Acid Attacks In India

Figure 1. Mostly, the acid attackers aim to hurt the face of the victim. Source: Unsplash.

In India, the issue of acid attack cases came to light towards the end of the decade 2000 to 2010. The rare acid attack cases rose when people resorted to this new way of satisfying their vengeance and hatred. It seemed like each acid attack case notified the people with this renewed manner of attacking the person, which in turn aggravated more cases.

There existed no specific legal provision to book the accused of such a heinous offence. The maximum legal action attracted was causing grievous hurt, with the maximum punishment for three years while the acid attack survivor's remaining life was forever ruined. She/he went through various challenges (but not limited to):

● Physical: Face disfigurement, blind eyes, skin irritation during warm summers.

● Psychological: Insomnia, depression, constant fear of assault, disability issues.

● Social and Economical: People gaze on disfigured faces, family estrangement, no marriage due to disability can bring feelings of shame to the victim.

Figure 2. With every new generation, the law keeps developing to improve the functioning of society. Source: Unsplash.

The Draft bill, namely, "Prevention of Offences(by Acids) Act 2008, India ('POA' from now on), stated in its opening statement of objectives and reasons, that 'the victim of acid attack suffers at every level of his/her life. The slow and painful death destroys the victim's physical and psychological ability. They are confined to their homes for the rest of their lives. Their family needs to bear the cost of the wide-ranging surgeries with the hope of reconstructing their damaged faces through long term and short term surgeries. One Plastic Surgery cost a minimum of Two Lakhs (2,004 GBP). Unfortunately, with all this, the victim has a little scope for rehabilitation.'

Thus, the bill was introduced to classify the acid attack as a separate and most heinous crime committed towards women. The bill also included provisions assisting the victim with medical treatment services social and, psychological and legal support to arrange and provide rehabilitation mechanisms. Unfortunately, this bill was not passed.

In 2012, the Nirbhaya Gang Rape case aggravated the urgent requirement for women's protection rights against heinous offences. In light of the countrywide protests, an ordinance was passed by the President of India in the context of recognising new offences against women with the acid attack becoming an offence under the same. Further, the discussed ordinance was incorporated in the Criminal Law (Amendment) Act, 2013. After this, the Indian Penal Code charged the attempt to throw acid for a minimum of five years and a maximum of seven years and the Commission for a minimum of ten years and a maximum of ten years. Acid Attack was made a non-bailable and non-compoundable offence. With the same amendment, specific provisions of compensation policies were added to the Indian Code of Criminal Procedure. It also included the provision, making it mandatory for any private or public institution to give immediate treatment to the acid attack victim.

Figure 3. Upholding the law does not necessarily equate to upholding justice. Source: Unsplash.

In the same year, two landmark cases were pronounced with respect to the acid attack. In 2013, Laxmi vs. Union of India, the Supreme Court of India passed an order to ban acid in shops. The strict guidelines were formulated for sale along with the license selling the acid. It was opined that the easy accessibility of acid was one reason for the increasing number of acid attacks. In 2015, Parivartan Kendra vs. Union of India and others, the focus was on rehabilitation of the victim whose face was ninety per cent burnt. It was laid down that the compensation policies were inadequate and local governments need to take steps to include the acid attack survivors in the disability list. Thus, making them eligible for the reservations provided for the disabled sections. It would help them gain employment.

With time, the acid attack issue's legal development solved the survivors' myriad problems, but the humiliation, suffering, and plight still persist. Even after the 2013 amendments, the legal battle was not much relief. To share the ground zero reality, the writer would like to share the real experience. Roopa, an acid attack survivor, explained that it was the most miserable time of her life. Her stepmother attacked her. During the court proceedings, she used to wait for hours outside the court. In summers, her skin used to bleed due to the heat. Struggling with the expenses, psychological and physical trauma of both the medical treatment and legal case, she gave up the case, and the attacker was set free.

Figure 4. Justice must not only be done, but must also be done. Source Unsplash.

There has to be a particular procedure for receiving the compensation, which again goes through slow and corrupted government machinery. The issuance of disability certificates has the same problem. The government clerk asks for bribes for the speedy issuance; if not, they humiliate the victim and delay the process. Additionally, as Roopa narrated, getting compensation includes the assessment of the police inspector and the public prosecutor, as they help in the preparation of the report. However, she was not assisted by any of the two public servants during the whole process. However, when she received the compensation, she was constantly contacted by the two people to share the compensation they claimed to have helped her get the same.

The compensation made for rehabilitation added to the plight of the sufferings of the victims. There exist numerous cases which are more grave and unfortunate than Roopa. The 2013 Amendments was considered a much-celebrated advancement, but it has failed to work efficiently. The overloaded Indian Judicial System has failed to take care of the Basic Human Right of Justice. Despite the existing strict rules, the attacker is not prosecuted for years, and the case remains unsolved for years. The 2013 ban on the sale of acid failed to see implementation. The acid is still easily available at Daily needs shops.

There are various Non-Governmental Organisations working for the cause of stopping Acid Attacks in the country. These organisations help the victims with legal, medical, educational, and financial help. Their installation has revived the hope of some of the survivors. The struggle rate has reduced and the success rate has increased. But unfortunately, the section, which cannot reach out to these organization or vice-versa, still suffer through the same trauma and sufferings.

Figure 5. Silence leads to more oppression. Source Unsplash.

As per the landmark Laxmi case, the victim compensation scheme under the Indian Criminal Procedure Code provides an amount as compensation which is not more than three lakhs (GBP). The survivors go through various plastic surgeries, undertake legal case expenses, take mental health sessions, buy costly pharmaceuticals medicines and pursue education.

Can all this be done with the amount of three lakh rupees (3,006 GPB)?

Considering one plastic surgery costs two lakh rupees (2,004 GPB) there is an urgent requirement for a better compensation scheme for acid attack survivors. The same was pointed out in Parivartan Kendra's case, but no attention has been paid yet. The government is silent about it.

Figure 6. Mental health is of prime concern. No compensation can rehabilitate him/her, if the victim cannot recover from traumas. Source: Unsplash.

When a mental health issue is of prime concern even for a fit and fine individual in the contemporary world, has anyone thought about the acid attack survivors' psychiatry issues? There needs to be an upright rehabilitation scheme for these survivors regarding adequate compensation, including all kinds of mental and physical health, education, future job opportunities, and everything else that would help them get their life back on track.

There needs to be a whole revolution in the existing laws and the Acid Attack Survivors' schemes. The government and the administration should formulate strict rules for speedy justice, timely issuance of the disability certificate and job preference at various platforms.