Latest Articles
Back
LAWS AGAINST ACID ATTACK IN INDIA
In recent times, India has witnessed a horrendous rise in vicious crime of acid attack assaults, specifically against women. An acid attack is a form of violent assault involving the act of throwing acid onto the body of another person usually a woman with an intention to disfigure, maim, harm, torture or kill. Hundreds of acid attack cases take place every year in India. Acid attack is a form of torture, cruel, inhuman and degrading treatment which makes the life of victim miserable and forlorn.
Various NGOs and human right activists have shown their concern for intimating remedial measures and relief to survivors of acid attack and the issue of curbing such a crime at source has been an exigency. On persuasion of these organisations, the Parliament of India has introduced several changes in the legislative structure in the form of amendment and introduction of new provisions for the protection of Acid attack victims.
Until recent times, there were no specific provisions in Indian legal system dealing with the heinous crime of Acid attack. With the increase in cases, law machinery was stirred up and set in motion. After the suggestions made by 226th Law Commission Report and Justice J.S Verma Committee, specific provisions dealing with acid attack crimes were introduced. By virtue of Criminal Law (Amendment Act) 2013, Section 326A and 326B were inserted in the Indian Penal Code providing punishment for acid attack and attempted acid attack making it a separate, cognizable and non-bailable offence under IPC.
Prior to the enactment of the Criminal Law (Amendment) Act, 2013 which brought in the aspects of acid attack as new offences, it was promulgated as an Ordinance by the President of India in the light of protests against the 2012 Delhi Gang Rape. The need for introducing new offences against women was recognized and as a result of that acid attack was made an offence under the Ordinance which was later incorporated in the Amendment Act.
Along with the provisions under Sections 326A and 326B, the Amendment Act, 2013 also inserted an additional clause under Section 100 which provided an exception from criminal liability by granting a right of private defence extending to cause death of a person who has committed an act of throwing or administering acid or an attempt to throw or administer acid.
Section 326A states that any person who voluntarily causes grievous hurt by act if throwing acid should be given imprisonment of not less than 10 years, which can be extended up to life imprisonment with fine. It also lays down provision regarding fine that it should be sensible to meet the therapeutic costs of the treatment of the casualty. Section 326A defines “Acid” as any substance which has acidic or corrosive character or burning nature that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
The Amendment Act of 2013 also proposed the insertion of Section 114B - Presumption as to Acid Attack in favour of the victim under Indian Evidence Act, 1972. The Constitution of India also contains provision for granting remedies and securing safe-guards against such heinous crime under the head of Fundamental Rights and DPSPs. Victims of acid attack face lifetime physical, social, psychological and economic consequences. It becomes difficult for the victims to work Thus, acid attack violates the right to life, right to employment and various other fundamental rights hence the protection is given under Article 12-35 of the Indian Constitution though it does not deal with it specifically.
National Commission for Women (NCW) in India has also taken up the work of rehablitation and providing relief to acid attack victims.The organisation has proposed draft bill: 'Prevention of offences (by Acids) Act, 2008' suggesting to set up National Acid Victim Assistance Board. Notably, in the leading case of Laxmi v. Union of India, Supreme Court laid down regulations with respect to sale of acid in India. The Court, in this case, directed the States to enact appropriate provisions for regulation of sale of acid and also rehabilitation of the acid attack victims.
Despite the fact that various actions are being taken up against the attackers, there has not been any remarkable halt visible in acid attack cases. Rather it is growing everyday and hundreds of cases go unreported every year. Our legal system needs even more stricter and stringent punishment to be associated with acid attack so that it deters the mind of every person who thinks of committing an acid attack.
