{"id":93,"date":"2019-01-04T11:29:57","date_gmt":"2019-01-04T11:29:57","guid":{"rendered":"http:\/\/wsp15.epgpbooks.inflibnet.ac.in\/?post_type=chapter&p=93"},"modified":"2019-01-07T06:38:12","modified_gmt":"2019-01-07T06:38:12","slug":"acid-attack-part-2","status":"publish","type":"chapter","link":"https:\/\/ebooks.inflibnet.ac.in\/wsp15\/chapter\/acid-attack-part-2\/","title":{"rendered":"ACID ATTACK PART-2"},"content":{"raw":"
\u00a0\"epgp<\/a>\r\n<\/span><\/div>\r\n \r\n\r\nIntroduction<\/strong>\r\n\r\n \r\n\r\n\u201cGrowing Challenge Before Women and Society\u201d\r\n\r\n\u201cLegal Impact\u201d\r\n\r\n \r\n

Victim Compensation Scheme<\/strong><\/p>\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n
Name of\r\nState\/UT<\/span><\/td>\r\nName of\r\nScheme<\/span><\/td>\r\nYear of\r\nInceptio\r\nn of the\r\nScheme<\/span><\/td>\r\nAmount of Compensation<\/span><\/td>\r\nTime Frame\r\nof\r\nCompensati\r\non Fund\r\nRelease <\/span><\/td>\r\nOthers<\/span><\/td>\r\n<\/tr>\r\n
Bihar<\/span><\/td>\r\nBihar\r\nVictim Compensation Scheme<\/span><\/td>\r\n2011<\/span><\/td>\r\n- Loss of Life Rs.\r\n1,00,000<\/span>\r\n-Injuries after an acid attack Rs.\r\n25,000<\/span>\r\n-Loss of limb or\r\ninjury causing\r\nsevere mental\r\nagony to women\r\nand child victims\r\nRs. 25,000<\/span>\r\n-Grievous Hurt as defined in section 320 of the IPC, 1860 Rs. 25,000<\/span><\/td>\r\nWithin 2\r\nmonths <\/span><\/td>\r\nFree immediate\r\nmedical aid on\u00a0recommendation of the Deputy Commissioner of District Legal Service Authority<\/span><\/td>\r\n<\/tr>\r\n
Goa<\/span><\/td>\r\nGoa Victim\r\nCompensati\r\non-on\r\nScheme<\/span><\/td>\r\n2012<\/span><\/td>\r\n- In case of death\r\nof the sole\r\nearning member\r\nof the family\r\nwhere children\r\nare minors and\/or\r\nunemployed up to\r\nRs. 2,00,000<\/span>\r\n- In case of death\r\nof non-earning\r\nmember up to Rs\r\n25,000\/-<\/span>\r\n- Loss of any Limb\r\nor part of the\r\nbody resulting in\r\n80% disability\r\nincluding acidattack up to Rs.\r\n50,000\/-<\/span>\r\n- Loss of any Limb\r\nor any part of\r\nbody resulting in\r\n40% and below\r\n80% disability\r\nincluding acid\r\nattack up to Rs.\r\n25,000\/-<\/span>\r\n- Loss of Limb or\r\npart of the body\r\nresulting in 40%\r\ndisability\r\nincluding acid\r\nattack up to Rs.\r\n10,000\/-<\/span>\r\n- In case of injury\r\ncausing severe\r\nmental agony to\r\nwomen and\r\nchildren up to Rs\r\n10,00,000\/-<\/span>attack up to Rs.\r\n50,000\/-<\/span>- Loss of any Limb\r\nor any part of\r\nbody resulting in\r\n40% and below\r\n80% disability\r\nincluding acid\r\nattack up to Rs.\r\n25,000\/-<\/span> \r\n\r\n- Loss of Limb or\r\npart of the body\r\nresulting in 40%\r\ndisability\r\nincluding acid\r\nattack up to Rs.\r\n10,000\/-<\/span>\r\n\r\n \r\n\r\n- In case of injury\r\ncausing severe\r\nmental agony to\r\nwomen and\r\nchildren up to Rs\r\n10,00,000\/-<\/span><\/td>\r\nWithin 2\r\nmonths\r\nfrom the\r\ndate of\r\nfiling the\r\ncomplaint<\/span><\/td>\r\nImmediate\r\nmedical benefits\r\nto be made\r\navailable free of\r\ncost<\/span><\/td>\r\n<\/tr>\r\n
Gujarat<\/span><\/td>\r\nGujarat\r\nVictim\r\nCompensati\r\non Scheme<\/span><\/td>\r\n2013<\/span><\/td>\r\n\r\n
- Loss of Life Rs.<\/span><\/div>\r\n
1,50,000<\/span><\/div>\r\n
\u00a0<\/span><\/div>\r\n
- Loss of any limb<\/span><\/div>\r\n
or part of body<\/span><\/div>\r\n
resulting in 80%<\/span><\/div>\r\n
or above handicap<\/span><\/div>\r\n
Rs. 1,00,000<\/span><\/div>\r\n
\u00a0<\/span><\/div>\r\n
\r\n\r\n- Loss of any limb\r\nor part of body\r\nresulting above\r\n40% and below\r\n80% handicap Rs.\r\n50,000<\/span>\r\n\r\n \r\n\r\n- Permanent\r\ndisfigurement of\r\nhead or face by\r\nacid (in case of\r\nacid attack on\r\nwomen) Rs.\r\n1,00,000\/-<\/span>\r\n\r\n \r\n\r\n- Assault on women\r\ndisfiguring her\r\nface or any part\r\nof body by acid or\r\nany other weapon\r\nRs. 50,000\/-<\/span>\r\n\r\n \r\n\r\n- In case of injury\r\ncausing severe\r\nmental agony to\r\nwomen and\r\nchildren Rs.\r\n25,000\/-<\/span>\r\n\r\n \r\n\r\n- Rehabilitation Rs.\r\n50,000\/-<\/span>\r\n\r\n<\/div><\/td>\r\n
Within two\r\nmonths <\/span><\/td>\r\nImmediate firstaid facility or\r\nmedical benefits\r\nto be made\r\navailable free of\r\ncost.<\/span><\/td>\r\n<\/tr>\r\n
Haryana<\/span><\/td>\r\nHaryana\r\nVictim\r\nCompensation-on\r\nScheme<\/span><\/td>\r\n2013<\/span><\/td>\r\n- Loss of life Rs. 1-\r\n3 lakhs<\/span>- Loss of any limb or part of body\r\n(80%) including\r\nloss due to acid\r\nattack Rs. 50,000\r\nto 2,00,000<\/span>- Loss of any limb\r\nor part of body\r\n(50%) including\r\nloss due to acid\r\nattack Rs. 25,000\r\nto 1,00,000<\/span><\/td>\r\nwithin two months<\/span><\/td>\r\nImmediate firstaid facility or\r\nmedical benefits to be made\r\navailable free of\r\ncost.\u00a0<\/span><\/td>\r\n<\/tr>\r\n
Himachal\r\nPradesh<\/span><\/td>\r\nHimachal\r\nPradesh\r\n(Victim of\r\nCrime)\r\nCompensati\r\non Scheme<\/span><\/td>\r\n2012<\/span><\/td>\r\n- In case of death\r\nor disability equal\r\nto or more than\r\n80% Rs.\r\n1,00,000\/-<\/span>- In case of acid\r\nattack Rs.\r\n50,000\/-<\/span>- In case of loss of\r\nlimb etc. where\r\nthe permanent\r\ndisablement is\r\nequal to or more\r\nthan 40% but less\r\nthan 80% Rs.\r\n50,000\/-<\/span>- In case of\r\ngrievous hurt Rs\r\n25,000\/-<\/span><\/td>\r\nWithin 60\r\ndays<\/span><\/td>\r\n\u00a0Immediate\r\ninterim aid\r\nfacility or medical\r\nbenefit to be\r\nmade available\r\nfree of cost<\/span><\/td>\r\n<\/tr>\r\n
Jammu &\r\nKashmir<\/span><\/td>\r\nJammu &\r\nKashmir\r\nVictim\r\nCompensati\r\non Scheme<\/span><\/td>\r\n2013<\/span><\/td>\r\n- Loss of Life Rs.\r\n2,00,000<\/span>- Acid victims Rs.\r\n2,00,000 to\r\n3,00,000<\/span>- Loss of any limb\r\nor part of body\r\nresulting in 40%\r\nand below 80%\r\nhandicap Rs.\r\n1,50,000<\/span>- Injury causing\r\nsevere mental\r\nagony to women\r\nand children Rs.\r\n1,00,000<\/span>\u00a0<\/span><\/td>\r\nwith in two months<\/span><\/td>\r\nImmediate first\r\naid facility or\r\nmedical benefits\r\nto be made\r\navailable free of\r\ncost or any other\r\ninterim relief as it\r\nmay deem fit. <\/span><\/td>\r\n<\/tr>\r\n
Manipur<\/span><\/td>\r\nManipur\r\nVictim\r\nCompensati\r\non-on\r\nScheme<\/span><\/td>\r\n2011<\/span><\/td>\r\n- Loss of life Rs.\r\n1,00,000<\/span>- Loss of any limb\r\nor part of body\r\nresulting in 80%\r\nor above\r\ndisability Rs.\r\n50,000<\/span>- Acid Attack Rs.\r\n50,000<\/span>- Rehabilitation Rs.\r\n20,000<\/span>- Loss of any limb\r\nor part of body resulting in below\r\n40% disability\r\nRs. 10,000<\/span>- Loss or injury\r\ncausing severe\r\nmental agony to\r\nwomen and child\r\nvictims Rs.\r\n10,000<\/span>\u00a0<\/span><\/td>\r\nwith in two months<\/span><\/td>\r\n\u00a0<\/span><\/td>\r\n<\/tr>\r\n
Meghalaya<\/span><\/td>\r\nMeghalaya\r\nVictim\r\nCompensati\r\non-on\r\nScheme<\/span><\/td>\r\n2011<\/span><\/td>\r\n- Loss or injury\r\ncausing severe\r\nmental agony to\r\nwomen and child\r\nvictims Rs.\r\n25,000<\/span><\/td>\r\nwith in 2 months<\/span><\/td>\r\nImmediate\r\ninterim aid\r\nfacility or medical\r\nbenefit to be\r\nmade available\r\nfree of cost<\/span><\/td>\r\n<\/tr>\r\n
Punjab<\/span><\/td>\r\nSee\r\n\u201cHaryana\r\nVictim\r\nCompensati\r\non-on\r\nScheme<\/span><\/td>\r\n2013<\/span><\/td>\r\n- Loss of life Rs. 1-\r\n3 lakhs\r\n<\/span>- Loss of any limb\r\nor part of body\r\n(80%) including\r\nloss due to acid\r\nattack Rs. 50,000\r\nto 2,00,000\r\n<\/span>- Loss of any limb\r\nor part of body\r\n(50%) including\r\nloss due to acid\r\nattack Rs. 25,000\r\nto 1,00,000 <\/span><\/td>\r\nwith in 2 months<\/span><\/td>\r\nImmediate firstaid facility or\r\nmedical benefits\r\nto be made\r\navailable free of\r\ncost. <\/span><\/td>\r\n<\/tr>\r\n
Tamil Nadu<\/span><\/td>\r\nTamil Nadu\r\nVictim\r\nCompensati\r\non Scheme<\/span><\/td>\r\n2013<\/span><\/td>\r\nLoss of life (due\r\nto acid attack) up\r\nto Rs. 3,00,000<\/span>- Loss of any limb\r\nor part of body\r\n(more than 80%)\r\nup to Rs. 2,00,000<\/span>- Loss of any limb\r\nor part of body\r\n(More than 50%)\r\nup to Rs. 1,00,000<\/span>- Loss or injury\r\ncausing severe\r\nmental agony to\r\nwomen and\r\nchildren up to Rs.\r\n1,00,000<\/span>\u00a0<\/span><\/td>\r\nwithin two months<\/span><\/td>\r\nState or the\r\nDistrict Legal\r\nService Authority\r\nshall ward an\r\ninterim relief of\r\nRs. 3,00,000 to\r\nthe acid attack\r\nvictim under subsection (6) of\r\nSection 357 (A)\r\nof the code, as the\r\nafter-care and\r\nrehabilitation\r\ncost. <\/span><\/td>\r\n<\/tr>\r\n
Tripura<\/span><\/td>\r\nTripura\r\nVictim\r\nCompensati\r\non-on\r\nScheme<\/span><\/td>\r\n2012<\/span><\/td>\r\n- Loss of life up to\r\nRs. 1,00,000\r\n<\/span>- Loss of limb or\r\nother permanent\r\ndisability up to\r\nRs. 75,000 <\/span><\/td>\r\nwith in two months<\/span><\/td>\r\nImmediate first\r\naid facility or\r\nmedical treatment\r\nto be made\r\navailable free of\r\ncost. <\/span><\/td>\r\n<\/tr>\r\n
Uttar Pradesh<\/span><\/td>\r\nUttar\r\nPradesh\r\nVictim\r\nCompensati\r\non-on\r\nScheme <\/span><\/td>\r\n\u00a0<\/span><\/td>\r\n- Acid Attack up to\r\nRs. 3,00,000\r\n<\/span>- Severe trauma\r\ncaused by\r\nphysical\r\ndisability Rs.\r\n1,00,000<\/span><\/td>\r\n\u00a0<\/span><\/td>\r\n\u00a0<\/span><\/td>\r\n<\/tr>\r\n
West Bengal<\/span><\/td>\r\nWest\r\nBengal\r\nVictim\r\nCompensati\r\non-on\r\nScheme<\/span><\/td>\r\n2012<\/span><\/td>\r\n- Loss of Life Rs. 2\r\nLakhs\r\n- Loss of limb or\r\nany part of the\r\nbody resulting in\r\nabove 80%\r\nhandicap Rs.\r\n50,000<\/span>- Loss of limb or\r\nany part of the\r\nbody resulting in\r\nabove 40% and\r\nbelow 80%\r\nhandicap Rs.\r\n20,000<\/span>\r\n
- Rehabilitation Rs.<\/span><\/div>\r\n
20,000<\/span><\/div>\r\n
\u00a0<\/span><\/div>\r\n
- Loss of limb or<\/span><\/div>\r\n
any part of the<\/span><\/div>\r\n
body resulting in<\/span><\/div>\r\n
less than 40%<\/span><\/div>\r\n
handicap Rs.<\/span><\/div>\r\n
10,000<\/span><\/div>\r\n
\u00a0<\/span><\/div>\r\n
- Loss or injury to<\/span><\/div>\r\n
child victims Rs.<\/span><\/div>\r\n
10,000<\/span><\/div>\r\n\u00a0<\/span><\/td>\r\n
with in six months<\/span><\/td>\r\nImmediate first\r\naid facility or\r\nmedical treatment\r\nto be made\r\navailable free of\r\ncost<\/span><\/td>\r\n<\/tr>\r\n
Union Territory \r\n<\/span>\r\n<\/span>\r\n<\/span><\/span>\u00a0<\/span>\r\n<\/span>\r\n<\/span><\/td>\r\n<\/tr>\r\n
Delhi NCT<\/span><\/td>\r\nDelhi\r\nVictim\r\nCompensati\r\non-on\r\nScheme<\/span><\/td>\r\n2011<\/span><\/td>\r\n- Loss of life Rs. 3\r\nto 5 lakhs- Victims of Acid\r\nAttack Rs. 50,000\r\nto 3,00,000- Loss of any limb\r\nor part of body\r\nresulting in 80%\r\npermanent\r\ndisability or\r\nabove Rs. 2 to 3\r\nlakhs.- Loss of any limb\r\nor part of body\r\nresulting in above\r\n40% and below\r\n80% permanent\r\ndisability Rs.\r\n1,00,000 to\r\n1,50,000- Loss of any limb\r\nor part of body\r\nresulting in above\r\n20% and below\r\n40% permanent\r\ndisability Rs. 60,000 to\r\n1,00,000- Loss of any limb\r\nor part of body\r\nresulting in below\r\n20% permanent\r\ndisability Rs.\r\n50,000- Rehabilitation Rs.\r\n20,000\u00a0<\/span><\/td>\r\n-75% of the\r\ncompensatio\r\nn shall be\r\nput in a\r\nfixed\r\ndeposit for a\r\nminimum\r\nperiod of 3\r\nyears and\r\nthe\r\nremaining25\r\n% shall be\r\navailable for\r\nutilization\r\nand initial\r\nexpenses by\r\nthe victim.\r\nIn the case\r\nof a minor,\r\n80% of the\r\namount of\r\ncompensatio\r\nn-n so\r\nawarded,\r\nshall be\r\ndeposited in the fixed\r\ndeposit\r\naccount and\r\nshall be\r\ndrawn only\r\non\r\nattainment\r\nof the age of\r\nmajority,\r\nbut not\r\nbefore three\r\nyears of the\r\ndeposit<\/span><\/td>\r\nImmediate firstaid facility or\r\nmedical benefits\r\nor any other\r\ninterim relief, as\r\ndeemed\r\nappropriate, to be\r\nmade available\r\nfree of cost. <\/span><\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\n \r\n\r\nBrief of the Important Cases of Supreme Court and High Courts<\/strong>\r\n
\r\n
    \r\n \t
  1. Laxmi, an acid attack survivor from New Delhi, filed this PIL in the Supreme Court to control the sale of acid, to ensure compensation for survivors, and to guarantee access to medical care for survivors. The PIL has resulted in several groundbreaking orders regulating the sale of acid and setting minimum compensation for survivors. The petition also inspired a comprehensive Law Commission of India report, \u201cThe Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a law for Compensation for Victims of Crime.\u201d All activists working on acid violence should study this report and the proceedings in this case.<\/li>\r\n<\/ol>\r\n \r\n\r\nFacts of the Case<\/strong>\r\n\r\n \r\n

    A young girl with big dreams, chirpy, confident, beautiful, is walking to her workplace from her home, which is a mile away. As she reaches halfway, she hears her name being called out, and turns to see who the caller is. She sees two people on a motorbike and walks towards them. The girl on the pillion is familiar and the man riding the bike is known to her. He wanted to marry her\u00a0and she had declined. As she reaches them, the girl hurls some liquid on her. She experiences excruciating pain, a burning sensation and falls on the street. She had experienced a gruesome acid attack. Her face, her chest and arms were burnt beyond recognition and she was in tremendous pain. It has taken many painful corrective surgeries for her to partially heal and she will never look the same again. This is Laxmi.<\/span><\/p>\r\n \r\n

    A criminal case of attempt to murder was registered and those two persons on the bike have been convicted by a Court in Delhi. When the man went in appeal, to the Delhi High Court, the High Court ordered that she should be ordered a compensation of Rs.3 lakhs which has now been paid to her.<\/span><\/p>\r\n \r\n

    The battle with the law was anything but smooth. While Laxmi had the support both legally and financially throughout her battle, the way the case panned out drew one\u2019s attention to the glaring deficiencies in the law. The first shock came when Naheem Khan, who was one of the main persons involved in the attack, easily got bail from the Court. It was then that it became clear that as long as an acid attack is not classified as a separate offence, persons attacking with acid would easily take bail as the judge hearing the application for bail would not be aware of the gruesome nature of the crime. The easy availability of acid and the huge costs associated with the corrective surgeries that become necessary are other huge problems that a victim faces. In 2006, Laxmi, with the help of her parents, her father\u2019s employer Shireen Jeejeebhoy (who has fully paid for the treatment) and her lawyer filed a petition in the Supreme Court of India.<\/span><\/p>\r\n\r\n<\/div>\r\n

    \r\n\r\n \r\n\r\nWrit Petition (Crl.) No(s). 129 of 2006\r\n\r\n \r\n\r\nLaxmi (Minor) Thr. Her father --- petitioner(s)\r\n\r\n \r\n\r\nVersus\r\n\r\n \r\n\r\nUnion of India & Ors \u2013 Respondent(s)\r\n\r\n \r\n\r\nOrder of the Court<\/strong>\r\n\r\n \r\n

    The petitioner\u2019s counsel submitted that to combat acid attacks the Government of Bangladesh has introduced a specific provision in the IPC (sec. 326A) relating to acid attacks apart from framing an Acid (Control) Order to regulate and restrict the sale of acid. She stated that it has also formulated a scheme for treatment and rehabilitation. She may make available the said material to the Learned Additional Solicitor General appearing for the Union of India. We are informed that the National Commission of Women and Law Commission of India are in the process of preparing proposal schemes\/ drafts legislatio n to save innocents from acid attacks.<\/span><\/p>\r\n \r\n

    Learned Additional Solicitor General submitted that the Government of India would look into several aspects of the problem, consider the suggestion and formulate procedures to curtail and regulate the sale of acid\/ corrosive substances across the country. He also submitted that the feasibility of making appropriate amendments to existing laws will be considered.<\/span><\/p>\r\n \r\n

    11th February 2011 (Ordering the Union of India to develop schemes for survivors, to limit the sale of acid, and to give effect to Section 357 of the IPC):<\/span><\/p>\r\n\r\n<\/div>\r\n

    \r\n\r\n \r\n\r\nOrder of the Court<\/strong>\r\n\r\n \r\n

    One of the prayers in this writ petition is to issue a direction to the respondents to make appropriate amendment in the India Penal Code and Criminal Procedure Code for dealing with acid attacks. A direction to frame, in regard to prosecutions of acid throwers, and rehabilitation of acid attack victims (by providing proper treatment, after-care and rehabilitation of victims of acid attacks).<\/p>\r\n \r\n

    The Union of India, Law Commission of India and the National Commission for Women were the three respondents in the writ petition. On 30.10.2009, notices were issued to six States\u00a0namely, Maharashtra, Karnataka, Tamil Nadu, Andhra Pradesh, Haryana and NCR of Delhi, where there are a considerable number of acid attacks.<\/span><\/p>\r\n\r\n<\/div>\r\n

    \r\n\r\n \r\n

    During the pendency of this writ petition, the code of Criminal Procedure, 1973 has been amended and Section 357A has been inserted by Act 5 of 2009 which requires every State Government, in coordination with the Central government, to prepare a scheme for providing funds for the purpose of compensation to the victims or their dependants who have suffered loss or injury. Though the said section has come into effect on 31.12.2009 and more than a year has elapsed, we are informed that no schemes have been formulated by any of the State Governments.<\/p>\r\n \r\n\r\nIn these circumstances, we issue the following directions:\r\n

      \r\n \t
    1. Let notice be issued to other remaining States and Union Territories.<\/li>\r\n \t
    2. The State Governments, in co-ordination with the Central Government shall prepare a scheme as provided in Section 357A for the purpose of providing compensation to victims of crimes, in particular, acid attack victims.<\/li>\r\n \t
    3. The Home Ministry, Government of India shall coordinate with the States\/ U.Ts to give effect to Section 357A, in particular, with reference to acid attack victims.<\/li>\r\n \t
    4. As one of the matters of concern in regard to acid attacks is the free availability of acids, the Central Government and Staff Governments may also consider making appropriate provision for regulation of sale of acids so that it is not easily or readily available to offenders.<\/li>\r\n<\/ol>\r\n \r\n

      31 August 2012 (Order to the Secretary of Home Affairs to meet with Chief Secretaries of States to regulate the sale of acid):<\/p>\r\n \r\n\r\nOrder of the Court<\/strong>\r\n\r\n \r\n

      On behalf of Union of India, an affidavit has been filed by Shri J.L. Chugh, Joint Secretary (Judicial) in Ministry of Home Affairs.<\/p>\r\n \r\n

      i. In the above affidavit, it is stated that Criminal Law Amendment Bill, 2012 has bee n approved by the <\/span><\/p>\r\n

      Cabinet on July 19, 2012 which has the proposal for insertion of Section 326A and 326B in the Indian Penal <\/span><\/p>\r\n

      Code for making the acid attack a specific offence.<\/span><\/p>\r\n \r\n

      ii. Mr. Mohan Parasaran, learned Additional Solicitor General appearing for the Union of India submits that <\/span><\/p>\r\n

      since the present Parliament Session shall expire on September 7, 2012, it is unlikely that the above bill is <\/span><\/p>\r\n

      introduced in the Parliament in this Session. However, he submits that the above Bill will be introduced in <\/span><\/p>\r\n

      the Parliament in the ensuing Winter Session.<\/span><\/p>\r\n\r\n<\/div>\r\n

      \r\n\r\n \r\n

      iii. Ms. Aparna Bhat, learned counsel for the petitioner is satisfied with the above statement of the learned A<\/p>\r\ndditional Solicitor General.\r\n\r\n \r\n

      iv. In the order dated February 11, 2011, this Court, inter alia, observed that as one of the matters of concern<\/p>\r\n

      in regard to acid attacks is the free availability of acids, the Central Government and State Governments may<\/p>\r\n

      also consider making appropriate provision for regulation of the sale of acid so that it is not easily or readily<\/p>\r\n

      available to offenders.<\/p>\r\n \r\n

      v. Mr. Mohan Parasaran submits that regulation of the sale of acid is a State Subject and appropriate<\/p>\r\n

      provisions for regulation of sale of acid have to be made by the State Governments. He, however, submits<\/p>\r\n

      that the Ministry of Home Affairs shall convene a meeting of the Chief Secretaries\/ concerned Secretaries of<\/p>\r\n

      the State Governments and the Administrators of the Union Territories for evolving a consensus in regard to<\/p>\r\n

      the regulation of sale of acid in the States\/ Union Territories.<\/p>\r\n \r\n

      vi. Learned counsel for the petitioner invited our attention to the Notification issued by the State of Sikkim<\/p>\r\n

      amending Sikkim Trade License and Miscellaneous Provision Rules, 2011 by inserting sub-rule 17A in said<\/p>\r\n

      Rules.<\/p>\r\n \r\n\r\nvii. In our view, the suggestion of Mr. Mohan Parasaran, learned Additional Solicitor General appears to be\r\n\r\nproper.\r\n\r\n \r\n

      viii. Let the Home Secretary, Ministry of Home Affairs, Government of India convene a meeting of the Chief<\/p>\r\n

      Secretaries \/ concerned Secretaries of the State Governments and the Administrators of\u00a0the Union <\/span><\/p>\r\n

      Territories to discuss the enactment of the appropriate provision for effective regulation of sale of acid in <\/span><\/p>\r\n

      the States\/ Union Territories.<\/span><\/p>\r\n\r\n<\/div>\r\n

      \r\n\r\n \r\n\r\nix. Let the matter come up for consideration on November 9, 2012.\r\n\r\n \r\n\r\nx. In the meanwhile, the Chief Secretaries of the States of Maharashtra, Karnataka, Andhra Pradesh,\r\n\r\nHimachal Pradesh, Uttarakhand, Arunachal Pradesh, Meghalaya, Nagaland, Goa, Punjab, Gujarat, Jammu &\r\n

      Kashmir, Madhya Pradesh, Chhattisgarh, Kerala, West Bengal, Tamil Nadu, Jharkhand and Administrators of<\/p>\r\nUnion Territories of Dadra, Nagar Haveli, Andaman & Nicobar and Chandigarh shall ensure that the\r\n\r\nresponses\/affidavits of compliance are filed on behalf of the respective State Governments\/ Union\r\n\r\nTerritories within eight weeks from today.\r\n\r\n \r\n\r\nInternational Law:<\/strong>\r\n\r\n \r\n\r\nComparative Law<\/strong>\r\n\r\n \r\n

      Acid Attacks have been reported in every region of the world, with particularly high incidence in South Asia and in South Asian communities. Most states punish acid violence under the existing norms prescribed for violent crime or gender-based crime (e.g., attempted murder, assault, domestic violence.)<\/p>\r\n \r\n\r\nAfghanistan<\/strong>\r\n\r\n \r\n

      In Afghanistan, perpetrators of acid violence target women and girls who dress \u201cimmodestly\u201d or fail to wear the hijab1. Religious extremists have also used acid as a weapo n to terrorize girls who attend school. Afghanistan\u2019s elimination of violence against Women law (EVAW 2009) specifically criminalizes acid attacks and includes a 10-year life sentence for convicted attackers. Implementation of the EVAW has stalled and in 2013 the United Nations found that \u201cAfghan authorities need to do more to build on the gains made so far in implementing the EVAW law\u201d<\/p>\r\n \r\n

      Pakistan<\/strong><\/p>\r\n \r\n

      A large percentage of acid attacks in Pakistan occur in the context of domestic violence between married couples or when women and girls have \u201cshamed\u201d their families. The Lower House of Parliament unanimously passed the 2011 Acid Throwing Crime Bill, which includes a sentence of 14 years to life and prison and a fine of 1 core Pakistani Rupees. Under the new law, the conviction rate has increased from 6 percent to 18 percent. In addition to the Bill, the Supreme Court of Pakistan has been a strong force in combating acid attacks and ensuring justice. At the same time, critics have noted that the Bill does not ensure compe nsation to survivors and the patriarchal2 attitudes prevalent in the police force and Judiciary creates barriers to ensuring justice for survivors.<\/span><\/p>\r\n\r\n<\/div>\r\n

      \r\n\r\n \r\n\r\nUganda<\/strong>\r\n\r\n \r\n

      Perpetrators of acid violence in African countries target both men and women. In Uganda, for example, women comprise 57 percent of acid attack victims. The primary reported reasons for attacks - \u201crelationship conflicts\u201d \u2013 mirror the Asian context. Property and business disputes also motivate acid violence in Uganda. A number of laws including the National Environment Act, the Control of Agricultural Chemicals Act, No. 1 of 2007, and the East African Community Customs Management Act No. 1 of 2005 regulate the sale of acid and chemicals in Uganda.<\/p>\r\n \r\n\r\nCambodia<\/strong>\r\n\r\n \r\n

      In Cambodia, men comprise about 50 percent of acid attack survivors. In December 2011, Cambodia enacted The Law on Regulation of Concentrated Acid, which includes the maximum sentence of 30 years. The Acid Attack Law limits the sale of acid, but like other laws on acid violence, Cambodia\u2019s Acid Attack Law fails to provide adequate guarantees for medical or rehabilitative services for survivors. Cambodia sentenced the first person under the law in January 2013- 2 years after enacting the law- illustrating the need of greater implementation and state action. Moreover, the limits on the sale\/transport of acid have not been finalized and activists have called for ensuring the sub-decree on the sale and transportation of acid. The Cambodian Acid Survivors Charity (CASC) Reports that a litre of battery acid still sells for Rs. 50 on the streets. Finally, while the Acid Attack Law, includes measures for free medical\u00a0treatment at Government health facilities and free Legal Assistance of State, Acid Attack Survivors have not yet benefitted from these guarantees. Even with the shortcomings in the law, CASC Reports a \u201c60 percent drop in the number of acid burn cases (from 25 cases in 2011 to only 15 cases in 2012),\u201d showing the impact of strong acid violence legislation.<\/span><\/p>\r\n\r\n<\/div>\r\n

      \r\n\r\n \r\n\r\nBangladesh:<\/strong>\r\n\r\n \r\n

      Bangladesh consistently reports the highest incidence of acid attacks in the world. Acid violence in Bangladesh disproportionally impacts women, who comprise 82 present of survivors and victims\u2019. Like in India, most perpetrators in Bangladesh attack women as a result of refused marriage proposals or sexual advances. In 2002, the government of Bangladesh enacted two laws to curb acid violence, the Acid Crime Control Act and Acid Crime Prevention Act. These laws represent the most comprehensive legislative action on acid attacks in the world. Both laws leave room for improvement and stronger implementation, but acid violence has decreased steadily in Bangladesh since the passage of these laws.<\/p>\r\n \r\n

      The Acid Crime Prevention Act (ACA) primarily governs the sale, transport, storage, and disposal of acid. At the national and district level, it establishes councils to ensure implementation of the Act. The mandated3 members of the National Council is comprised of representatives from the Home Ministry, Ministry of Women and Children Affairs, Industry Ministry, Ministry of Commerce, Health Ministry, Women members of Parliament, the President of the Federation of Bangladesh Chamber of Commerce and Industries, a chemistry professor, experts, and representatives from NGOs. The National Acid Control Council\u2019s specific duties include:<\/p>\r\n \r\n\r\n(a) To make recommendations for formulating policy for controlling of production, transportation, storing,\r\n

      selling and use of Acid and controlling the import of the same.<\/p>\r\n \r\n\r\n(b) To formulate necessary policy-with a view to preventing the possible damaging reaction and misuse of\r\n

      acid and for taking action for implementation of the same.<\/p>\r\n \r\n\r\n(c)\u00a0\u00a0\u00a0 To formulate policy regarding providing of medical treatment, rehabilitation and legal aid to the victims\r\n\r\nof acid attacks and to take steps for the implementation of the same.\r\n\r\n \r\n\r\n(d) To take up necessary educational; and publicity programmes for making the public aware of the negative <\/span>\r\n

      and devastating effect of misuse of acid.<\/span><\/p>\r\n\r\n<\/div>\r\n

      \r\n\r\n \r\n\r\n(e) To conduct any research or survey to collect information regarding use and abuse of action.\r\n\r\n \r\n\r\n(f) To maintain contact with all Ministers and organizations, relating to acid attacks and to coordinate all\r\n\r\nactivities relating to the same.\r\n\r\n \r\n

      (g) To formulate policy for the efficient management of effluents4 for the prevention of possible damage<\/p>\r\n

      caused by acid or acid mixture discharged as effluent by industrial units in the process of production, and to<\/p>\r\n

      take steps for the implementation and supervision of the same.<\/p>\r\n \r\n\r\n(h) To take all such necessary steps for the execution of the aforesaid duties and responsibilities.\r\n\r\n \r\n

      Before 2002, the Government would regularly take ten years to prosecute in an acid attack case. Today, the Acid Crime Control Act (ACCA) provides that all investigations must be completed by the \u201cconcerned Police Officer within 30 days.\u201d Special Acid Crime Tribunals5 at the district level must complete all cases within 90 days from the date of receipt of the case. The ACCA provides severe sentences based on the body part injured in the attack. An acid injury to the face, breasts, or reproductive organs call for a life sentence or the death penalty and a fine of about Indian Rs. 60,000,<\/p>\r\n \r\n\r\nInternational Law<\/strong>\r\n\r\n \r\n

      Article 51 of the Constitution of India provides: \u201cThe state shall endeavor to (a) promote international peace and security\u2026 (c) To foster respect for international law and treaty obligations in the dealings of organized people with one another.\u201d The Supreme Court has relied on Article 51 when affirming India\u2019s obligations under international human rights conventions and treaties. In Vishakha vs. State of Rajasthan, the Supreme Court held, \u201cIt is now an accepted\u00a0rule of judicial construction that regard must be had to international conventions and norms constructing domestic law when there is no inconsistency between them and there is a void in the domestic law.\u201d<\/span><\/p>\r\n\r\n<\/div>\r\n

      \r\n\r\n \r\n

      The most useful human rights conventions and treaties for activists, advocates, and survivors working on acid attacks are:<\/p>\r\n \r\n