RAJIV GANDHI NATIONAL

UNIVERSITY OF LAW, PUNJAB

LAW OF CRIMINAL PROCEDURE

PROJECT

TOPIC: PARIVARTAN
KENDRA VS UNION OF
INDIA-CASE COMMENT

SUBMITTED TO:
SUBMITTED BY:
DR. SHRUTI GOYAL
HEMAKSHI
ASSISTANT PROFESSOR
ROLL NO- 15055
OF LAW
GROUP NO- 2
RGNUL
4TH YEAR

RGNUL

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 TABLE OF CONTENTS
S.NO CONTENTS PAGE
NO.
1. INTRODUCTION 3-4
2. LEGISLATIVE AND JUDICIAL 5-9
INITIATIVES FOR PROVIDING
JUSTICE TO ACID ATTACK
VICTIMS
3. PARIVARTAN KENDRA VS 10-13
UNION OF INDIA
4. CONCLUSION 14
5. REFERENCES 15

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 INTRODUCTION

Acid attack is the most pernicious from of violence that is resorted to and is mostly gender
specific. While instances of acid attacks are being reported to everywhere around the world, but
its frequency is on rise in India. As per the data maintained by National Crime Records Bureau,
the number of such incidents reported in 2011 were 83, 85 in 2012 and 66 in 2013. 1 Though
according to Acid Survivors Foundation of India (AFSI), at least 106 such attacks were reported
in 2012, 122 in 2013 and 309 in 2014 and according to activists, the figures rose to 500 in 2015.
However according to NCRB, 222 incidents were reported in 2015. There are also several
unreported cases in rural areas and in some instances the victim dies. These incidents are not
reported due to fear of backlash.

The main reason behind the acid attacks is that the victim, who is generally a woman tend to
refuse the marriage proposal or illicit sexual advances of perpetrators. Conflicts relating to dowry
is another reason of acid attacks. Other reasons are it is resorted as a means of revenge in family
or property related to attacks and social, political or religious beliefs can serve as other reason.

Justice Verma Committee constituted in aftermath of Nirbhaya incident to suggest reforms in

criminal justice system with regard to crimes against women had the following observation with
regard to acid attacks:

“We understand that a heinous form of attack on women, which is commonplace in several Asian
and African countries is the throwing of acid on women for a multitude of reasons, including
alleged adultery, turning down advances from men, and also as form of domestic violence. Acids
and other corrosive substances are thrown on women or administered to them, thereby causing
death or physical and psychological damage with unfathomable consequences.”2

The Law Commission of India in its 226th report dealing with this offence made the following
observation:

“Though acid attack is a crime which can be committed against any man or woman, it has a
specific gender division in India. Most of the reported acid attacks have been committed on
women, particularly women for spurning suitors, for rejecting proposals of marriage, for denying
dowry etc. The attacker cannot bear the fact that he has been rejected and seeks to destroy the
body of the woman who has dared to stand up to him.”3

1
NALSA( Legal Services to Victims of Acid Attacks) Scheme, 2016,
http://kelsa.gov.in/downloads/victimsofacidattacks.pdf, visited at 8:55 P.M. on 10th April,2018.
2
Ibid.
3
Ibid.
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In a certain sense, the perpetrator is aware of the fact that a part of woman’s self-worth lies in her
face which is a part of her personality. Dismemberment of her face or her body is not only an
offence against human body but also causes permanent psychological damage.

Apart from lifelong bodily disfigurement and physical damages requiring lifelong treatment,
psychological damages are greater and deeply affect the victims apart from affecting the
employability of victims. It is also seen that there are limited medical facilities available in the
country for acid attack victims with the number of specialized burn hospitals being limited and it
becomes a herculean task for the victim to get admitted to hospital, much less to get treatment
which may often span from a few months to several years. The treatment may also involve huge
costs for the victims and their families. The rehabilitation of victim also becomes an important
issue.

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 LEGISLATIVE AND JUDICIAL INITIATIVES FOR PROVIDING
JUSTICE TO ACID ATTACK VICTIMS

 Constitutional Guarantee

Constitution of India guarantee right to life and liberty of every individual under Article 21. This
has been interpreted to include the right to live with dignity and would encompass the right to live
with dignity of all including victims of acid attack. Article 41 of the Constitution lays down that
the State shall, within the limits of economic capacity and development, make effective provision
for securing the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement, and in other cases of undeserved want.

 Legislative Framework

Prior to 2013, the acid attacks were usually dealt under Section 326 of IPC. However, Justice
Verma Committee recommended that acid attacks be defined as an offence in the IPC and
observed:

“The gender specificity and discriminatory nature of this offence does not allow us to ignore this
offence as yet another crime against women. We recommend that acid attacks be specifically
defined as an offence in the IPC, and that the victim be compensated by the accused. However, in
relation to crimes against women, the Central and State governments must contribute substantial
corpus to frame a compensation fund. We note that the existing Criminal Law (Amendment) Bill,
2012 does include a definition of acid attack.”4

A recommendation was not only made to include a definition of acid attack but also for providing
compensation to victims of acid attack.

This lead to introduction of Section 326A and 326B in IPC as follows:

“326A-Voluntarily causing grievous hurt by use of acid, etc.-Whoever causes permanent or

partial damage or deformity to, or bums or maims or disfigures or disables, any part or 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 with the intention of causing or with the knowledge that he
is likely to cause such injury or hurt, shall be punished with imprisonment of either description
for a term which shall not be less than ten years but which may extend to imprisonment for life,
and with fine; Provided that such fine shall be just and reasonable to meet the medical expenses

4
Ibid.
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of the treatment of the victim; Provided further that any fine imposed under this section shall be
paid to the victim.”5

“326B- Voluntarily causing grievous hurt by use of acid, etc.- Whoever throws or attempts to
throw acid on any person or attempts to administer acid to any person, or attempts to use any
other means, with the intention of causing permanent or partial damage or deformity or bums or
maiming or disfigurement or disability or grievous hurt to that person, shall be punished with
imprisonment of either description for a term which shall not be less than five years but which
may extend to seven years, and shall also be liable to fine.

Explanation I.—For the purposes of section 326A and this section, "acid" includes any substance
which has acidic or corrosive character or burning nature, that is capable of causing bodily injury
leading to scars or disfigurement or temporary or permanent disability.

Explanation 2.— For the purposes of section 326A and this section, permanent or partial damage
or deformity shall not be required to be irreversible.”6

Under Section 357A of the Code of Criminal Procedure, 1973, every State is mandated to establish
a Victim Compensation Fund. These funds are used to compensate the victims of crime. The
compensation is given in accordance with the Schemes every state has adopted. Under these
schemes amount of compensation has been fixed to compensate the victims of crime. The Ministry
of Home Affairs oversees the notification and implementation of Victim Compensation Scheme
(VCS) in the States/UTs. A Central Victim Compensation Fund (CVCF) with an initial corpus of
200 crore has been sanctioned. A provision to sanction upto 5 lakh to victims of acid attack has
also been made from this Fund. Under Central Victim Compensation Fund special financial
assistance of Rs 5.0 lakh to acid attack victims has been provided.7

 Judicial Intervention

Initially the perpetrators of acid attacks were not effectively prosecuted. Prior to Criminal Law
Amendment Act 2013, cases were registered under different sections of the Indian Penal Code
(IPC) particularly the sections relating to hurt, grievous hurt, grievous hurt by corrosive
substances and attempt to murder and murder. Compensation was hardly ever awarded to the
victims of vitriol age and even if given was grossly inadequate.

5
Section 326A, Indian Penal Code, 1860.
6
Section 326B, Indian Penal Code, 1860.
7
Anatomy Of Acid Attacks In India: Recommendations For Deterrence, Mr. Alok Rawat, Dr. Saadiya, Jamia Law
Journal, Vol. 3, 2018, http://docs.manupatra.in/newsline/articles/Upload.
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In Balu v. State Represented Inspector of Police, a husband who had thrown acid on his wife was
ordered to pay a meagre amount of Rs 2,000. The deceased was given in marriage to the accused
as second wife. The accused entertained suspicion that she developed illicit intimacy someone
and under this suspicion he poured acid on his wife. The case was committed to Court of Session
and necessary charge was framed, whereby the sole accused stood charged under Sec.302 of
I.P.C., tried, found guilty as per the charge and awarded life imprisonment along with a fine of
Rs.2,000/. The appeal was dismissed by the Madras High Court. Such a meagre amount of
compensation of only Rs.2, 000 cannot be said to be sufficient.

In Syed Shafique Ahmed Vs. State of Maharashtra, the accused voluntarily caused grievous hurt
to his wife an one another person by throwing an acid on their persons causing disfiguration of
the face of and loss of vision of right eye of the wife and thereby committed offence punishable
under Sections 326 as well as that under 324 of the Indian Penal Code. The accused was charged
under Section 326 and 324 of the IPC and was awarded Rs5000 as fine and 3 years imprisonment.
This case again shows that the punishment that is often awarded does not take into account the
deliberate and gruesome nature of the attack and rests on technicalities of injuries.

 A New Jurisprudence on Compensation, Punishment and Regulation of Acid: Laxmi v Union

Of India

Laxmi (15yearsold) was working as a sales representative at New Janta Book Depot, Khan Market
and has studied up to class 8. The accused Naeem Khan placed the proposal of marriage before
her family but Laxmi resisted the same because of the large gap between their ages. Thereafter,
the accused started pressurizing Laxmi for marriage and to maintain telephonic ties with him
which was either evaded or turned down by her. On 22.04.2005 at about 10:30 am, when she was
going towards Khan Market from her house, the accused attacked her with acid.

In 2006, Laxmi filed a PIL in the Supreme Court urging for regulation on sale of acid. Law
Commission of India and National Commission for women were the three respondents in the Writ
Petition. In her plea, she had sought framing of a new law or amendment to the existing criminal
laws like IPC, Indian Evidence Act and CrPC for dealing with the offence, besides asking for
compensation.

The Court on 11 Febraury 2011 issued directions to all the State Governments to indicate what
steps they have taken to allocate resources for providing compensation to victims of acid attacks
under the abovementioned amendment made to Code of Criminal Procedure regarding Section
357A. It also directed that as one of the matters of concern in regard to acid attacks is the free

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availability of acid, the Central Government and the State Governments may also consider making
appropriate provision for regulation of sale of acids so that it is not easily or readily available to
offenders.

 In the States/Union Territories, where rules to regulate sale of acid and other corrosive
substances are not operational, until such rules are framed and made operational, the Chief
Secretaries of the concerned States/Administrators of the Union Territories shall ensure the
compliance of the following directions with immediate effect:

 Over the counter, sale of acid is completely prohibited unless the seller maintains a log/register
recording the sale of acid which will contain the details of the person(s) to whom acid(s) is/are
sold and the quantity sold. The log/register shall contain the address of the person to whom it is
sold.

 All sellers shall sell acid only after the buyer has shown:

(a) a photo ID issued by the Government which also has the address of the person.

(b) Specifies the reason/purpose for procuring acid

The educational institutions, research laboratories, hospitals, Government Departments and the
departments of Public Sector Undertakings, who are required to keep and store acid, shall follow
the following guidelines:

 A register of usage of acid shall be maintained and the same shall be filed with the concerned
SDM.

 A person shall be made accountable for possession and safe keeping of acid in their premises.

 The acid shall be stored under the supervision of this person and there shall be compulsory
checking of the students/ personnel leaving the laboratories/place of storage where acid is used.

The acid attack victim shall be paid compensation of atleast Rs.3 lakhs by the concerned State
Government/Union Territory as the after care and Rehabilitation. The court also said that out of
the compensation amount of Rs 3 lakh, Rs 1 lakh will be paid within 15 days of the occurrence of
the attack being brought to the notice of the state government.The balance of Rs 2 lakh shall be
paid by the state or Union Territory concerned as expeditiously as possible and positively within

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two months of the incident, adding that the compliance of the order has to be ensured by the Chief
Secretaries of the states and administrators of the UTs respectively.

Full medical assistance should be provided to the victims of acid attack and that private hospitals
should also provide free medical treatment to such victims.

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 PARIVARTAN KENDRA VS UNION OF INDIA- CASE COMMENT

 Introduction

This judgement is one of the significant measures taken by judiciary in order to prevent and deal
with the instances of acid attacks on women in the country. Petitioner filed a PIL in Supreme
Court under Article 32 of Constitution of India to attract the honorable court’s attention towards
the inadequacy and insufficiency of legislative measures to deal with acid attacks. The petitioner,
an NGO, seeks to highlight the plight of the acid attack victims and the inadequacy of the
compensation payable to the victims as per the orders of the Apex Court in Laxman v. Union of
India. The petitioner also highlighted the lack of legal guarantee to free medical care,
rehabilitative services or adequate compensation under the Survivor Compensation Schemes.

 Citation

(2016) 3 SCC 571

 Coram

 Judges

J. M Yusuf Eqbal and J. Chockalingam Nagappam

 Facts

An 18 year old girl, Chanchal was a dalit living in a small village in Bihar. Along with her studies,
she used to work as a daily wage worker in order to support family finances. On her way to college,
she used to be sexually harassed by four accuse, Anil, Ghanshyam, Baadal and Raja. She used to
oppose the harassment and blatantly refuse their illicit demands.

One day while she was sleeping with her sister, the accused climbed to roof of her house and
threw acid on her. It spilled on her various body parts and also got spilled on her sister.

On listening to their cries, their father rushed them to Patna Medical College and Hospital
(PMCH) which delayed their treatment, worsening their condition, especially that of Chanchal.

His father incurred cost of Rs. 5 Lakhs in medical treatment leading him in severe treatment. The
family also had to face mistreatment from doctors due to them being dalits. The police did not
register any complaint till pressure was created by media. The accused were arrested one month
after the incident. However, the policed did not record any statement from victims. After a long

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struggle, her father was only able to get a compensation of Rs. 3 Lakhs which was insufficient to
cover the family’s debt.

Finally, her father approached the petitioner who after a detailed analysis filed a writ petition in
Supreme Court demanding proper medical care, plastic surgery, proper compensation and
rehabilitation of victims and also to ensure that there is special legislation dealing with
rehabilitation and justice for acid attack survivors.

 Issues Raised
1. Whether the guidelines laid down in Laxmi vs Union of India, provisions of Survivor
Compensation Schemes, Criminal Law Amendment Ordinance, 2013 and a compensation
amount of Rs. 3 Lakhs do not provide an adequate remedy to acid attack survivors?
2. Whether there is a need for standard treatment and management guidelines for acid attack
survivors?
3. Whether additional measures need to be taken to ensure fundamental rights of citizens
guaranteed by Indian Constitution and to secure the position of acid attack victims and to
provide certain other guidelines to ensure speedy treatment , recovery and rehabilitation of
victims?

 Analysis of Issues Raised

Parivartan Kendra asked the court to issue a writ of mandamus to the State of Bihar to provide
Rs. 5 Lakhs to the victim for the treatment costs, and at least Rs. 10 lakhs for the pain and suffering
endured by the family. It further asked the court to issue a writ of mandamus, asking the
government to develop a standard treatment and management guidelines for acid attack victims.
Further, it prayed for acid attacks to be included as an offence within the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act 1989.

Parivartan Kendra argued that despite the directions of the Supreme Court in Laxmi v. Union of
India, where the Supreme Court had banned over-the-counter sale of acid and directed State
governments to provide a minimum of Rs. 3 lakhs compensation under Victim Compensation
Schemes, acid is still readily available in India and acid attackers continue to be immune to legal
consequences. It pointed out that acid attacks are most prevalent in Bangladesh, Pakistan,
Cambodia and India. All countries except India provide effective remedies to the victims. India
neither provides adequate compensation to the survivors and nor has any standards for treatment
or facilities to treat acid attack victims.

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The Supreme Court noted the lack of proper implementation of regulations or control of supply
and distribution of acid, it did not issue further guidelines in this regard, and focused on the aspect
of compensation. Lastly, the Supreme Court directed the States and Union Territories to take steps
to include acid attack victims in the disability list. The court examined the orders passed in Laxmi
v. Union of India, and held that the judgement did not restrict the compensation to 3 lakhs and
that the court has the power to grant more compensation. In this case, considering the expenses
incurred by the victims’ family and taking into account the victims’ inability to lead a full life as
a result of the acid attack, the court directed the state government to pay a total compensation of
13 lakhs to the victims, and take responsibility for their entire treatment and rehabilitation.

The Supreme Court did not emphasise much on the aspect of criminal prosecution and prevention
of acid attacks. However, it confirmed the orders passed in Laxmi v. Union of India. It highlighted
the plight of acid attack victims to justify the need for enhanced compensation, taking into account
the social stigma they face, the difficulty they have in obtaining employment, and the medical
expenses they incur. The enhanced compensation helps the victim secure medical treatment and
motivates the State to strictly implement the guidelines so that acid attacks are prevented in the
future. More importantly, the Supreme Court directed all States to take steps to include acid attack
victims’ names in the disability list under the Rights of Persons with Disabilities Act. This
recognizes the life-long consequences that acid attack victims face, as was effectively pointed out
by the court and will also enable them to rights and entitlements under the law relating to persons
with disabilities. The list of physical disabilities in the Act includes ‘acid attack victims’.

 Judgement
1. Considering the needs and plight of victims it was held that Rs. 3 Lakhs provided for as
compensation in Laxmi’s case should be treated as a minimum and states could provide for
more compensation as per the needs and circumstances of case.
2. The increasing number of acid attack cases were considered to be because of easy availability
of acid and non-compliance of authorities to check distribution of acid in accordance with
regulations already laid down in this respect.
3. Strict action should be taken against those supplying acid without proper authorization and
against the authorities concerned which have failed to maintain a proper check on them.
4. The states have also failed to comply with Victim Compensation Scheme as ordered by the
Court earlier and have been sanctioning a very meager amount which is not sufficient to
address the trauma of victim.

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5. The court addressed the burden of state that would befall by this order but stated that it was
necessary to help the victim in rehabilitation and to make sure that the state are following the
guidelines properly.
6. The court allowed a compensation of Rs. 10 Lakhs for Chanchal and that of Rs. 3 lakhs for
her sister to be paid within a period of three months from the date of order.
7. Further it took a responsibility upon itself to deal with such victims and directed the state to
make provisions for including acid attack victims in the disability list.

 Significance

This judgment of the Court was progressive in stressing the plight of acid attack victims to justify
the need for enhanced compensation. It tried to highlight the social stigma that victims face, the
difficulty they have in obtaining employment, and the tremendous medical expenses they incur
towards the lifelong treatment of their injuries. The Supreme Court stated that such enhancement
of compensation will not only help the victim secure medical treatment but will also motivate the
State to strictly implement the guidelines so that acid attacks are prevented in the future.

In an important direction, the Supreme Court also directed all States to take steps to include acid
attack victims’ names on the disability list. This recognizes the life-long consequences that acid
attack victims face, as was effectively pointed out by the Court, and would also enable them to
rights and entitlements under the law relating to persons with disabilities.

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 CONCLUSION

There is need for greater awareness about the availability of compensation for victims of acid
attacks. Despite specific directions to the hospitals to provide treatment to victims of acid attacks,
it is still not easy for them to get proper treatment. Public awareness and role of media is very
important to check over the counter sale of acid which is still remains rampant. Liability has to be
fixed on acid producing industries in case of negligence regarding the improper acid discharge. It
is thus felt by NALSA that Legal Services Institutions have a significant role to play and they can
play a pivotal role in ensuring access to the benefits of the victim Compensation Scheme to the
victims of acid attacks and to the medical and other facilities. In order to effectively implement
laws, state must:

 Conduct appropriate investigation

 Protect victims from threats that could undermine those investigation; and

 Prosecute and punish perpetrators of acid attacks.

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 REFERNCES

1. www.scconline.com

2. www.manupatra.com

3. www.nalsa.gov.in

4. www.kelsa.gov.in

5. www.lawcommissionof india.nic.in

6. www.hrln.org

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