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
