are โworse than murderโ as victims live with lifelong trauma.
Significance: Stressed the deterrent punishment needed in acid attack cases.
โ 4. State v. Mohd. Arif (Delhi District Court, 2015)
Facts: The accused threw acid on a woman due to her refusal to marry him.
Held:
Accused was convicted under Sections 326A and 307 IPC (attempt to murder).
Court awarded life imprisonment, noting the premeditated nature of the crime.
Victim suffered total blindness and disfigurement.
Significance: Reinforced that acid attack is a heinous crime, deserving maximum punishment.
โ 5. Sonali Mukherjee Case (Jharkhand)
Facts: In 2003, Sonali, a 17-year-old NCC cadet, was attacked with acid while sleeping on her terrace. Three men involved had allegedly harassed her earlier.
Judicial Outcome:
Accused were initially given light punishment, but due to public pressure and media coverage, the case was revisited.
Later, victims got attention for medical treatment and rehabilitation.
Significance:
This case exposed the gaps in legal protection and compensation prior to the 2013 reforms.
Led to increased media focus and advocacy on the issue.
โ 6. Devanand v. State (Madras High Court)
Facts: A spurned lover threw acid on a young girl in Tamil Nadu, causing 80% burns.
Held:
The High Court awarded double life sentences under Sections 326A and 307 IPC.
Observed that such crimes are โan affront to human dignity.โ
Significance: Demonstrated the courtโs strong stance on gender-based violence and affirmed harsh penalties.
๐ JUDICIAL TRENDS AND OBSERVATIONS
Victim-Centric Approach: Courts emphasize psychological trauma, social stigma, and medical support for survivors.
Rehabilitation and Compensation: Judiciary mandates timely and adequate state support for survivorsโ treatment, education, and livelihood.
Deterrence by Punishment: Courts have increasingly awarded life imprisonment for acid attackers to deter such heinous acts.
Legal Reforms Driven by PILs: Much of the progress in acid attack legislation stems from public interest litigation, not legislative initiative alone.
Strict Regulation of Acid Sale: Courts continue to monitor implementation of rules restricting acid sale (as per Poisons Act and Laxmi judgment).
๐ก๏ธ VICTIM RIGHTS UNDER LAW
Free and Immediate Medical Aid (Section 357C CrPC)
Right to Compensation from State
Right to Rehabilitation
Protection of Identity (Section 228A IPC)
Right to Legal Aid
โ CONCLUSION
Acid attacks are among the most brutal crimes, often driven by misogyny, ego, and personal vendetta. While the Indian judiciary has shown progressive activism in dealing with these cases, challenges remain in implementation of regulations, rehabilitation, and speedy trials.
The shift from mere penal punishment to holistic victim protection and compensation is a promising trend, with the judiciary playing a pivotal role in driving systemic change.
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