Brief of the Important Cases of Supreme Court and High Courts

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, “The Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a law for Compensation for Victims of Crime.” All activists working on acid violence should study this report and the proceedings in this case.


Facts of the Case
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 and 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.
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.
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’s 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’s employer Shireen Jeejeebhoy (who has fully paid for the treatment) and her lawyer filed a petition in the Supreme Court of India.

Write Petition (Crl.) No (s). 129 of 2006
Laxmi (Minor) Thr. Her father --- petitioner(s)
Versus
Union of India & Ors – Respondent(s)

Order of the Court
The petitioner’s 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 legislation to save innocents from acid attacks.
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.
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):


Order of the Court
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).
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 namely, Maharashtra, Karnataka, Tamil Nadu, Andhra Pradesh, Haryana and NCR of Delhi, where there are a considerable number of acid attacks.
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 dependents 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.
In these circumstances, we issue the following directions:
1. Let notice be issued to other remaining States and Union Territories.
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.
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.
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.
31 August 2012 (Order to the Secretary of Home Affairs to meet with Chief Secretaries of States to regulate the sale of acid):


Order of the Court
On behalf of Union of India, an affidavit has been filed by Shri J.L. Chugh, Joint Secretary (Judicial) in Ministry of Home Affairs.

i. In the above affidavit, it is stated that Criminal Law Amendment Bill, 2012 has been approved by the Cabinet on July 19, 2012 which has the proposal for insertion of Section 326A and 326B in the Indian Penal Code for making the acid attack a specific offence.
ii. Mr. Mohan Parasaran, learned Additional Solicitor General appearing for the Union of India submits that since the present Parliament Session shall expire on September 7, 2012, it is unlikely that the above bill is introduced in the Parliament in this Session. However, he submits that the above Bill will be introduced in the Parliament in the ensuing Winter Session.
iii. Ms. Aparna Bhat, learned counsel for the petitioner is satisfied with the above statement of the learned Additional Solicitor General.
iv. In the order dated February 11, 2011, this Court, inter alia, observed that as one of the matters of concern in regard to acid attacks is the free availability of acids, the Central Government and State Governments may also consider making appropriate provision for regulation of the sale of acid so that it is not easily or readily available to offenders.
v. Mr. Mohan Parasaran submits that regulation of the sale of acid is a State Subject and appropriate provisions for regulation of sale of acid have to be made by the State Governments.
He, however, submits that the Ministry of Home Affairs shall convene a meeting of the Chief Secretaries/ concerned Secretaries of the State Governments and the Administrators of the Union Territories for evolving a consensus in regard to the regulation of sale of acid in the States/Union Territories.
vi. Learned counsel for the petitioner invited our attention to the Notification issued by the State of Sikkim amending Sikkim Trade License and Miscellaneous Provision Rules, 2011 by inserting sub-rule 17A in said Rules.
vii. In our view, the suggestion of Mr. Mohan Parasaran, learned Additional Solicitor General appears to be proper.
viii. Let the Home Secretary, Ministry of Home Affairs, Government of India convene a meeting of the Chief Secretaries / concerned Secretaries of the State Governments and the Administrators of the Union Territories to discuss the enactment of the appropriate provision for effective regulation of sale of acid in the States/ Union Territories.
ix. Let the matter come up for consideration on November 9, 2012.
x. In the meanwhile, the Chief Secretaries of the States of Maharashtra, Karnataka, Andhra Pradesh, Himachal Pradesh, Uttarakhand, Arunachal Pradesh, Meghalaya, Nagaland, Goa, Punjab, Gujarat, Jammu & Kashmir, Madhya Pradesh, Chhattisgarh, Kerala, West Bengal, Tamil Nadu, Jharkhand and Administrators of Union Territories of Dadra, Nagar Haveli, Andaman & Nicobar and Chandigarh shall ensure that the responses/affidavits of compliance are filed on behalf of the respective State Governments/ Union Territories within eight weeks from today.

○○ ONE LINER GK ○○

 

भारत में सबसे अधिक ठंड किस स्थान पर पड़ती है ?

लह (लद्दाख)

 

1K और 2K का अर्थ क्या है ?

1000 और 2000

 

हिरोशिमा पर पहला परमाणु बम कब गिराया गया था ?

6 अगस्त 1945

 

समुद्री मार्ग से भारत पहुँचने वाला व्यक्ति कौन था ?

वास्कोडिगामा

 

चीन की दीवार की लम्बाई कितनी है ?

21,196 कि.मी.

 

भारत का राष्‍ट्रपति अपना त्यागपत्र किसे दे सकता है ?

उपराष्ट्रपति को

 

कौन-सा मुगल राजा अनपढ़ था ?

अकबर

 

ससार का सबसे बड़ा टापू कौन-सा है ?

गरीनलैंड

 

सर्वप्रथम कौन-सा प्राणी अन्तरिक्ष में भेजा गया था ?

कत्ता

 

किस वर्ष मानव ने पहली बार चन्द्रमा पर चरण रखे थे ?

सन् 1969

 

मानव ने सर्वप्रथम किस धातु का प्रयोग किया ?

ताँबा

 

कोयले का सर्वाधिक उत्पादन कहाँ होता है ?

झारखण्ड

 

परथम राजीव गाँधी राष्ट्रीय सदभावना पुरस्कार किसे प्रदान किया गया था ?

मदर टेरेसा

 

बहस्पति के कितने प्राकृतिक उपग्रह है ?

79 उपग्रह

 

फरिज में कौन-सी गैस होती है ?

फरीऑन (क्लोरोफ्लोरो कार्बन - सीएफसी)

 

सयुंक्त राज्य अमेरिका में कितने राज्य है ?

50 राज्य

 

चारों वेदो में सबसे प्राचीन वेद कौन-सा है ?

ऋग्वेद

 

धन की देवी लक्ष्मी का वाहन क्या है ?

उल्लू

 

मस्लिमों का सबसे पवित्र धार्मिक स्थान कहाँ है ?

मक्का मदीना (सउदी अरब)

 

महाभारत में भीष्म का बचपन का नाम क्या था ?

दवव्रत


Mayank Rai

Hi, My name is Mayank Rai. I found that Blogging is an easiest way to share your knowledge with everyone & learn something new from there.

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