Justice for Acid Attack Victims

Acid attack, commonly referred to as acid throwing, is a type of violent assault that is described as the intentional dumping of acid on another person's body with the intent to cause disfigurement, injury, torture, or death. The most brutal, unethical, and cruel type of crime in society is the acid attack. Acid attacks are a horrifying kind of crime that renders the victim's life irrecoverable. The long-term effects of these attacks include chronic facial and body scarring as well as blindness for the victim.

The victim of an acid attack has to endure societal prejudice all her life. Their social, economic, and psychological lives are also impacted. The Indian Penal Code did not classify acid attack as a separate offence until 2013. The Indian Penal Code now includes Sections 326A and 326B that, thanks to the Criminal Law (Amendment Act) of 2013, provide penalties for actual and attempted acid attacks.

In South Asia, the first acid assault was documented in Bangladesh in 1967, India in 1982, and Cambodia in 1993.

The majority of acid assaults are committed by someone the victims know. Attacks occur as a result of rejection of sexual approaches, marriage proposals, unpaid dowries, retaliation for wrongdoing, jealousy of status, and interpersonal disagreements. The majority of the crimes committed against males today are connected to disputes over land and other types of property.

In accordance with Section 326A of the Indian Penal Code, "Whoever by throwing acid on or administering acid to that person, or by using any other means with the intention of causing or with knowledge that he is likely to cause such injury or hurt, causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables any part or parts of the body of a person, or causes grievous hurt, shall be punished with imprisonment of either description for a period not be less than ten years but which may extend to imprisonment for life , and with fine.

Laws on Acid Attack In india

Acid attacks were not considered separate offences until 2013. However, as a result of IPC modifications, acid attacks are now covered by a separate section (326A) of the IPC and are therefore penalised by a minimum term of 10 years in jail that can be increased to life in addition to a fine.

The law also specifies penalties for failing to provide victims with care or for police personnel who decline to file a FIR or document any evidence.

Dereliction of duty by a police officer is punishable by jail for up to two years, while denial of treatment (by both public and private institutions) is punishable by up to one year in prison.

In 2013, the Supreme Court issued a ruling regulating the sale of caustic substances after taking notice of acid attacks. Based on the directive, the MHA created the Model Poisons Possession and Sale Rules, 2013 in accordance with The Poisons Act, 1919, and issued a directive to all states on how to govern acid sales. Given that states had jurisdiction over the issue, it requested that they develop their own regulations based on model regulations. The MHA's guidelines and the model rules state that over-the-counter sales of acid are prohibited unless the seller keeps a logbook or register documenting those sales. The information of the person to whom acid is supplied, the amount sold, the person's address, and the justification for obtaining acid were all to be recorded in this notebook.

Additionally, the buyer must present a government-issued photo ID with his address on it before the sale can proceed. Additionally, the purchaser must provide documentation proving that they are older than 18 years old.

Additionally, sellers must notify the relevant Sub-Divisional Magistrate (SDM) of all acid stock within 15 days of discovering any stock that has not been reported. For a violation of any of the instructions, the SDM has the authority to seize the stock and, if necessary, impose a fine of up to Rs 50,000.

According to the regulations, all educational institutions, research facilities, hospitals, government agencies, and departments of PSUs that must hold and store acid are required to keep an acid usage log and submit it to the relevant SDM.

MHA again advised all States and UTs to assess and make sure that the retail sale of acids and chemicals is properly regulated in accordance with the Poison Rules in order to prevent these from being used in crime in August 2021.

What Kind of Care and Compensation Are Provided for Acid Attack Victims?

Compensation: As part of the aftercare and rehabilitation costs, the concerned State Government or Union Territory must provide acid attack victims with compensation of at least Rs. 3 lakhs.

Free of Charge Treatment: States are required to make sure that any hospital, public or private, that treats victims of acid attacks offers free care. The victim will only receive Rs. 1 lakh in compensation; and the expense of medical care will not be covered.

Reservation of Beds: Because acid attack victims need to have several plastic procedures, 1-2 beds at private hospitals may be set aside for their care.

Programmes for Social Integration: States should offer victims programmes for social integration, for which funding could be provided to Non-Governmental Organizations (NGOs) to handle all aspects of their rehabilitation.

The victim of an acid assault suffers lasting effects. It forever makes the victim's life unbearable. The victim is permanently traumatised by it.