Acid attack is one of the most heinous crimes which make the life of the victim irrecoverable, especially women. It is a form of “violent assault” which is defined as the act of throwing acid intentionally on the body of another person to disfigure, torture, or kill. 72% of the reported acid attacks have involved women while the most common age group involved is 18-28 years. In 78% cases, the attack is due to rejection of love, refusal to marry, denying dowry or sexual advances, quite a reflection in itself of how prevalent male egoism, patriarchy, and misogyny are in society.
ACID ATTACK: A TOOL FOR CRIME
Acid, owing to its nature has been in
use always for many purposes. During ancient times, it was used in metallurgy and for etching. With an increase
in usage, the demand increased and so did the supply. But this apart from
accelerating the advancements gave rise to the misuse of acids. The misuse
begins with the use of acid as a weapon of vengeance. Some of the prominent
attacks are mentioned below.
In 1879, 16 cases of vitriol acid
attacks were reported as “Crimes of Passion” carried out predominantly by women against
another woman. The use of acid as a weapon began
to rise in many developing countries, specifically in South Asia. The first
acid attack case which was recorded in South Asia occurred in Bangladesh in
1967, India in 1982, and Cambodia in 1993.
Evolution of Law regarding Acid Attack
Several cases illustrate the ill-treatment
meted out to
the acid attack survivors involving their constant struggle to live a
normal life. Many such survivors, unfortunately, get shunned by society. This
stigmatization, ostracism, and lack of acceptance stop the victims from
reaching out so that the perpetrators can be punished. However, some of the
survivors have not only got the perpetrators punished but also helped reduce
the occurrence of acid attacks.
One such survivor is Laxmi Agarwal and her case
has been very significant in this regard. When she was just 15, two men poured acid on
her near Tuhglaq road in 2005. She spent eight years hiding her face but she
gained valour when India detonated in the indignation over a gang rape on a bus in the year 2013. She
didn’t lose her intrepidity and advocated against acid violence by gathering
27,000 signatures for a petition in the Supreme Court of India to restrain
acid sale. This was also the first case in which any compensation was provided to the victim.
Source - newsclick.com
Until 2013, the Indian Penal Code did
not recognize acid attack as a separate offense but, by the virtue of
the Criminal Law
(Amendment Act) 2013, the Indian Penal Code provided punishment for acid
attack and attempted acid attack.
Earlier, an acid attack was categorized in general category offense that caused “grievous hurt”. The Criminal Amendment Act of 2013 passed several new guidelines after the recommendation made by Justice J.S Verma Committee, which noted that acid violence is a “horrendous crime” which leaves the victim with no way of going back to their earlier way of life. Hence, an amendment was made in the IPC, 1860 wherein two sections were inserted-
- 326-A - states ‘Whoever causes permanent or partial damage or deformity to, or burns or disfigures, any parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person or by using any other means shall be punished with a minimum punishment of not less than ten years, which may extend to imprisonment for life and fine.'
- 326-B - states ‘Whoever throws or attempt
to throw acid on any person or attempts to use any other means, with the intention of
causing permanent or partial damage or grievous hurt to that person, shall be
punished with a minimum five-year sentence that may extend to seven years and a fine.
Section 357-B of CrPC, 1973 provides for compensation
which is payable by the state government.
The Prevention of Acid Attacks and
Rehabilitation of Acid
Attack Victims Bill,
2017 was drafted to provide for the prevention of acid attacks by regulation
of sale, supply, and use of acid or other measures. According
to this Bill, no person shall be allowed to sell or deliver acid to any person
without keeping a record of his identity, the quantity of acid, and the purpose
for which the acid is to be used.
Despite all these legal changes, the
number of acid attacks is not reduced in India. According to the National Crime Bureau
Records, 222 cases of acid attacks were reported in the year 2015, 286 in 2016 and, 244 in 2018. There are so many
cases of an acid attack that happen but never get filed especially in our
hinterlands possibly because of a lack of awareness or fear from the time consuming judicial
proceedings.
CONCLUSION
Violence against women is a
manifestation of historically unequal power relations between men and women,
which have led to domination over and discrimination against women by men and
to the prevention of full empowerment of women.
As the incidents of acid attack have
been rising in
India, the enactment of stringent laws seems to be the very first deterrent.
Although the commencement of reforms in the acid attack legislation is commendable, the rising incidents of acid attacks indicate
that India needs more objective and stringent laws against the perpetrators. The
compensation amount should be enough to have a good medical treatment, followed by a quick redressal from the
government agencies. Acid is still easily available, it should be limited to only commercial and scientific
purposes and
information about the purchasers must be recorded in all cases. The
guidelines like the buyer have to produce a government ID card and should be above 18 years should be
abided by. Awareness
campaigns should be run.
Another aspect that requires immediate consideration is the
formation of a new rehabilitation scheme. Society should help victims by
providing jobs and accepting them in day to day livelihood.
Also, there should be speedy trials
in such cases. This will not only deter the criminals but also make sure that
the victims do not refrain from booking a case.
REFERENCES
- http://www.ijburns.com/article.asp?issn=0971-653X;year=2018;volume=26;issue=1;spage=83;epage=86;aulast=Singh
- https://www.thehindu.com/opinion/editorial/stop-acid-violence/article4509405.ece
- https://en.wikipedia.org/wiki/Acid_attack
*Author is a First-year student of B.A.LL.B(Hons) at Law School, BHU
Sardar & CO is one of the Leading best Law Firm in Karachi, and provides the most premium legal services in Pakistan.
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