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.)
Afghanistan
In Afghanistan, perpetrators of acid violence target women and girls who
dress “immodestly” or fail to wear the hijab. Religious extremists have also
used acid as a weapon to terrorize girls who attend school. Afghanistan’s
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 “Afghan authorities need to do more to build on the gains made so far in
implementing the EVAW law”.
Pakistan
A
large percentage of acid attacks in Pakistan occur in the context of domestic
violence between married couples or when women and girls have “shamed” 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 compensation to survivors and the patriarchal attitudes prevalent in the
police force and Judiciary creates barriers to ensuring justice for survivors.
Uganda
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 - “relationship conflicts” –
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.
Cambodia
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’s 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 treatment
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 “60 percent drop in the number of acid
burn cases (from 25 cases in 2011 to only 15 cases in 2012),” showing the
impact of strong acid violence legislation.
Bangladesh:
Bangladesh consistently reports the highest incidence of acid attacks in
the world. Acid violence in Bangladesh disproportionally impacts women, who
comprise 82 presents of survivors and victims. 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.
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 mandated members
of the National Council are 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’s specific duties include:
(a) To make recommendations for formulating policy for controlling of
production,
transportation, storing, selling and use of Acid and controlling the import of
the same.
(b) To formulate necessary policy-with a view to preventing the possible
damaging reaction and misuse of acid and for taking action for implementation
of the same.
(c) To formulate policy regarding providing of medical treatment,
rehabilitation and legal aid to the victims of acid attacks and to take steps
for the implementation of the same.
(d)
To take up necessary educational; and publicity programmes for making the
public aware of the negative and devastating effect of misuse of acid.
(e) To conduct any research or survey to collect information regarding use and
abuse of action.
(f) To maintain contact with all Ministers and organizations, relating to acid
attacks and to coordinate all activities relating to the same.
(g) To formulate policy for the efficient management of effluents for the
prevention of possible damage caused by acid or acid mixture discharged as
effluent by industrial units in the process of production, and to take steps
for the implementation and supervision of the same.
(h) To take all such necessary steps for the execution of the aforesaid duties
and
responsibilities.
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 “concerned Police Officer within 30 days.” Special
Acid Crime Tribunals 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 calls for a life sentence or the death penalty and a
fine of about
Indian Rs. 60,000,
International Law
Article 51 of the Constitution of India provides: “The state shall endeavor
to (a) promote international peace and security… (c) To foster respect for
international law and treaty obligations in the dealings of organized people
with one another.” The Supreme Court has relied on Article 51 when affirming
India’s obligations under international human rights conventions and treaties.
In Vishakha vs. State of Rajasthan, the Supreme Court held, “It is now an accepted
rule 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.”
The most useful human rights conventions and treaties for activists, advocates,
and survivors working on acid attacks are:
- ICCPR: International Covenant on Civil and Political Rights, ratified by
India in 1968.
- ICESCR: International Covenant on Economic, Cultural, and Social Rights,
ratified by India in 1968.
- CEDAW: Convention on the Elimination of all forms of Discrimination against
Women, ratified by India in 1993.
Specific facts in each case may also invoke the fundamental rights protections
enshrined in the following conventions:
- CERD: Convention on the Elimination of Racial Discrimination, ratified by
India in
1968.
- CRC: Convention on the Rights of the Child, ratified by India in 1992.
Finally, an acid attack survivor’s injuries may result in a disability and
trigger the protections in the:
- CRPD: Convention on the Rights of Persons with Disabilities, ratified by
India in 2007.
These human rights conventions provide wide protections and guarantees across a
spectrum of fundamental rights. This section briefly outlines treaty provisions
that obligate the government of India to take immediate steps to eliminate acid
attacks and to ensure justice for survivors.
The Constitution and Statutory Provisions
v
Article 14: The State shall not deny to any person equality before the
law or
the equal protection of the laws within the territory of India.
Article 14 is not mere formal equality; it also encompasses substantive equality.
This means that equality cannot simply exist on paper. The State has to take
positive action, including taking special measures to ensure equality. As women
in India are disproportionately the victims of acid attacks, and acid attacks
largely constitute gendered violence, women require special protection from
acid violence under the law.
v Article 21: No
person shall be deprived of his life or personal liberty except according to procedure established by law.
The Supreme Court in catena of judgments (Francis Coralie Mullin vs. Union Territory
of Delhi & Ors [1981SCR (2)516]) has recognized that the right to life
includes the right to be free from inhuman and degrading treatment.
v Section 320 -
Grievous Hurt: Acid Attacks are considered “grievous hurt” as any permanent
disfigurement, disability, or destruction of a body part is included in this
section.
v Section 325: The
punishment for voluntarily causing grievous hurt is a maximum of seven years.
No minimum punishment is prescribed.
v Section 326: Voluntarily
causing grievous hurt through a dangerous weapon or another means: A “corrosive
substance” is specified as being a “dangerous means”, hence acid attacks will
be covered. The Punishment under this Section is for a maximum period of life imprisonment, or a period up to 10 years. There is no minimum punishment
prescribed.
The Criminal Law (Amendment ) Act, 2013, made the following Changes:
v Section 100: When
the right to private defense of the body extends to causing death: An act of
throwing acid or administering acid, or an attempt to throw or administer acid
which reasonably causes the apprehension that grievous hurt will be the
consequence of such an attack.
Thus acid attacks have been included under the list of grievous crimes under which
the right to private defense extends to causing death. This means that an acid
attack is so grave that a survivor may be justified in killing the perpetrator
to defend herself from the attack.
v Section 326A: Whoever
causes permanent or partial damage, deformity, burns, maims, disfigures or
disables any part of parts of the body of a person with the intention or knowing
that it is likely to cause such injury or hurt, shall be punished with either
simple or rigorous imprisonment for a term of at least 10 years, which may
extend to imprisonment for life, and a fine.
The fine shall be paid to the victim, and shall be just and reasonable to meet the
medical expenses of the victim.
v Section 326B: Attempting
to throw or administer acid with the intention of causing permanent or partial
damage, deformity, burns, maim, disfigure, disable, grievous hurt shall be
imprisoned with either simple or rigorous imprisonment for at least five years,
up to seven years, and a fine.
Acid includes any substances of acidic, corrosive or burning character that is capable
of causing bodily injury which leads to scars, disfigurement, temporary or permanent
disability.
For the purpose of both these sections, the damage or deformity need not have to be irreversible.
v Section 166A: A
public servant who refuses to record any information in relation to an offence
under Section 326 A and 326 B (as well as some other sections), shall be
imprisoned with rigorous imprisonment for a term of at least six months which may
extend up to two years, and be liable to pay a Fine.
v
Section 166B: Whoever is in charge of any hospital, whether public or private,
run by the Central or State Government, a local body, or any person, and who
contravenes Section 357A of the Code of Criminal Procedure, shall be imprisoned
for a term which may extend up to one year, or with fine, or both. Section 357A
governs payment of fines to victims of crimes.
The Code of Criminal Procedure was similarly amended by the same Criminal
Law (Amendment) Act, 2013:
v Section 154: When
the information is given by the woman victim of a crime under Section 326A,
326B which are the sections dealing with acid attacks (and other sections of
the IPC), the information will be recorded by a woman police officer or any
woman officer.
v Section 154 (a): Provides
for special provisions for survivors of offences under Section 354, 354A, 354B,
354C, 376, 376A, 376B, 376C, 376D, 376E or Section 509 of the IPC (sexual
harassment, criminal force to a woman with intent to disrobe, watching a woman
in a private act, stalking, rape, and aggravated rape). When an offence under
the Section has been committed and the victim has been permanently or
temporarily mentally or physically disabled, then the police officer shall, in
the presence of a special educator or interpreter, record information from the
victim at the victim’s residence of any place of the victim’s choosing. The
recording of such information may be video graphed if needed/Section 154 (a)
seems to have overlooked acid attack victims as Section 326A and 326B have not
been included. This might be particularly problematic as in most cases acid
attack victims suffer from significant physical disability following the
attack.
v
Section 164 (5A) (a): makes similar provisions 154 (a), for a Judicial Magistrate
to record the statement taking the assistance of a special educator or
interpreter in cases wherein the victim is temporarily or permanently mentally
or physically disabled, and for the statement to be video graphed.
This statement shall be considered in lieu of examination in chief under the Indian
Evidence Act. Again, acid attacks under Section 326A and 326B have not been
included within this section.
Important
ongoing Acid Attack Cases of Allahabad High Court
|
Case
Name |
Facts
of the Cases & Order passed by the Court |
|
Public
Interest |
This
is a case of an acid attack on a poor girl of District Jaunpur, in which the HRLN(
Human Rights Law Network) law interns played a historic role. A news report
had been published about the acid attack in village Machli Gaon, Sub Division
Badlapur, Distirct Jaunpur on 9th November, 2013 in a Hindi daily Dainik Jagran
and an English daily Pioneer. On the basis of the news report, a Fact-Finding
Team consisting of 10 law students was constituted and it was decided that
the team would visit the village, and as per the decision, the law interns
went to the village on 20.11.2013 and met the survivor, her family members
and villagers. The law interns also visited Varanasi on 21.11.2013 and went
to the nursing home in Babatpur area of Varanasi where the girl was initially
admitted. It was found that the survivor was subjected to this cruelty by a
school teacher of that very village, who had been coercing and pressurizing
her for marriage. Once, when the survivor was going outside the village, the
school teacher caught hold of her hand and tried to molest her, the girl
protested and slapped him when the teacher threatened her of dire consequences.
On the night of 7/8th November, 2013 at around 12.00 a.m. at mid night one
Vimal Maurya threw acid on the victim girl and her mother. They both were taken to the local Primary Health
Centre who referred them to the District Hospital and the District Hospital
advised them to go for better treatment to Varanasi. Then they both went to
Varanasi and were admitted to a Pragya nursing Home for several days. The
survivors belonged to a very poor family and they took take loan for better
treatment. Later, they left the nursing home as they had no money to continue
the treatment. A Public Interest Litigation was filed, in which the interns
appeared in person to argue the case before the division bench of Chief Justice
Dhananjaya Yashwant Chandrachud and Justice Sanjay Mishra J., who passed a very impressive order, of which
the relevant portion of the judgment is quoted in this report : |
|
Public Interest
|
This is a Public Interest Litigation on the problem of acid
attack on the women in Uttar Pradesh. The Petitioner is an Assistant
Professor in Allahabad University in the Department of Commerce and runs the
organization ‘Chirag Sahyog Sansthan’.
|
|
Public Interest
|
This Public Interest Litigation is based on an
investigation conducted by the students under the internship of the Human
Rights Law Network. The students responded to the newspaper reports which
appeared on 03.05.2014 in a leading newspaper, Hindustan, highlighting a case of an acid attack in
the area of Allahabad district. |
CONCLUSION
The
cumulative conclusion and the entire picture that emerges is that a drastic
initiative is required to combat the growing menace of acid attacks, which is a
heinous tool of the worst kind in a chauvinistic society, where ideas and
actions are controlled by patriarchal mindsets. It is the need of the hour that
the following measures may be suggested to the legislature and the administration
to reduce, restrict and curb these gender- based attacks.
It is required that, special tribunals be created , which may function as
special courts for the expeditious and speedy disposal of the a cid attack
cases. It is needed that a required amendment be made so that, the Judges
hearing the acid attack matters should preferably be women and should be
specially trained and sensitized. That a special public prosecutor be appointed
to assist the prosecution to render justice to the victim.
A special contingency fund and corpus be created to help the family of the acid
victim who dies, as well as the survivors.
It
should be suggested that, a suitable amendment be made in the legislation to ensure
that bail is not granted to the offenders thus, making the provisions more
stringent.
That the legislature is pressurized to bring an amendment that anticipatory bail
should not be granted to the acid offenders even if the provisions of the anticipatory
bail are introduced by the State Legislature.
References:
· Justice J.S.
Verma, Justice Leila Seth & Gopal Subramanium, Report of the Committee on
Amendments to Criminal Law 471-476 (2013)
· Law Commission of
India, The Inclusion of Acid Attacks, 8.
· Law Commission of
India, The Inclusion of Acid Attacks, 13
· High Court of
Karnataka at Bangalore, State of Karnataka vs. Joseph Rodrigues (Criminal
Appeal Nos. 1065, 1066, and 1239/2004) (final judgment,
2006)
· NCW, Annual
Report 2008-2009, Annexure IV. On 29 January 2009, the NCW issued a revised
version of the Scheme, which is the version analyzed here.
|
Sr.
No. |
Word
|
Meaning |
|
A.
|
Indian
Evidence Act |
This
Act may be called the Indian Evidence Act,1872. It extends to the whole of
India [Except the State of Jammu and Kashmir] and applies to all judicial proceedings
in or before any Court, including Courts martial, [other than Courts-martial convened
under the Army Act.,] (44 & 45 Vict., c.58) [the Naval Discipline Act (29
& 30 Vict., c 109) or the Indian Navy (Discipline) Act. 1934] (34 of
1934) [or the Air Force Act] 7 Geo. 5, c. 51) but not to affidavits presented
to any Court to any Court or Officer, not to proceedings before an arbitrator
and it shall come into force on the first day of September, 1872. |
1995
SCC (1) 14, JT 1994 (7) 183 (19 Oct. 1994), available at http://indiankanoon.org/doc/1765970/
· Acid Crime
Prevention Act (17 March 2002), Chapter II (4) (ii)
· Vishaka and
others v. State of Rajasthan and others (1997) 6 SCC 241, AIR
1997; see also Apparel Export Promotion Council vs. Chopra (1999) 625 SC 634, AIR
1999
· Parivartan Kendra
vs. Union of India & Others (WP (C) 876/2013), Supreme
Court of India.
· CEDAW Committee,
General Recommendation No. 19, Violence against
Women (1992), para. 1, available at
http://www.un.org/womenwatch/daw/cedaw/recommendatios/recomm.htm.
· ICESCR, Article
13
· ICESCR, Article 6
· CEDAW, Article 10
· CEDAW, Article 11
· CERD, Article 1.
· Aarti Thakur vs.
State of Maharashtra & Ors. WP (2014)
· National Commission
for Women, Annual Report (Delhi 2008-2009): 31.
About the Author:
Smriti Kartikeya, Law Graduate from Dr. Ram Manohar Lohiya National
Law University, enrolled in the Bar Council in 2013, practicing Lawyer in
Allahabad High Court, fellow of Bertha Foundation, State Coordinator, and Human
Rights Law Network, awarded by the Uttar Pradesh Government on “Nari Siksha
Nari Suraksha” in 2014 in collaboration with Hindustan Newspaper.
Deeksha
Dwivedi, 4th Year Law Student, Allahabad University, actively
involved in Human Rights Law Network, awarded by the Uttar Pradesh Government
on “Nari Siksha Nari Suraksha” in 2014 in collaboration with Hindustan
Newspaper, worked with the State Commission for the Rights of the Children of
Delhi State, scholarship-holder under Bertha Foundation.
For Further Reading:
· Law
Commission of India, 226th Report on inclusion of Acid Attacks as Specific
offences the Indian Penal Code and a Law for Compensation for Victims of Crime
(July 2009), available at http://indiankanoon.org/ doc/870066215/(citing prosecutions
for attempted murder in the United Kingdom at page 34, and Jamaica at page 32).
· Code
of Criminal Procedure Amendment Act, 2008
· Roger
Hood and Surya Deva, eds., Confronting Capital Punishment in Asia: Human Rights, Politics and Public
Opinion (Oxford University Press, 2013), 83-85; Law Commission of India, 226th Report
of the Inclusion of Acid Attacks as Specific Offences the Indian Penal Code and
a law for Compensation for Victims of Crime (July 2009), 22
· High
Court of Karnataka at Bangalore, State of Karnataka vs. Joseph Rodrigues (Criminal Appeal Nos. 1065,
1066, and 1239/2004) (final judgment, 2006)
· Aarti Thakur
vs. State of Maharashtra & Ors. WP (2014)
· Human
Rights Council, Report of the United Nations Special Rapporteur on Violence
Against Women its Causes and Consequences, Rashida Majnoo, Mission to India
(April 2014), available at: http://www.ohchr.org/EN/
Points to Ponder
· To ensure survivors’ physical
rehabilitation, the judiciary should focus on the long-term medical treatment
required by survivors. While the physiological effects of acid violence are
well documented, there is less academic, media, or legal understanding of the
precise long-term surgical and other medical needs of acid attack survivors. Of
particular significance in terms of compensation is a greater understanding of
the complexity and length of surgical rehabilitation. Surgery is one of the
most important and expensive aspects of recovery, and any compensation awarded
to the survivor is likely to be spent on this type of treatment. Another
essential and often neglected aspect of rehabilitation is physiotherapy. Scarring
in areas such as the neck or upper arms can significantly reduce mobility, and
the medical community has long agreed that intensive physiotherapy is critical
to combating this. Compensation awards must be sufficient to cover all of a survivor’s
long-term physical medical needs, including surgery and physiotherapy.
· To
ensure survivors’ social and economic rehabilitation, the judiciary should investigate
the social and economic ramifications of acid violence. For many survivors, the
medical and psychological trauma caused by an acid attack is compounded by a
sense of isolation and financial insecurity. Overcoming these concerns can be
the most devastating aspect of recovery, and there is as yet little support
available to survivors. A programme of social rehabilitation, encompassing
legal, educational, employment and housing assistance, is strongly recommended.
Compensation should take into consideration the fact that while many survivors
or acid violence struggle to gain employment due to their injuries, this does
not mean that they do not want to earn a living, live in their own house, and
provide for their family.
· The
growing incidence of acid violence creates a n immediate demand for the formation
of the Special Tribunal/Court to adjudicate the matter of Acid Victims. And the
establishment of special vocational training centers at the Regional Level in
the different States is crucial for enhancing job opportunities for the Acid
Attack Survivors.
Glossary
of Terms
|
Sr.
No. |
Word
|
Meaning |
|
1.
|
Hijab |
It is
a veil that covers the head and chest, which is particularly worn by some
Muslim women beyond the age of puberty in the presence of adult males outside
of their immediate family. |
|
2.
|
Patriarchal
|
Patriarchy
is a social system in which males hold primary power, predominate in roles of
political leadership, moral authority, social privilege and control of
property; in the domain of the family, fathers or father-figures hold
authority over women and children. |
|
3.
|
Mandated
|
given
(someone) authority to act in a certain way. |
|
4.
|
Effluent
|
It
is an out flowing of water or gas from a natural body of water, or from a
manmade structure. |
|
5.
|
Tribunals
|
A
tribunal is a group of people who oversee a trial |
|
6.
|
Gendered
Violence |
“Gender‐based
violence against women” shall mean violence that is directed against a woman
because she is a woman or that affects women disproportionately. |
○○भारतीय राज्यों के स्थापना दिवस
○ अरुणाचल प्रदेश- 20 फरवरी 1987
○ असम- 26 जनवरी 1950
○ आध्र प्रदेश- 1 नवंबर 1956
○ ओडिशा- 1 अप्रैल 1936
○ उत्तर प्रदेश- 24 जनवरी 1950
○ उत्तराखंड- 9 नवंबर 2000
○ कर्नाटक- 1 नवंबर 1956
○ करल- 1 नवंबर 1956
○ गजरात- 1 मई 1960
○ गोवा- 30 मई 1987
○ छतीसगढ़- 01 नवंबर 2000
○ झारखड- 15 नवंबर 2000
○ तमिलनाडु- 1 नवंबर 1956
○ तलंगाना- 02 जून 2014
○ तरिपुरा- 21 जनवर 1972
○ नागालैंड- 01 दिसंबर 1963
○ पजाब- 01 नवंबर 1966
○ पश्चिम बंगाल- 26 जनवरी 1950
○ बिहार- 22 मार्च 1912
○ मणिपुर- 21 जनवरी 1972
○ मध्य प्रदेश- 01 नवंबर 1956
○ महाराष्ट्र- 1 मई 1960
○ मिजोरम- 20 फ़रवरी 1987
○ मघालय- 21 जनवरी 1972
○ राजस्थान- 30 मार्च 1949
○ सिक्किम- 16 मई 1975
○ हरियाणा- 1 नवंबर 1966
○ हिमाचल प्रदेश- 25 जनवरी 1971
