Criminal Liability For Acid Attacks And Gender-Based Violence
🔹 Legal Framework for Acid Attacks and Gender-Based Violence in India
1. The Indian Penal Code (IPC)
Section 326A – Acid attack: Punishment for voluntarily throwing acid or any substance causing grievous hurt. This section defines acid attacks as causing permanent disfigurement or disabling the victim through the use of corrosive substances.
Section 326B – Attempt to throw acid: This section criminalizes attempts to throw acid or other harmful substances with the intent to cause harm.
Section 354 – Assault or criminal force to woman with intent to outrage her modesty: Often invoked in cases of gender-based violence like harassment, groping, or stalking.
Section 498A – Cruelty by husband or his relatives: This section is crucial in cases of domestic violence and marital cruelty.
Section 376 – Rape: Criminalizes sexual assault and sets severe punishment for perpetrators of sexual violence.
2. The Protection of Women from Domestic Violence Act, 2005 (PWDVA)
Section 3 – Defines domestic violence, including physical, sexual, verbal, emotional, and economic abuse.
Section 12 – Provides the legal framework for filing complaints and securing relief from abuse, including the issuance of protection orders.
3. Acid Attack Victims (Prevention and Rehabilitation) Act, 2013
This law aims to regulate the sale of acids and other corrosive substances, making it illegal to sell acid without proper identification and documentation.
🔹 Case Law on Acid Attacks and Gender-Based Violence
**1. Laxmi v. Union of India (2014)
Citation: (2014) 4 SCC 427
Facts:
Laxmi, a young woman, was attacked with acid by two men who were angered by her rejection of their marriage proposal. The attack led to severe facial injuries, and Laxmi was left with permanent disfigurement. She filed a PIL to address the rising number of acid attacks in India and sought the regulation of acid sales.
Issue:
Whether there should be stricter regulations on the sale of acid and more stringent penalties for acid attackers.
Whether victims of acid attacks should receive adequate compensation and medical care.
Held:
The Supreme Court ruled in favor of Laxmi, holding that the sale of acids should be regulated. It directed the Government to set up rules to control the sale of acid and ensure that it is not sold without proper documentation and identification.
The Court also directed that the state should provide rehabilitation for acid attack victims, including medical treatment and financial assistance.
Section 326A of the IPC was strengthened, and it was emphasized that perpetrators should face severe punishment for such crimes.
Significance:
The case set a milestone in the fight against acid attacks, both in terms of legal protection and societal awareness. It also clarified that acid attacks are not mere acts of violence but gender-based violence, deserving harsher punishment and rehabilitation for the victims.
2. State of MP v. Munna Chouhan (2013)
Citation: (2013) 14 SCC 69
Facts:
In this case, the accused Munna Chouhan attacked a woman with acid after she rejected his proposal for marriage. The attack resulted in the woman suffering permanent disfigurement and psychological trauma.
Issue:
Whether the accused should be sentenced for life imprisonment under Section 326A of the IPC for throwing acid on the victim.
Held:
The Supreme Court convicted the accused under Section 326A, sentencing him to life imprisonment.
The Court emphasized that acid attacks are a severe form of gender-based violence, and perpetrators must face stringent punishment.
The Court also directed compensation for the victim, acknowledging the long-term physical and emotional suffering caused by such violence.
Significance:
The case reinforced the position that acid attacks are acts of gender-based violence and must be prosecuted with severe legal consequences.
It also highlighted the importance of providing victims with both legal justice and financial support for their rehabilitation.
3. Rajesh Sharma v. State of Uttar Pradesh (2017)
Citation: (2017) 3 SCC 169
Facts:
The petitioner, Rajesh Sharma, filed an appeal after being convicted for subjecting his wife to continuous cruelty and abuse, which led to her committing suicide. The case dealt with domestic violence under Section 498A of the IPC, which deals with cruelty by a husband or his relatives.
Issue:
Whether the conviction under Section 498A should be upheld, and if the domestic violence laws should be applied to cases of mental and emotional abuse.
Held:
The Supreme Court upheld the conviction under Section 498A, finding that the evidence of cruelty in the form of both physical and mental abuse was sufficient to sustain the conviction.
The Court emphasized that emotional and mental cruelty are forms of gender-based violence and should be treated with equal severity as physical violence.
Significance:
The judgment highlighted that domestic violence does not only refer to physical harm, but also mental and emotional trauma, and emphasized the protection of women from all forms of violence, including psychological abuse.
4. Pooja Sharma v. State of Haryana (2016)
Citation: (2016) 10 SCC 431
Facts:
Pooja Sharma was attacked with acid by her husband and in-laws due to their discontent with her inability to bear children. The acid attack led to severe disfigurement, and she filed a case under Section 326A of the IPC.
Issue:
Whether the accused should be punished under Section 326A for the acid attack, and if they should be liable for domestic violence under the PWDVA.
Held:
The Court convicted the husband and in-laws under Section 326A of the IPC for the acid attack, ruling that acid attacks are one of the most heinous forms of domestic violence.
The Court also ordered compensation and rehabilitation for the victim under the guidelines set forth in the PWDVA.
Significance:
The case reinforced the notion that acid attacks within domestic settings are part of gender-based violence and must be addressed under both criminal law and domestic violence protection laws.
It also underscored the victim’s right to compensation for the harm caused, highlighting the need for comprehensive support systems for victims of such violence.
5. D. K. Basu v. State of West Bengal (1997)
Citation: (1997) 1 SCC 416
Facts:
While this case primarily addresses custodial torture, it also addressed the issue of gender-based violence. The case emphasized the importance of humane treatment for all individuals, including women, and the legal duty of the state to protect individuals from violence.
Issue:
Whether there is a systematic violation of fundamental rights of women in custodial situations and how the law addresses gender-based violence.
Held:
The Supreme Court issued detailed guidelines to prevent custodial violence, noting that gender-based violence within the state apparatus, including sexual violence in custody, must be strictly controlled.
Significance:
This case contributed to the wider discourse on gender-based violence in India and emphasized the protection of women not only in domestic settings but also within institutions, especially in police custody.
🔹 Key Legal Principles from Case Law
Acid attacks are a form of gender-based violence, and perpetrators are liable under Section 326A and Section 326B of the IPC.
Victims of acid attacks are entitled to compensation, rehabilitation, and medical care, as mandated by the Supreme Court.
Domestic violence laws under Section 498A of the IPC cover both physical and mental cruelty.
Emotional, psychological, and mental abuse is recognized as a form of gender-based violence and must be treated as seriously as physical violence.
Acid attacks require severe punishment, as they cause long-term physical and emotional trauma.
✅ Conclusion
India's legal system has progressively responded to acid attacks and gender-based violence with stronger enforcement, more comprehensive laws, and mechanisms for victim support. The Supreme Court has repeatedly underscored the seriousness of these crimes, ensuring that victims receive justice, rehabilitation, and the protection of their rights under both criminal law and gender-specific laws like the Protection of Women from Domestic Violence Act.
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