ACID ATTACKS AND THE INDIAN LAW

The Indian Penal Code remains silent as far as defining Acid Attacks is considered,
therefore it is difficult for the prosecution to put up a strong case against the culprit Currently,
the crime is booked under section 326 of The I.P.C, which deals with causing grievous hurt
by throwing of a corrosive substance etc. The scope of the definition is very narrow and does
not deal adequately deal with the issue because:
It does not cover the various kinds of injuries inflicted because of an acid attack
The section does not cover the act of administering acid attack, i.e, planning it.
the section gives a wide discretion to the courts as far as punishment is concerned
Np clear provisions for awarding compensation to the victim.

ACID ATTACKS - A GHASTLY CRIME

On examination of the various laws prevalent in different countries, we found that, while
the U.K Act provides for the setting up of a scheme, the Canadian statute sets up a Criminal
Injuries Compensation Board to dispense compensation to victims of violence.Something
worth noticing is that, even under developed countries like Bangladesh have strict
punishments like death sentence against the brutal crime.

The suggestion of the National Commission for Women for setting up a board specifically for
acid victims has also been examined by us. We however feel that since not only victims of
acid attacks but other victims of different crimes also need compensation for rehabilitation,
like victims of rape, a law should be enacted to set in place Criminal Injuries Compensation
Boards at the Centre, State and District levels in our country.

Future of Indian Law against Acid Attacks

In 2008, The Law Commission of India came out with a report on The inclusion of acid
attacks as specific offenses in the Indian Penal Code and a law for compensation for victims
of crime Here is an abstract about how an additional sub- section should be added to existing
Section 326

326 A. (i) Hurt by acid attack- Whoever burns or maims or disfigures or disables any part or
parts of the body of a person or causes grievous hurt by throwing acid on or administering
acid to that person, with the intention of causing or with the knowledge that he is likely to
cause such injury or hurt, shall be punishable with imprisonment of either description which
shall not be less than 10 years but which may extend to life and with fine which may extend
to Rs. 10 lakh. Provided that any fine levied under this section shall be given to the person on
whom acid has been thrown or administered.

CLASSIFICATION OF OFFENCE

Minimum Imprisonment of 10 years extendable upto imprisonment for life and fine
cognizable non-bailabletriable by court of sessionnoncompoundable. (ii) Intentionally
throwing or administering acid- Whoever throws acid on, or administers acid to, any person
with the intention of causing burns or maiming or disfiguring or disabling or causing grievous
hurt to that person shall be liable to imprisonment of either description for a term not less
than 5 years but which may extend to 10 years and with fine which may extend to Rs. 5 lakh.

CLASSIFICATION OF OFFENCE

1. Minimum Imprisonment of 5 years extendable upto 10 years and fine cognizable non-
bail abletriable by court of sessionnoncompoundable.

2. We further propose, for the reasons stated above, that in cases of acid attack a presumption
be incorporated in the Indian Evidence Act as Section 114B. The proposed Section 114B of
the Indian Evidence Act shall read as under.

Section 114 B: Presumption as to acid attack-If a person has thrown acid on, or administered
acid to, another person the court shall presume that such an act has been done with the
intention of causing, or with the knowledge that such an act is likely to cause such hurt or
injury as is mentioned in Section 326 A of the Indian Penal Code.

3. We propose that a law known as Criminal Injuries Compensation Act be enacted as a
separate Law by the government . This law should provide both interim and final monetary
compensation to victims of certain acts of violence like Rape, Sexual Assault, Acid Attacks
etc. and should provide for their medical and other expenses relating to rehabilitation, loss
of earnings etc. Any compensation already received by the victim can be taken into account
while computing compensation under this Act.

4. We further recommend that the distribution and sale of acid be strictly regulated and the
sale of Acid across shop counters be banned.

The same ordinance has been passed and the bill awaits approval of the parliament.


Acid attack, especially on women, have seen an alarming growth in India over the last decade.
Acid attacks are a form of violence against women, where the perpetrator splashes a person or
object with acid in order to deface or kill them. Although acid throwing, also known as vitriol
age, has been a form of violence known to be committed throughout history, there has been a
steep rise in the cases documented in recent years, particularly in certain South Asian countries.
Some of this increase has been attributed to better documentation of cases and also to the fact
that victims of attacks have begun to report an attack more often. However, there appears to be
a substantive increase in the number of acid attacks that are being committed in recent times
due to various factors. Acid attacks are seen as one of the most vicious crimes as it causes
perpetual suffering to the victim. As acid melts flesh and even the bones of a person, it causes an
unparalleled degree of pain to the victim and leaves her mutilated an d scarred as well as gives
permanent disabilities at times such as blindness.
Instances of acid attacks are no longer a rarity in India. Despite this, there are no specific laws
that deal with this heinous crime. While these attacks can be attributed to various factors such
as the social weakness of women in a male-dominated society, the situation is exacerbated by
the general neglect of the lawmakers. As acid is inexpensive and easily available, it serves as an
ideal weapon for the perpetrators. So far, there is no separate law to deal with acid attacks.
Cases are registered under sections 320 (causing emasculation and disfigurement), 322 and 325
(voluntarily causing grievous hurt) and 326 (causing grievous hurt by dangerous weapons or
means). Under these sections, the accused could be sent to jail for a period of one year to 10
years. Further, as this offence is bailable in certain situations, the punishment does not act as a
sufficient deterrent in most cases.The crime of acid attack has a gender dimension in India, with
majority of the victims being women. Men who commit these crimes are usually spurned suitors
who want to avenge their rejection. Other cases involve denial of dowry by women, robbery and
land disputes.
The violent crime of acid throwing not only inflicts horrendous physical effects, but also mental
injuries on the victim just like burning in hell for penance of sins. Almost all the victims plea for
their right to die: this crime has given rise to a number of plea for euthanasia cases too. Sonali
Mukherjee, a victim of acid attack nine years ago, has appealed to the Indian Government for
medical support for skin reconstructive surgery as well as tougher penalties on her three
assailants, who were released on bail after only three years in prison. Either that, she says, or
authorities should give her the right to kill herself.
Our legal and medical systems have also proved very weak while dealing with such cases; there
is no proper legislation and the medical facilities provided are also not proper. One of the major
problems with this type of crime, just like several other crimes against women, is that the police
does not take strong enough action when complaints are registered. Globally 1500 such cases
have been reported which has now led the governments of South Asian countries, to take a
proactive approach to the crime. In 2002, Bangladesh introduced death penalty for throwing
acid and implemented laws strictly controlling the sale of acids. In 2011, Pakistan passed a law
in the form of Acid Control and Acid Crime Prevention Bill that established tougher penalties for
an acid-attack conviction - 14 years to life behind bars and a fine of up to $11,000.
But women's rights activists are demanding greater regulation of the sale and distribution of
acid to prevent these attacks. Better rehabilitation services are also crucial for victims. After an
attack, a victim faces physical challenges which require long-term surgical treatment, as well as
psychological challenges, which demand in-depth counselling from psychologists at each stage
of physical recovery.
In an Indian famous case, the Campaign and Struggle Against Acid Attacks on Women
(CSAAAW) helped Hasina Hussain get justice after her ex-boss Joseph Rodrigues poured 1.5
litres of sulphuric acid on her when she quit her job in his company in 1999. The acid melted her
face, fused her shoulder and neck, burnt a hole in her head, merged her fingers and blinded her
for life. In 2006, the Karnataka High Court sentenced Rodrigues to life imprisonment.
The National Commission for Women (NCW) is pushing for a specific law to deal with such
cases. It has come up with a draft of the Prevention of Offences (by Acids) Act, 2008, which is
with the Union Ministry for Women and Child Development for vetting. After its approval, the
Bill will be sent to the Law Ministry before it is tabled in the Parliament to be passed as law.
Activists and lawyers also believe that a strict law needs to be in place to regulate the
procurement and sale of acid. The draft Bill proposed by the National Commission for Women
suggests that a national acid attack victims' assistance board be set up to recommend to the
government strategies for regulating and controlling the production, hoarding, import, sale and
distribution of acids.
For the first time, acid attacks have been suggested to be included under a standalone provision
in the Indian Penal Code (IPC). It has been proposed that two sections - 326A (hurt by acid
attack) and 326B (attempt to throw or administer acid) - be added to the IPC. This is a non-
bailable offence. The proposed law states that the attacker could get a jail term of 10 years to life
for causing hurt by acid. He or she could be sent to jail for up to seven years for attempting to do
so.
But lawyers say that the proposed law is not enough.The government must invoke a stringent
law on the lines of the Maharashtra Control of Organised Crime Act, where no bail is granted to
the accused if there is a prima facie case. Unless a stricter law is in place, acid attackers will
roam free and can harm the victim again. Activists point out that the proposed law has no
provisions for the protection of victims.
The new law has a provision for monetary compensation for acid victims. But lawyers fear that
passing the buck to the accused may leave the victim without any support. In many cases, the
accused belong to poor families. They will not be able to pay the compensation. There should be
an additional clause in the law making where the State should take up the responsibility of
compensating the victim if the accused fails to do so.The victim must also get financial help as
soon as possible so that a surgery can be done immediately. Some states such as Karnataka have
adopted a mechanism to pay the victim from State funds. Recently, the Delhi Government too
announced that it would pay a compensation of up to ` 3 lakh to a victim in case there is
disfigurement of the face. Thus, there is an immense need to come out with legal measures and
medical reforms by our government to help these victims.









Sonali Mukherjee is a woman from Dhanbad, India, whose face was permanently disfigured by
an acid attack in 2003 when she was 18. Her family has spent all their savings on her treatment.
Early life
Mukherjee was born in Dhanbad. She was a National Cadet Corps cadet, which she had to quit
after her attack.
Incident
In 2003, almost one and half months prior to the incident, three alleged assailants Tapas
Mitra, and his two friends Sanjay Paswan and Bhrahmadev Hajra told her that she was
aGhamandi (arrogant) person and they would teach her a lesson. Her father later complained to
the families of the three men. On 22 April, when she was asleep on the roof of her house, she
was attacked with acid and left with a burnt face and other severe injuries. Her sister was also
injured in the incident.
Aftermath
The perpetrators were sentenced to nine years in jail but were granted bail when they appealed
to the High Court. Mukherjee's family approached the court and various other authorities for
justice, including the Chief Minister of Jharkhand, multiple MPs, but she received "aashwasan
(assurances)... nothing else".
Chandidas Mukherjee, Sonali's father, later stated in an interview: "We appealed in the high
court... Nothing happened. They were sent to jail but were released soon after. Now they are
busy enjoying their lives. The law against acid attackers needs to be made tougher. Otherwise we
will have many more Sonalis."

An acid attack on Laxmi in New Delhi's busy Khan Market back in 2005 led her family to lose all
they had in a gradual turn of events. She was only 16 then. Though unlike many other survivors
of acid attacks, Laxmi got immediate help and treatment, her family ended up losing all their
finances and resources on her treatment and their fight for justice. In this landmark case, the
two accused Rakhi and Guddu were sentenced to 7 and 10 years imprisonment,
respectively.

Guddu alias Naeem Khan, with help of his brother Imran and Imrans friend Rakhi had planned
this heinous crime. Guddu had developed a one-sided liking towards Laxmi and resolved to
distort her beautiful face with acid when she did not respond to his advances.

Laxmi also filed a PIL in the Supreme Court urging for regulation on sale of acid in 2006. In her
plea, she had sought framing of a new law or amendment to the existing criminal laws like IPC,
Indian Evidence Act and CrPC for dealing with the offence, besides asking for compensation.
Laxmi's counsel Aparna Bhat had, however, invited court's attention to the Haryana scheme for
care and rehabilitation of acid attack victims under which the state government has taken upon
itself the entire responsibility for treatment and rehabilitation of acid attack victims.

But, an unfortunate incident in 2012 has left the family without the sole bread winner, as
Laxmi's father passed away in 2012. Her younger brother has been diagnosed with dysfunctional
lungs and is admitted in the hospital. Her mother spends her days looking after her ailing son.
The family survives on the little help they get from her father's former employer, for whom he
used to work as a cook. The brave acid attack fighter Laxmi even went on to learn tailoring and
beauticians work after recovering from the grave injuries, but she hasn't managed to earn any
work for these vocational skills. At Stop Acid Attacks, we wish to help this fighter to set an
example by taking charge of not just her life but even her family's survival. Laxmi celebrates her
birthday on June 1. Let us make this birthday a landmark one for her. Your contributions will be
used to set up a means of livelihood for Laxmi, may be a small parlour or a tailoring shop,
according to her will. She also wishes to work with Stop Acid Attacks as a volunteer and we
appreciate her spirit.
The Supreme Court on 22nd April 2013 expressed its displeasure over the failure of the Union
government to come up with a clear stand on framing a stringent law or making amendments to
the existing ones to deal with acid attacks, which are on the rise in the country.
She was just 15 when criminals made her a victims of acid attack. Her arms, face and other body
parts were disfigured in the acid attack. Her life got completely ruined. It was all very easy for
her attackersthey purchased acid from a general store. Sadly, criminals have easy access to
acid even today. Recently, such acid attacks have gone up, girls are dying and those who survive
wait for their death to come. But, Laxmi is determined to fight and make lives of other girls a bit
less dangerous. Responding to her PIL, The Supreme Court on Tuesday slammed the Centre for
not being "serious" about framing policy to curb the sale of acid in order to prevent acid attacks
cases.

A bench headed by Justice R M Lodha said that people are dying every day due to acid attacks
but the Centre has failed to frame a scheme despite assurance given by it on the last hearing on
April 16.

It is because of the efforts of Laxmi that the plight and struggle of acid victim has come to the
fore. Laxmi desires that sale of acid in shops should be immediately banned.

Her struggle forced government to rethink on this issue in totality. New clause has been added
to IPC which deals with acid attacks. Convict can now be sentenced to 10-years imprisonment.

Laxmi is not well, needs treatment, and her father passed away eight months back. If that was
not all, her brother is suffering with TB and undergoing treatment which requires her mother to
be with him.

In the present situation, she is the sole bread-earner for the family. She can't afford to pay for
her treatment. But despite all these hurdles, she is always present in the court during the case
hearing. She has one goalunregulated sales of acid should be banned and it should not be
available in the open market.