Final Sahen

CHAPTER 1
INTRODUCTION
Crime against women is worldwide phenomenon. There are various forms of crime against
women. Sometimes it is even before birth, some times in the adulthood and other phrases of
life. Although, women may be victims of all kinds of crime, be it cheating, murder, robbery,
etc., yet the crimes in which only women are victims and which are directed specifically
against them are characterized as ―Gender-based Violence‖. Women suffer intimate partner
violence, marital rape, rape by other men, incest, foeticide, sexual harassment, trafficking,
prostitution, forceful child marriage, honour-killing, dowry related crimes, domestic violence,
genetic mutilation, Acid attacks etc. These acts are treated as gender-based crimes because
they are committed almost exclusively by men against women.
Every society in the world at present is facing different problems at the societal level against
women; however acid throwing has become the new-fangled type of violence. Acid violence
is one of the most heinous crimes against women, in which acid is thrown onto the face and
body of women with the intention of disfiguring her. Acid violence involves the intentional
acts of violence in which perpetrators throw, spray, or pour acid on the victim. It causes
immediate damage, disfigurement, pain and long lasting medical complications for victim.
Though acid attack is a crime which can be committed against any man or woman, but if we
see various cases, it has a specific gender dimension as most of the reported acid attacks have
been committed on women, particularly young women for spurning suitors, for rejecting
proposals of marriage, for denying dowry etc. A number of women are affected by the acid
attacks.2
1.1. Acid Attacks on Women
The term acid attack‖ describes an attack against an individual in which a corrosive
substance is employed as a weapon to cause severe burns.3 Acid attack is gender based
violence. It has its roots inour patriarchal system, embedded in the vicious desire of men to
control women‘s lives. Over-the-counter availability of acid provides men with misguided
intent an insidious tool to seek ‗revenge‘.
The crime of acid attacks against women in India is becoming more and more common. In
such crimes against women it is always the case that these incidents are either localised or
individualised. It is the pathetic status of women that is perpetuated by the system that is
responsible for such evils. In India, like in most countries, women are treated as second class
citizens and are never given the opportunity to assert themselves by refusing the so-called
love proposals and advances.
These attacks are aimed to dominate and to control the women. According to special report
by Indian nongovernmental organization 80 percent of victims are female, and of these 40
percent are girls younger than eighteen years of age.
1.2 Meaning and Definitions of Acid Attacks
Acid Attacks have been defined as follows:
According to UNICEF, ―In an acid attack, a man throws acid (the kind found in car
batteries) on the face of a girl or woman. Any number of reasons can lead to acid attacks. A
rejected marriage proposal is offered as justification for a man to disfigure a woman with
acid.
The United Nations Entity for Gender Equality and the Empowerment of Women, defines
―Acid attack as any act or omission, caused by corrosive substance/acid to be thrown or
administered in any form on the victim with the intention that such person is likely to cause
to the other person permanent or partial damage / injury or deformity or disfigurement to
anypart of the body or organ or cause death of such victim.
Draft Prevention of Offences (by Acids) Act 2008, ―Acid attack means any act of throwing
acid or using acid in any, form on the victim with the intention of or with knowledge that
such person is likely to cause to the other person Permanent or partial damage or deformity or
disfiguration to any part of the body of such person.
[Type the document title]
1.3. Meaning and Definition of Acid
In an acid attack, the perpetrator uses some kind of acid for attack. So it is necessary
to understand the meaning of term ‗acid‘.
According to Section 3(a), Draft Prevention of Offences (By Acid) Act, 2008 ―acid
means any corrosive substance which has the character of acidic or corrosive or
burning nature that is capable of causing bodily injuries leading to scars or
disfigurement or temporary or permanent disability.
1.4. Effects of Acid Attacks on the Victim
Acid attack causes perpetual sufferings to the victim. The victims of acid go through
a life sentence that forces them to shun society and live in a constant state of fear.
Acid melts flesh and even the bones of a person and it also causes an unparalleled
degree of pain to the victim. Acid attack leaves her mutilated and scarred as well as
giving permanent disabilities at times such as blindness. It permanently
disfigures the physical look of the victim. Victims face lifetime physical, social,
psychological and economic consequences.
1.4.1. Physical Effects on the Victim
Acids are corrosive substances that will cause visible necrosis (death) of human skin
tissue and will even corrode a metal in higher concentration. They can cause serious
poisoning; burning and serious injury can result from exposure to strong acids.
Commonly available acids include Sulphuric acid, Hydrochloric acid, Hydrofluoric
acid etc. Acids are used in laboratories and factories/ industries. In an acid attack the
skin is the main organ of contact. The effects of acid on the skin may include redness,
and burns. In severe cases, it could lead to shock and death. Some other effects
include permanent hair loss and scaring. If inhaled in large quantity it can also lead to
pulmonary disorders. Acid eats the two layers of the skin, i.e. the fat and muscle
School of Law ITM University, Gwalior Page 3

underneath, and sometimes not only eats to the bone but it may even dissolve the
bone.
1.4.2 Psychological and Emotional Effects on the victim

Victims of attacks do not only undergo severe physical trauma but also undergo
traumatic changes in the way they feel and think. Psychological trauma is caused by
both the terror victims suffer during the attack, as they feel their skin burning away,
and after the attack by the disfigurement or disabilities that they have to live with for
the rest of their lives. Victims suffer psychological symptoms such as depression,
insomnia, nightmares, fear about another attack and fear about facing the outside
world, headaches, weakness and tiredness, difficulty in concentrating and
remembering things, etc. They feel perpetually depressed, ashamed, worried, and
lonely. They live life in the fear that they might be attacked again.
1.4.3. Economic Effects on the victim

Acid attacks disfigure victims to such an extent that they are typically left with acute
disabilities. This is perhaps one of the biggest challenges facing survivors following
attacks, as they have to adjust to life with these physical impairments, often without
the specialized help that is required in such circumstances. It is a consequence of this
that many survivors are no longer able to perform simple tasks that previously
enabled them to go about their daily lives, and they thus lose their livelihoods. Life,
for acid survivors, can be a ―perpetual struggle to survive‖. No longer able to study
or work (at least, not without proper assistance and rehabilitation), many survivors
become dependent upon others to provide for them. The provision of this support will
typically fall on family members, and since the majority of acid survivors are from
low socioeconomic backgrounds, this can place extra stress on families who are
overburdened and who may not be best suited to provide this support. The victims
lose their jobs, drops the school or college due to inability to work or study. Their
medical expenses are so high that they became economically dependent on
others and lead an economically weak life.

1.4.4. Social Effects on the victim

Victims face lifetime discrimination from society and they become lonely. They are
embarrassed that people may stare or laugh at them and may hesitate to leave their
homes fearing an adverse reaction from the outside world. It becomes hard for the
victims to go freely in the society. They have to cover their faces to hide their burns
and their disfigured
faces. People look at them like strangers. They couldn‘t think of living a normal life
in the society. They cannot marry anyone. In our society beauty of women is first
preference for marriage purposes. When the face of beautiful women is disfigured
she lost the chances of getting married. They couldn‘t work in the society because
they cannot face it. They do not get jobs due to their disfigured face and body.
Sometimes even family members do not accept them after such incidents.
Discrimination from other people, or disabilities such as blindness, makes it very
difficult for victims to fend for themselves and they become dependent on others for
food and money. Thus, an acid attacks victim couldn‘t live a normal social life. Only
few drops of acid ruin their whole life.
1.5. Reasons/ Causes of Acid Attacks

―All history attests that man has subjugated women to his will, used her as a means
to promote his gratification, to minister to his sensual pleasures, to be
instrumental in promoting his comfort; but never has he desired to elevate her to
that rank she was created to fill. He has done all he could to debase and enslave her
mind; and now he looks triumphantly on the ruin he has wrought, and says the being
he has thus deeply injured is his inferior. . .
Throwing acid is one of the worst crimes that a person can commit. The perpetrator
usually does not want to kill the victim, but wants to do something worse than murder
– make the victim suffer forever. Acid throwing is usually an act of revenge,
motivated by jealousy or hatred, because of a personal relationship problem such as a

broken love affair or marriage, unfaithfulness, or rejection. The perpetrator blames

the victim for the problem, and wants to inflict as much physical and mental suffering
as possible. The acid is usually thrown at the victim‘s face. The perpetrator wants to
destroy the face and make the victim look like a monster, so nobody will love the
victim ever again.
During the analysis of various cases, it is found that following are the reasons for
such attacks:
(i) Cheap and easy availability of Acid: Acid is used as a weapon in

various countries because concentrated acid is cheap and easily available.
(ii) Patriarchal societies and male ego: Patriarchy is the term generally
used to describe a society in which there is an unequal distribution of
power and privilege between males and females. Historically, and even to
some extent in contemporary life, men have had jurisdiction over both the
public sphere-political, economic, and cultural affairs and the private
sphere of the home, whereas women were expected to involve themselves
only with the private sphere of the home and the raising of children.
(iii) Rejection in love and Refusal of indecent proposals: Rejection in love
and marriage proposals is another major reason of acid attacks. Such
crimes against women are often masked in rhetoric of love. Men justify
their act of disfiguring women that often springs from her refusal to
reciprocate their love. Love has been present in the human life since time
immemorial. In such crimes against women it is always the case that these
incidents are either localized or individualized. It is pathetic status of
women that is perpetuated by the system that is responsible for such evils.
In India, like in most countries, women are treated as second class citizens
and are never given opportunity to assert themselves by refusing the so-
called love proposals and advances. Tacit submission is the only course
that is open to her.

(iv) Land or money disputes; business conflicts: In some cases land, money
or business conflicts are the reason of acid attacks. Property and land
disputes can be sometimes motive for acid attacks against men.
(v) Suspicion of infidelity: In few cases the suspicion of infidelity is reason
of acid attack. For example, in a case in India, Hazara Singh laboured
under a strong delusion of the faithlessness of his wife. He used to ill-treat
his wife due to suspicion and due to his suspicion one night he pours acid
on his wife. The witness found that the Anant Kaur (wife of Hazara
Singh) was lying dead burnt almost all over her body by acid. The
deceased‘s forehead, face, chest, abdomen, external genitals, thighs,
buttocks and mostly all other parts of body were burnt with acid.
In another case, the accused was suspicious about the character of his wife
and inserted mercuric chloride into her vagina; she died due to renal
failure. The accused was charged and convicted under Sections 302 and
307 of Indian Penal Code.
(vi) Lack of laws for restrictions on sale and purchase of acids: There is
lack of laws restricting sale and purchase of acids in India. Recently
Supreme Court of India in July 2013 in the case of Laxmi v. UOI has
given guidelines to restrict the sale and purchase of acid.
(vii) Family disputes; domestic violence; relationship conflicts: In the case
of domestic violence, husbands perpetrate a significant portion of acid
attacks against their wives. In India, several women have reported that
their husband or other family members attacked them with acid.
(viii) Dowry demands:In India, a wife‘s parents‘ refusal to give more money
for dowry is frequently cited as reason for acid attacks perpetrated by the
husband or the husband‘s family. In one case in India, Harvinder Singh
went to home of his wife‘s father, where his wife was living at the time.
He had a one-liter can filled with acid in one hand. He asked his wife for
dowry but when she refused, he poured can of acid on her. She died the
following day because of injuries caused by acid.

(ix) Sexual crimes: Sometimes in the cases of sexual crimes acid is used as a
weapon for revenge. For example in a case in India a nurse and a
compounder conspired and poured a mixture and kerosene over a doctor
as revenge for an alleged rape by him of the nurse. The doctor sustained
100% burn injuries and later expired due to them.
(x) Media: Today media is also highly impacting such crimes. The visual
media, cinema in particular influences the attitudes and mindset of the
general public to a great extent. Multinational corporations (MNCs) and
Cinema Industry, with their neo-liberal approach, are treating women as
commodities. They have redefined the concept of beauty. Obscene and
near-pornographic advertisements are stereotyping women in society.
CHAPTER 2
ACID ATTACKS: HISTORICAL BACKGROUND
2.1. Introduction

Violence against women has been accepted and even condoned throughout history.
Many feminists claim violence against women is the result of a deeply entrenched
patriarchal culture that encourages and rewards male domination. They say that in a
patriarchal culture, men are more likely to use violence to keep their dominant position.
While society claims to abhor violence, we often make heroes of men who are
aggressive. In the culture of masculinity, heroes are often predicated on some kind of
violent action.
2.2. Violence against women: Historical Background
Legal, historical, literary and religious writings all contribute to understand the unique
status of women. But in reality, women rarely had an identity apart from that given to
them as wives, mothers, daughters and departure from that identity was discouraged.
The seeds of violence in the subordination of females lie in their subjection to male
authority and control. This relationship between the women and the men has been
institutionalised in the structure of Patriarchal family.2
Patriarchy refers to the male domination both in public and private spheres. The word
patriarchy‘literally means the rule of the father or the „patriarch‟, and originally it was
used to describe a specific type of ‗male-dominated family‘ – the large household of the
patriarch which included women, junior men, children, slaves and domestic servants all
under the rule of this dominant male. Now it is used more generally ―to refer to male
domination, to the power relationships by which men dominate women, and to
characterise a system whereby women are kept subordinate in a number of ways‖.
1 Available at: http://www.pbs.org/kued/nosafeplace/studyg/origins.html, (visited

on October 2, 2016).
2 Laxmi Devi, Crime, Attrocities and Violence against Women And
Related Laws and Justice, 123 (Institue for Sustainable Development,
Lucknow and Anmol Publications Pvt. Ltd. New Delhi, 1998).
father or the „patriarch‟, and originally it was used to describe a specific type of male-
dominated family‘ – the large household of the patriarch which included women, junior
men, children, slaves and domestic servants all under the rule of this dominant male.
Now it is used more generally ―to refer to male domination, to the power relationships

by which men dominate women, and to characterise a system whereby women are kept
subordinate in a number of ways‖.3
The emergence of a patriarchal hierarchy can be traced throughout the

foundations of India‘s history, from the Pre Vedic Period to India post-Independence. In
doing so, the deeply ingrained quality of subjugation becomes apparent. The beginning
of civilization saw no legitimate gender hierarchy, nor violence against women. Within
the Vedic Period (1500-800 BCE), however, society became increasingly structured.
Despite women being honored as sacred within the Hindu culture, this time period also
saw the establishment of the institution of marriage. This developed the obligation of
women to remain in the household, and to birth a son. Following the Vedic Period, from
around 500 BCE to 1850 CE, this dichotomous role for women was further cemented.
Women came to be regarded as both an object of control and one of worship. Required
to serve as both a submissive wife and a beacon of chastity, women soon became
defined by the standards set by their husbands and families.
4 Dumont defines hierarchy as the religiously-inspired idea of the superiority of the pure
over the impure. Dumont rejects Western interpretation of the caste system as a mere
form of social stratification, additionally refuting the belief that caste is the antithesis of
equality. Dumont instead argues that Indian society must be understood in its own terms.
The crux of the Indian social system is the single principle of opposition, and separation,
between the pure and the impure. Dumont explains hierarchy as a fundamental social
entity, classifying individuals and groups in accordance with their ―degree of dignity :
Violence Against Women in India: Origins, Perpetuation and Reform Emma Livne
Department of History Global Studies, Spring
3. Abeda Sultana, Patriarchy and women subordination, Available at: https:// www. scribd. com/
document/242426636/ Patriarchy-and-Women-Subordination -A-Theoritical-Analysiss, (visited on March
7, 2017).

Furthermore, women also saw the separation of the two. On one hand they were revered
as goddesses, while on the other, their presence and participation was forbidden in
religious practices. The Post-Vedic Period also saw the arrival of sati: a Hindu funeral
ritual in which a widow commits suicide by way of lighting herself on fire. The
immolation traditionally served as evidence of the widow‘s devotion to her deceased
husband.5
As British colonizers attempted to assert their control over the population, they sought to
reform Indian traditionalism, being strongly critical of women‘s lack of autonomy and
role in the family. In response, India gained a particularly gendered model of
nationalism in order to protect what they believed to be an essential part of their cultural.
This distinct tension between colonial forces and historical norms in effect created a new
kind of patriarchy, different from that experienced before and during colonial times. The
post-colonial patriarchy still present today exemplifies the theme of tension between
those attempting to address the hierarchal status quo through reforming the roles of
women, and those who call upon cultural and historical tradition in order to resist
change.6
5 ―Violence Against Women in India: Origins, Perpetuation and Reform Emma

Livne‖, Department of History Global Studies, (Carnegie Mellon University,
Spring, 2015), available at:https://www.google.co. in/url?sa= t&rct=j &q=&
esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjbua6KsoTPAhW
IQo8
KHREFD9UQFggdMAA&url=http%3A%2F%2Fwww.cmu.edu%2Fhss%2Fglo
balstu dies%2Fimages%2Flivne-gs-capstone-paper.pdf&usg=AFQjCNFhikYi0
cRrCAPGcRYstoQstwsc7w, (visited on October 14, 2016).
6 Ibid.

Towards the end of British rule, women increasingly found their marginalization and
inequality to be unacceptable, and so began to fight for position in mainstream society.
Upon India‘s independence in 1947, many women participated in a large push-back
against the patriarchy, viewing the emancipation as an opportunity to pursue progress
.By bringing cultural analysis beyond merely declaring a lack of gender equity; we are
able to further understand India‘s own tolerance of inequality.7 The incidence of sexual
violence against women is greater in societies with male dominated ideologies and a
history of violence, as is the case in India.
2.4. History of Acid Violence
In the ancient Greek times, vitriol (a hybrid of sulphuric acid) was used to purify gold
and fabricate imitation precious metals. In the 18th century, vitriol was also used by the
ancient Sumerians, Romans, Persians, Arabs, and Indians from the second century AD
to until the late medieval writings. Vitriol appeared in Europe during the 16th century,
and a recorded case of an acid attack occurred in 17th century
France under the rule of King Louis XIV Many reports suggest vitriolic attacks were in
vogue during the late nineteenth century in the United Kingdom and Europe.23
Sulfuric acid, was first manufactured on an industrial scale in England in the 1740s, and
people began using it for violent purposes
21 Available at: http://www.endvawnow.org/en/articles/731-defining-honourcrimes-and-

honour-killings.html, (visited on October 15, 2016).
22 Available at: www.risecoalition.org/what-is-acid-violence/, (visited on October 25, 2016).
23 ―It was like burning in hell: A Comparative Exploration of Acid Attack Violence‖,
available at:https://www.google.co.in/url?sa=t &rct=j&q=&esrc=s &source=web&
cd=1&cad=rja&uact=8&ved=0CCcQFjAA&url=http%3A%2F%2Fcgi.unc.edu%2Fup
loads%2Fme2Fmedia_items%2Fit-was-like-burning-in-hell-a-comparative- exploration-
of-acid-attack-violence.original.pdf&ei=ODWCU_nPM4iRuASUm4Hg Cw&usg=
AFQjCNFO2g DJ9FPDK1C1Ql9pNrAGkzsMyw&bvm=bv.67720277,d.c2E, (visited on
July 21, 2014).

in Western Europe and the United States once it became easily obtainable (It was sold
as a bleach and a cleaning agent―The crime of throwing vitriol has, grieved to say,
become so common in this part of the country, as to become almost a stain on the
national character‖. In addition to being favored as a weapon in labor clashes, sulfuric
acid was a common weapon in domestic disputes. For instance, in 1865, the New York
Times reported that a jealous husband was arrested for disfiguring his wife with acid
after threatening to ―spoil her figure‖.24
A ―wave of vitriolage‖ occurred, particularly in France, where
in 1879, 16 cases of vitriol attacks went before the Court; and from 1888 to 1890 there
were 83 reported cases (Hartman 240; Guillais 149). The rhetorical and theatrical term
La Vitrioleuse was coined, and their violent acts were widely reported in the popular
press as ―crimes of passion‖, perpetrated predominantly by women against other
women, and ―fuelled by jealousy, vengeance or madness and provoked by betrayal or
disappointment‖ La Vitrioleuses intentions were to disfigure the individual facial
features of their disloyal mate or female rival, therefore robbing him or her of the
possibility of further amorous or sexual activity (Harris 238). The crime of vitriolage
produced widespread cultural myths about these women‘s based crimes and the
responses to it (which) presumed that the victim had participated in creating the
conditions that inevitably spilled over into violence.25
In other 19th and early 20th century cases, women threw acid on the men who
impregnated them outside of marriage, on former lovers who spurned them, or on their
husbands‘ mistresses. Throwing vitriol
24 Available at: http://www.slate.com/articles/news_and_politics/explainer/2013/

02/history_of_acid_violence_when_did_people_start_throwing_vitriol.html, (visited
on September 9, 2013).
25 Supra note 22.

was a way not only of causing someone immense pain, but also of rendering him or
her unattractive, which goes partway toward explaining its use in sexually, charged
disputes. (A strong base, such as lye, can also blind and disfigure a victim).26
In the past there were not so many incidences of acid attacks, but now the
number of acid attacks has been increasing continuously. The use of acid as a
weapon began to rise in many developing nations, specifically those in South Asia.
The first recorded acid attacks occurred in Bangladesh in 1967 and Cambodia in
1993. Since then,
research has witnessed an increase in the amount and severity of acid attacks in
South Asia.28
India has long been witness to incidents of acid violence and available records show
the earliest acid attack was reported to have taken place in 1920, according to the
Acid Survivors Foundation (ASFI) in India.The attack was in the Bombay
Presidency of British India where Ali Mohammed Farag threw sulphuric acid in the
face of Abdullah Mohammed Jabli on September 6, 1920. It has been a widely
prevalent phenomenon and has been increasing at an alarming rate.29
In the case Hazara Singh v. The State30, Hazara Singh poured acid on his wife
under a strong delusion of the faithlessness of his wife. The facts of the case are that:
Hazara Singh married his wife
26 Supra note 23.

27 Available at: http://paperspast.natlib.govt.nz/cgi-
bin/paperspast?a=d&d= TC19160107.2.10, (visited on August 12, 2015).
28 Ibid.
29 Available at: http://www.atimes.com/article/acid-attacks-india-date-
back-1920/, (visited on September 4, 2017).
30 AIR 1958 P&H 104.

Anant Kaur deceased something like 35 years back. She was one of the daughters of Lal
Singh, whose one other daughter, younger to the deceased, was named Durga Devi, who was
married to Badri Nath. Lal Singh is living in Nawan Kot of Amritsar. The appellant was also
living in the same house but, with his deceased wife, was occupying a separate room. Badri
Nath was living nearby some houses away, His wife Durga Devi died something about a year
and three quarters before the occurrence of this case. She left children one of which was only
aged about 5 or 6 years. The deceased was in the habit of going to the house of her brother-in-
law Badri Nath to attend to the children of her deceased sister. This led the appellant into a
suspicion that she was carrying on with Badri Nath. He ill-treated her on that account. He
laboured under a strong delusion of the faithlessness of his deceased wife, so much so that his
son Hardev Singh made an application for his mental examination in order to secure place for
him in a mental home. Dr. Vidya Sagar, Superintendent of Mental Hospital at Amritsar,
examined him on 22-6-1956 and he found him under a strong delusion about the disloyalty of
his wife. He was of the opinion that the appellant indicated signs of insanity on account of the
delusion and on account of certain information supplied about him by his son. But it appears
that the appellant continued to live in his house and harboured the idea in his mind that his
deceased wife was being unfaithful to him all the time. He continued ill-treating her.She
complained of her ill-treatment to her father Lal Singh and in spite of the letter‘s efforts her
lot did not improve. On the evening of 25-7-1956 the appellant again ill-treated his deceased
wife, whereupon she complained to her father Lal Singh, who in his turn called to his house
Badri Nath, Harbans Singh, Harbhagwan Dass and Bhag Singh, all neighbours. All of them
got together to persuade the appellant not to ill-treat his wife and the appellant promised to
them that he would not do so in future. The talk started at about 9 p.m. and lasted till about
midnight. It was late. Harbhagwan Dass Pand Bhag Singh returned to their houses. Lal Singh,
Badri Nath and Harbans Singh slept outside the house of Lal Singh but in the lane. The
appellant and his deceased wife went in and slept in their room. It was a dark and cloudy
night. At about 2 or 2-30 a.m. shrieks of Anant Kaur deceased were heard frorn inside the
room of the appellant. They woke up Lal Singh, Badri Nath and Harbans Singn. They made
for the room. Harbans Singh threw torch light inside the room and the witnesses saw that the
appellant was holding his deceased wife by the neck. He, thereafter, immediately ran away
passing out of the room by another door. The witnesses went inside the room and found that
Anant Kaur was lying dead burnt almost all over her body by acid. Lal Singh reached
Division D Police Station of Amritsar and lodged the report at 4:30 a.m.

The post-mortem examination on the dead body of Anant Kaur deceased carried out
by Doctor found the forehead, face, front and sides of neck, front and side of chest, front and
sides of abdomen, external genitals, front and sides of upper half of both thighs, buttocks and
hips, both upper limbs including shoulders and the whole of the back, except back of the
neck, showed greyish marks of different sizes and shapes, spread all over, mostly overlapping
but with small areas of healthy skin at places. The marks were of first and second degree
burns with acid. At the trial the appellant denied having murdered his wife. He stated that he
surrendered himself at the Amritsar Railway Police Station on 26.07.1956. He also took the
position that Lal Singh and his son had implicated him laisely because they were indebted to
him. He asked that he should be mentally examined. The fact that the appellant was found
within a couple of hours of the occurrence with burns of similar type and caused by acid, is a
strongly corroborative circumstance connecting him with the murder of his deceased wife.
This circumstance along with the unimpeached evidence of the eye-witnesses proves beyond
any shadow of doubt that it is the Hazara Singh who is responsible for the death of his
deceased wife. He has therefore rightly been convicted under Section 302 of the Penal Code
and his conviction is maintained for life term.31
Mewa Lal accused, was charged to stand trial under Section 326 Indian Penal Code
for voluntarily causing grievous hurt to Miss Gita daughter of Mr. B.N. Lal by means of
acid, a corrosive substance. Mewa Lal threw acid on the victims face. The liquid splashed on
her face produced some redness (erythema) on the skin over a part of her face involving her
upper eye-lids. There was no corrosion, of the skin or other deformity. The accused was
convicted for causing hurt under Section 323 of the IPC and a meagre fine of Rs. 300 along
with 15 days imprisonment was awarded. This punishment was criticised.
31. Ibid.
Bhagalpur Blinding case33 is a horrifying case of acid violence in the history of
India. The Bhagalpur blinding refers to a series of incidents in 1979 and 1980 in
Bhagalpur in the state of Bihar, India when police blinded 31 under trials, by pouring acid
into their eyes. The petitioner Bachcho Lal Das, who has filed these Misc. Petitions, had
assumed charge as the Superintendent of the Bhagalpur Central Jail on April 19, 19791.
The whole country and the Court awoke one day to the incredible fact that, in Bhagalpur,
undertrial prisoners were subjected to the most inhuman torture imaginable: their eyes
were pierced with needles and acid poured into them. Six prisoners were blinded between
October 1979 and May 1980 and twelve between June 11 and July 25, 1980. On October
26, 1979 a prisoner by the name of Arjun Goswami was sent to the Bhagalpur Central
Jail. On November 20, 1979 he addressed an application to the Chief Judicial Magistrate,
Bhagalpur, asking that an inquiry be held into the torture inflicted upon him, especially
the blinding of his eyes. That application was forwarded by the petitioner to the Chief
Judicial Magistrate. Later, eleven prisoners made similar complaints which were
forwarded by the petitioner to the learned Sessions Judge, Bhagalpur, On July 30, 1980.
The complaints made by these prisoners unquestionable demanded the most prompt and
careful attention. But, instead of directing a full and proper inquiry into the allegations
made by the under-trial prisoners, the learned Sessions Judge, on August 5, 1980, sent a
cold and indifferent reply to the petitioner‘s covering letter, saying that ―there is no
provision in the Code of Criminal Procedure to provide a lawyer to any person for
prosecuting a criminal case as a complaint‖ and that the petitions of the prisoners were
forwarded to the Chief Judicial Magistrate, Bhagalpur, ―for needful in accordance with
law‖.
On October 9, 1980, ten blinded prisoners filed a Habeas Corpus petition in this
Court (Criminal Writ Petition No. 5352 of 1980) asking that: (I) they should be produced in
the Court, (2) they should be examined by a Medical Board, (3) they should be paid
compensation for the damage done to their eyes and that (4) the police officers guilty of
committing atrocities upon them should be suitably punished.34
34. Ibid
On October 10, 1980 a Bench of this Court consisting of one of us, (the Chief Justice), and
Justice A.D. Koshal passed the following order in that petition:35
―We direct that the petitioners shall be examined by the Jail Doctor forthwith and a report
shall be submitted to this Court expeditiously in regard to the allegation in the petition that
their eyes have been damaged by certain police officers by putting acid therein.
The report shall be submitted within four weeks from today. The W.P, be listed
for hearing after the report is received‖.
By his letter dated October 31, 1980 the petitioner, who is respondent 2 in the Habeas Corpus
petition, forwarded to this Court the report of the Jail Doctor on the condition of the eyes of
the prisoners. The remaining 2 prisoners were already released and could not therefore be

examined. The report of the Jail Doctor in regard to one of the prisoners, Anil Yadav, is
representative of the condition of all the eight of them and may be extracted here:36
(1) Presence of old burn scar around both the eyelids of both the eyes and on left
cheek.
(2) Collapse of both the eye balls.
(3) Perception of light and projection of rays absent in both the eyes.
(4) Eye sight of both the eyes lost.
The cause is perforation of eye balls by burn with some corrosive substance and
puncture by some sharp and pointed weapon.
From the records of Jail Hospital it is known that he was admitted in Jail Hospital on
8.7.1980 for acid burn injury of both the eyes. On December 1, 1980, the Court (the Chief
Justice and Chinnappa Reddy, J.), while directing that the prisoners be brought to Delhi the
following week and be examined at the Dr. Rajendra Prasad ophthalmic institute, New Delhi,
passed the following order:37
36 Ibid.
37 Ibid.
The report of the doctor which we had called for by our order dated October 10, 1980
shows that eight out of the ten petitioners before us have lost their eye-sight totally or
partially. The report submitted by Dr. K.S. Roy in each individual case shows that:
(i) most of the petitioners are suffering from collapse of one or both of the eye-balls;
(ii) the sight of one or both of their eyes is lost;
(iii) there is perforation of their eye-balls by burn with a corrosive substance and that
(iv) their eyes have been punctured by some sharp and pointed weapon.
The remaining two petitioners have been released and therefore no report could be
sent regarding them. The report of the doctor will shock the conscience of mankind.
There has been the most flagrant violation of the safeguards provided by Articles 19
and 21 of the Constitution. There is nothing that the Court can do to restore the
physical damage, which seems irreparable. But the offenders must at all events be
brought to book, at least in the hope that such brutal atrocities will not be committed
again.38
CHAPTER 3
PROTECTION OF WOMEN’S RIGHTS: INTERNATIONAL

PERSPECTIVE
3.1. Introduction
Violence against women is a problem of pandemic proportions. The

advancement and protection of women against any kind of violence has been a
focus of the International Organizations. There are certain International
conventions which are relevant in the context of acid attacks and regulate such
incidents.
All the International treaties or conventions do not

automatically become part of laws in India. It requires to fulfill some condition
that the legislation is to be made by the Parliament for the implementation of
international law in India. The basic provision of the Constitution of India, by
virtue of which international law becomes implementable through municipal
laws of India is Article 51(c). Article 51(c) of the Constitution enjoins the State

―to endeavor to foster respect for international law and treaty obligations in
the dealings of organized peoples with one another‖.
Indian judiciary, has interpreted India‘s obligations under

international law into the constitutional provisions relating to
implementation of international law in pronouncing its decision in a case
concerning issues of international law. Through judicial activism the Indian
judiciary has played a proactive role in implementing India‘s international
obligations under International treaties, especially in the field of
human rights and environmental law.
1. INTERNATIONAL ENDEAVOURS ON ACID ATTACKS

Acid attacks are the brutal form of violence that undermines the basic
rights guaranteed to an individual under several human rights instruments.
Following are some of the significant provisions of international human rights
instruments as well as international initiatives that were taken at the
international level to address gross human rights abuses of acid attacks-
2.1 Universal Declaration of Human Rights
The wordings of Article 3 of the Universal Declaration of Human
Rights (UDHR) provides for right to life, liberty and security of person. The
term ‘person’ includes every single individual. However, this significant
provision of the UDHR is greatly undermined by the incidents of acid attacks.
In most of the cases, the victims are not killed but they are given a life of
unexplainable miseries and complications. The chemical burns of acid can
completely destroy the nose, throats and eyes of the victim that makes eating
and breathing intolerable or completely impossible. It destroys eyesight or
makes the victim blind. The ever increasing number of such horrific cases
whether committed in public places, busy bus stops or in victims own

residence; shows that people are not secured anywhere and the rights
guaranteed under Article 3 of the UDHR has remained a mere provision. 1
Article 5 of the UDHR prohibits torture and cruel, inhuman or
degrading treatments. However, the consequences of acid attack are no less
than cruelty and torture. Social isolation, unbearably expensive cost of
medical treatments, guilt and shame makes the victim feel like they are a
burden for their own families. Inadequacy of rehabilitation schemes is another
major problem as far as acid attack is concerned. Hence, considering the
consequences and after attack changes that the victims face; acid attacks can
be regarded as the most degrading and dehumanizing form of violence
prevalent in the world. 2
Under the provision of Article 25 (1) of the UDHR right to health care
has been made a fundamental human right. It further elaborates that everyone
has a right to a standard of living adequate for health of himself and of his
family, including medical care and necessary social services and the right to
security in the event of unemployment, sickness, disability or other lack of
livelihood in circumstances beyond its control. However, despite this
significant provision being inserted under UDHR, many victims who cannot
bear the huge expenses of treatment receive extremely poor or in some cases
no medical care at all. Without a concrete provision at the national level to
determine the quantum of compensation to be paid, victims in most cases only
get negligible amount of financial help. 3
2.2 Convention on Elimination of All Forms of Discrimination against

Women
The United Nations Convention on the Elimination of All Forms of
Discriminations against Women (CEDAW) was adopted General Assembly
Resolution A/RES/34/180 in 1979 and it came into force on September 3,
1981. The Convention may be described as the Magna Carta of women’s
human rights as it essentially constitutes the international Bill of rights for
1
. Awasthi and Kataria, Law Relating to Protection of Human Rights, Orient Publishing Company, New
Delhi. 2011. Print.
2
Delhi. 2011. Print.
3
Delhi. 2011. Print.
women. The preamble of CEDAW recalls that discrimination against women

is a major obstacle to women’s participation in political, social, economic and
cultural activities as equals to the males. Discrimination against women also
violates the principles of equality of rights and respect of human dignity. A
holistic development of the personalities of women, the growth and
development of the society and family is also significantly undermined when
discrimination against women prevails. Therefore, putting an end to
discrimination against women is the central focus of CEDAW that covers
gender based violence and abuse like acid attacks. 4
In the absence of stringent legal provisions, cases of acid attacks go
unreported and perpetrators easily escape punishment. The survivors as well
as their families fight back against all the odds without any support, empathy
or justice for the violence they experience.
2.3 Declaration on the Elimination of Violence against Women
The Declaration on the Elimination of Violence against Women was passed in
1993 by the United Nations General Assembly. This Declaration aims for the
universal application to women of the rights and principles with regard to
equality, security, liberty, integrity and dignity of all human beings. India is
under an obligation to implement the provisions of this Declaration as it has
ratified the Declaration on the Elimination of Violence against Women.
Under Article 4 (f) of this declaration the member states are recommended to
develop preventive approaches with the help of legal measures for violence
against women. Under this provision the state parties are expected to focus on
all such measures; be it legal, political, administrative or cultural in nature. 5
Incidents of gross human rights abuses like acid attacks can be brought down
under control when stringent provisions and initiatives are taken at the
national and local levels. International instruments can give an overall idea on
how and what steps can be taken to address a specific issue. However, to
eradicate social evils; it is necessary to focus on the specific nature of the
problem at different localities. Hence, national and local level measures are
necessary to address the uniqueness in the nature of the problem. Similarly,
4
. Human Rights in International Law. Council of Europe Publishing, Universal Law Publishing Co.
2011. Print.
5
. Brownlie, Ian and Goodwin-Gill, Guy S. Basic Documents on Human Rights, 2007. Print.
the nature, causes and magnitude, after attack treatment, compensation and
punishment for the perpetrators of acid attacks differs from country to country
and hence the Declaration on Elimination of Violence against Women
encourages on taking country specific measures. The nature and type of such
measures are not only limited to legal spheres, but also extends to political,
administrative or cultural initiatives.
2.4 General Recommendation No. 19 (eleventh Session, 1992) 6 by the
Committee on Elimination of Discrimination against Women
Para 11 of the General Recommendation No. 19 made by the Committee on
the Elimination of Discrimination against Women views that the traditional
attitudes of regarding women as subordinate to men results in the widespread
practices involving violence or coercion 7. In this recommendation, acid attack
finds a mention as a type of violence against women. The Committee views
that the prevailing prejudices and practices of regarding women as
subordinate to men may justify gender-based violence as a way of protecting
or controlling women. However, the physical and mental effect of such
violence is severe on women. It deprives them the equal enjoyment, exercise
and knowledge of human rights and fundamental freedoms.
2.5 Special Rapporteur on Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (15 th September, 2010)
‘Acid burning attacks- Victimization, Survivors, Support’, a side event
sponsored by Women’s UN Report Network, Worldwide Organization for
Women and NGO Committee on the Status of Women, 15 th September 2010,
Geneva. In this event the report presented by Manfred Nowak, Special
Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment highlights some important issues relating to acid attacks. The
report states that many a time women victims of acid throwing incidents are
the ones attacked by husbands, ex husbands or even partners making it a
domestic violence in the form of intimate partner violence. The effects of
disfigurement and scarring is so intense that fearing rejection and society’s
6
. “General Recommendations made by the Committee on the Elimination of Discrimination against
Women.” http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm. United
Nations Entity for Gender Equality and the Empowerment of Women. Web. 21 May, 2016.
7
. Violence against women is a long existing problem that includes family violence and abuse, forced
marriage, dowry deaths as well as acid attacks.
stigma; the survivors seclude themselves and lead of life of complete

isolation.
Another important and in fact major issue i.e. access to justice, reparations
and rehabilitation of the survivors of acid attack has also been strongly raised
in this report. Access to justice specifically becomes difficult for women
victims due to restricted movement, discriminatory laws, financial and
economic constraints etc. Lastly, this report also acknowledges the
significance of counselling at each stage of physical recovery. After a horrific
incident of acid attack takes place, the life of the victim undergoes a complete
change and for the victims to adapt themselves to the newness, counselling is
the best and the only way out. 8
2.6 United Nations Trust Fund in Support of Actions to Eliminate Violence
against Women
The 2014 report prepared by the United Nations Entity for Gender Equality
and the Empowerment of Women highlighting the activities of the United
Nations Trust Fund in Support of Actions to Eliminate Violence against
Women shows that gender based violence/violence against women is a
growing concern.
In the year 1996 the United Nations Trust Fund in Support of Actions to
Eliminate Violence against Women, a multilateral grant-making mechanism
was established by the General Assembly resolution 50/166. On behalf of the
United Nations system this Trust Fund is administered by the United Nations
Entity for Gender Equality and the Empowerment of Women (UN-Women).
This report mentions that with the increasing gender based violence,
women’s right to peaceful existence is systematically violated. Eradication
of the existing gender based violence is not possible without sustained social
and political will and engagement, increased financial resources, effective
legal and policy responses and comprehensive interventions.
In order to bring down the number of ongoing gender based violence, the
Trust Fund focuses on three specific areas:
 Firstly, prevention of violence against women and girls,
8
. Statement by Manfred Nowak Special Rapporteur on Torture and other cruel, inhuman or degrading
treatment or punishment, Side-event “Acid burning attacks – victimization, survivors, support” ,
http://www.wunrn.org/news/2013/07_13/07_29/072913_un3_files/SR%20Torture%20Statement%20
on%20Acid%20Attacks%20&%20Torture.pdf . Web. 26 May, 2016.
 Secondly, expansion of access to justice and support services for survivors of

violence and
 Lastly to expedite the implementation of laws and policies aimed at ending
violence against women and girls.
These three are vital to address gender based atrocities and ensure women a
life of security. Ending violence against women is possible only with the
help of stringent legal provisions. If laws are silent on gender violence;
victims will not have an authority to approach to for justice. In Cambodia,
enactment of the 2012 Acid Attack law would not have been possible
without the active role of the Acid Survivors Trust International, a former
grantee, and its partner, the Cambodian Acid Survivors Charity. As a result
of enactment of a specific law regulating acid violence, in early 2013, the
Phnom Penh Municipal Court handed down the first conviction for an acid
attack.9
2.7 United Nations Entity for Gender Equality and the Empowerment of
Women
United Nations Entity for Gender Equality and the Empowerment of Women
is known as UN Women in short. It was created by the United Nations
General Assembly. UN Women, a global campaign for girls and women, is
dedicated to the cause of gender equality and empowerment of women. UN
Women focuses on human rights issues that have a gender dimension. It
works towards eradication of violence against women, economic
empowerment, leadership and participation, peace, security, national
planning and budgeting etc.
New Delhi based multi country office of UN Women exercises its
jurisdiction over Bhutan, India, Maldives, and Sri Lanka. In its effort
towards eradication of gender inequity, UN Women majorly focuses on
advocacy campaigns, establishment of legal frameworks as well as national
actions. In order to work effectively at the grassroots level UN Women
works in partnership with governments, civil societies and UN system. 10
2.8 Acid Survivors Trust International (ASTI)
9
. Report of the United Nations Entity for Gender Equality and the Empowerment of Women on the
activities of the United Nations Trust Fund in Support of Actions to Eliminate Violence against
Women.
10
. “UN Women.”http://www.unwomen.org/en. Web. 2 June, 2016.
At the international level, Acid Survivors Trust International is the only

organization in the world that works to end acid violence across the world.
This organization works to increase awareness of acid violence and develop
effective responses both at the national and international levels. It has also
established six partner organisations in Bangladesh, Cambodia, Pakistan,
Nepal, Uganda and India in order to combat the violence of acid attack more
effectively. It works in co-operation with UN agencies, Non-Governmental
Organizations and strategic partners from across the world. The partner
organisations of ASTI in Bangladesh, Pakistan and Cambodia have
effectively played their advocacy role that lead to legislative reforms and
reduction in the number of such violence. In Bangladesh the government has
introduced acid specific legislation in the year 2002, the Pakistani
Government passed the Criminal Law Amendment Act 2011, the Cambodian
government passed legislation in 2012. 11
ASTI helps its partner organisations through financial and technical
support, sending volunteer plastic surgeons, burns and physical therapists,
nurses and counsellors etc. who train local medical and psycho-social
practitioners provide victims with the specialist care and treatment. ASTI
works towards fulfilment of four goals-
Firstly, to ensure that survivors of acid and burns violence have the
best available medical treatment.
Secondly, ASTI aims to provide legal support and advice to survivors
and their families.
Thirdly, ASTI assists in the rehabilitation, education and training of
survivors. Rehabilitation, counselling and training plays a vital role in
enabling the victims to lead independent and fulfilling lives despite their
injuries.
Lastly, it works towards preventing, reducing and ultimately
eliminating acid attacks.
2. CONCLUSION
At the international level the United Nations tries to protect human
dignity and ensure security of the people. Bangladesh, India and Cambodia
11
. “Acid Survivors Trust International.”http://www.acidviolence.org/. Web. 21 March, 2016.
the three countries with the most noted incidence of acid attacks are ranked
64th, 108th and 109th out of 145 countries on the Global Gender Gap Index 12
201513. Hence there definitely is a gender dimension into the cases of acid
attack. However, recently cases have also been reported where even males
have become victims of such crimes as it is an easy effective method of
harming and killing enemies. Considering the international obligations of
countries under the human rights instruments countries like Bangladesh and
Cambodia have enacted specific legislations to regulate issues of acid attack
within their territories. After passing of statutes that specifically deals with
the issue, the rate of acid violence in these countries have come down
significantly. Therefore, the Government of other countries where the crime
of acid attack is prevalent should also take the initiatives of passing specific
legislations addressing the crime of acid attack.
(ii) Cambodia
According to data gathered by the Cambodian Acid Survivors Charity

(CASC) on people treated in hospitals for acid burns, there have been 271 acid
violence victims between 1985 and June 2010 in Cambodia. Prior to the period
between 1999 and 2000, the number of reported acid attacks in Cambodia
remained relatively low. Then, there was a sharp increase in reported acid
attacks in 2000 after the much-publicized acid attack on Cambodian singer Tat
Marina on December 5, 1999.32 The increased number of reported attacks may
be the result of copycat crimes.33 In 2010, acid attacks continued to occur at
an alarming rate.
Cambodia has not yet adopted criminal laws that specifically address acid
violence or laws that are aimed at reducing the easy availability of acid.
The Law in Cambodia:
As above mentioned, Acid Violence is not specifically addressed in

Cambodian criminal law. Perpetrators can be charged with battery with injury,
which carries a sentence of up to 10 years imprisonment.
12
. Global Gender Gap Index is an index designed to measure gender equality and for the first time the
Global Gender Gap Report (2006) was published by the World Economic Forum.
13
. A copy of the 2015 Global Gender Gap Index is attached in appendix I.
A draft provision in Cambodia‘s domestic violence law is being

approved by the National Assembly and Senate. It proposes a punishment for
acid throwers of between 5 – 10 years imprisonment. Anyone who voluntarily
strikes another resulting in injury leading to permanent disability or temporary
disability lasting more than six months, is guilty of battery and shall be liable to a
punishment of one to five years in prison.If the disability lasts less than six
months, the offence shall be punished by term of imprisonment of six months to
two years.If there is no disability, the punishment shall be a term of
imprisonment of two months to one year.If any weapon is used to strike the
blows, the period of imprisonment shall be doubled.If the victims dies or receives
life-threatening injuries, more serious charges such as murder, attempted murder
or manslaughter should be laid. They carry sentences of 10 years to life
imprisonment.100
(vi) Pakistan
A large number of acid attacks in Pakistan occurs every year due to domestic
violence, religion or bold steps taken by women or girls. The lower house of
Parliament of Pakistan passed the 2011 Acid throwing Bill which includes a
sentence of 14 years to life in prison and a fine of one crore Pakistani Rupees. 106
The Acid Control and Acid Crime Prevention Act, 2011 (Criminal Law Second
Amendment Act, 2011) made amendments in Pakistan Penal Code and
Criminal Procedure Code to punish perpetrators of acid crimes by clearly
including acid crimes in the definition of hurt. The definition now includes
―hurt by dangerous means or substance, including any corrosive substance or
acid to be crimes‖. 107
Through an amendment in Section 336-B of Pakistan Penal code, Punishment

of offenders under this Act can extend up to life imprisonment.
The Act makes it mandatory for the offender to pay a fine which may not be
less than five hundred thousand rupees.There is also a punishment for
unauthorized sellers, which is as folowing: 108

 On first conviction, an imprisonment of one year or a fine of a

hundred thousand rupees or both.
 On second and subsequent conviction, an imprisonment of

two years or a fine of two hundred thousand or both.
107 Available at: http://pcsw.pitb.gov.pk/acid_crime_prevention, (visited on

March 7, 2017).
108 Ibid.
In addition to the Bill, the Supreme Court of Pakistan has been a strong force
in combatting acid attacks and ensuring justice. 109
(vii) United Kingdom
Since 2012, more than 500 offences in which people were injured or
threatened with harmful substances have been recorded by police forces across the
UK. The data obtained by the Press Association shows there were 242 reports of
violent crime which mentioned acid or other corrosive substances across 23 forces in
2014 and 2015. By contrast, 186 alleged offences were reported in 2012 and 2013. 110
Such attacks are charged under Section 29 of the Offences against the Person Act
1861 (OAPA). The law provides that whosoever shall unlawfully and maliciously
cause any gunpowder or other explosive substance to explode, or send or deliver to or
cause to be taken or received by any person any explosive substance or any other
dangerous or noxious thing, or put or lay at any place, or cast or throw at or upon or
otherwise apply to any person, any corrosive fluid or any destructive or explosive
substance, with intent in any of the cases aforesaid to burn, maim, disfigure, or
disable any person,or to do some grievous bodily harm to any person, shall, whether
any bodily injury be effected or not, be guilty of felony, and being convicted thereof
shall be liable, at the discretion of the court, to be kept in penal servitude for life or to
be imprisoned. 111
If not charged under this provision, they are dealt with as murder or
attempted murder

Whosoever shall unlawfully and maliciously wound or inflict any grievous

bodily harm upon any other person, either with or without any weapon or
instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be
liable to be kept in penal servitude. 112
109 Ibid.
110 Available at: https://www.rt.com/uk/328925-acid-attacks-britain-rise/, (visited on
March 8 2017).
111 Offences against Persons Act, 1861, s.29.
112 Id. s.20.

3.3. Conclusion
Violence against women is now recognized as violation of human rights.

Numerous international laws, policies, conventions, rules and regulations are in
place for addressing gender-based violence. There are specific provisions to
protect the rights of the women. Even United Nations has also set up various
rules. Despite all these rules and provisions, the violence against women is still a
big issue worldwide. In Asian countries specifically, the violence of acid attacks
against women is very serious problem.
If any country wants to combat acid attacks, their policies and laws should
be strong enough to deterrent the people to not to commit such crimes.
Researcher wants to conclude that the Countries should adopt the model and
procrdure to combat the acid attacks.
Bangladesh is the only country which is successful in combating the acid

violence. Bangladesh has enacted strict and purposeful laws to combat acid
violence. In other countries the laws are not so consistent to combat acid
violence.To make the laws meaningful, the country‘s legislature and judiciary
should make rules and act according to them and protect human rights of every
women.
CHAPTER 4

ACID ATTACKS IN INDIA: LEGISLATIVE PROVISIONS
4.1. Introduction
In India the incidents of acid attacks are on rise. Various Non-Governmental
Organisations and Human Rights activists have raised the issues relating to relief for
victims under various legislative and constitutional provisions.
On the persuation of these NGO‘s and activists, the Indian Parliament has amended
various legislations as well as inserted new provisons for the protection against acid
attacks. The researcher would start with our basic document of the Country, i.e.
Constitution of India.
4.2. Constitutional Provisions in India

Our Constitution is the basic document of a country having a special legal holiness
which sets the framework and the principal functions of the organs of the Government of
a State. It also declares the principles governing the operation of these organs. The
Constitution aims at creating legal norms, social philosophy and economic values which
are to be affected by striking synthesis, harmony and fundamental adjustment between
individual rights and social interest to achieve the desired community goals.14
The Constitution of India is based on the principles of liberty, equality, fraternity and
justice. The provisions of the Constitution manifest great respect for human dignity,
commitment to equality and non-discrimination and concern for the weaker Section in
society.
In India, the Constitution makers while drafting the Constitution were sensitive to the
problems faced by women and made specific provisions relating to them. In various
articles, not only mandates equality of the sexes but also authorizes benign
discrimination in favour of women and children to make up for the backwardness
which has been their age-old destiny. But categorical imperatives constitutionals by
the Founding Fathers are not self-acting and can acquire socio-legal locomotion only by
appropriate State action.15
14
Availableat: http://shodhganga.inflibnet.ac.in/bitstream/10603/3804/10/10_chapter%204.pdf
15
Ibid.

The Constitution of India not only contains various provisions which provide for equal
rights and opportunities for both men and women but it also contains few provisions
which protects women and give her special rights. The principle of gender equality is
enshrined in the Indian Constitution in its Preamble, Fundamental Rights,16
Fundamental Duties and Directive Principles. Although Indian Constitution has no
specific provisions relating to acid violence but above mentioned provisions can be
utilized to afford protection to the victims.
The Constitution provides equal political rights. Political empowerment of women has
enshrined in preamble and has been brought by the 73rd and 74th Amendments which
reserve seats for women in Gram Panchayats and Municipal bodies. Preamble of the
Constitution declares India to be a Sovereign Socialist Secular Democratic
Republic.‘The term Sovereign‘ denotes that India is subject to no external authority and
that the state has power to legislate on any subject in comformity with constitutional
limitations. The term ‗Democratic‘ signifies that India has a responsible and
parliamentary form of government which is accountable to an elected legislature. The
term Republic‘ denotes that the head of the state is not a hereditary monarch, but an
elected functionary.
The Directive Principles of State Policy state that: -
"The state shall take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to functions as units of self
government."17
Women in Panchayat and Municipalities have been reservation provided in Article

243-D and 243-T of the Constitution of India. According to Indian Constitution 73rd
Amendment Act, 1992 are well known as the Panchayati Raj and Municipalities Act,
include parts IX and IX-A, with Articles 243, 243-A to 243-O and Articles 243-P to
243-ZG.
16
The Constitution of India, Arts.14, 15, 16. 5 Id, Art.51A.
17
The Constitution of India, Art. 40.

4.3. Other Legislative Provisions in India
(i) Indian Penal Code, 1860: The Indian Penal Code (IPC) is a comprehensive
Code intended to cover all substantive aspects of criminal law.
Section 326A: Voluntarily causing grievous hurt by use of acid, etc.18
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 of the
treatment of the victim;
Provided further that any fine imposed under this section shall be paid to the victim
Section 326B: Voluntarily causing grievous hurt by use of acid, etc.
Whoever throws or attempts to throw acid1 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.
Hurt: whoever causes bodily pain, disease or infirmity to any person is said to cause
hurt.19
18
Criminal Law (Amendment) Act, 2013
19 Id. s.319.

Grievous Hurt:20
The following kinds of hurt only are designated as grievous :-
First: Emasculation.
Secondly: Permanent privation of the sight of either eye.
Thirdly: Permanent privation of the hearing of either ear,
Fourthly: Privation of any member or joint.
Fifthly: Destruction or permanent impairing of the powers of any member or
joint
Sixthly: Permanent disfiguration of the head or face.
Seventhly: Fracture or dislocation of a bone or tooth.
Eighthly: Any hurt which endangers life or which causes the sufferer to be
during the space of twenty days in severe bodily pain, or unable to follow his
ordinary pursuits.
Voluntarily causing Hurt:
Whoever does any act with the intention of thereby causing hurt to any person, or with
the knowledge that he is likely thereby to cause hurt to any person, and does thereby
cause hurt to any person, is said voluntarily to cause hurt.21
Voluntarily causing grievous hurt:

Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows
himself to be likely to cause is grievous hurt, and if the hurt which he causes is
grievous hurt, is said‖ voluntarily to cause grievous hurt.22
Punishment for voluntarily causing hurt:

Whosoever, except in the case provided for by Section 334, voluntarily causes hurt,
shall be punished with imprisonment of either description for a term which may extend
to one year, or with fine which may extend to one thousand rupees, or with both.37
Punishment for voluntarily causing grievous hurt:
20 Id. s.320.
21 Id. s.321.
22 Id. s.322.

Whosoever, except in the case provided for by Section 335, voluntarily causes grievous
hurt shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.39
(ii) Indian Evidence Act, 1872

The Criminal Law (Amendment) Act 2013 proposed the insertion of following
provisions in the Indian Evidence Act:
Presumptions as to Acid Attack: When the question is whether a person has committed
the act of throwing acid on the woman the Court shall presume, having regard to the
circumstances of the case and the statement of the victim, that such person had thrown
acid on the woman.45
(iii) The Poisons Act, 1919
The Poisons Act, 1919 deals with the importation, possession and sale of poisons. The
Act empowers the State Government to make rules to regulate the possession for sale
and the sale, whether wholesale or retail, of any specified poison within the whole or
any part of the territories under its administration.23 The Act deals with the import of
poisonous substances into India and regulates the grant of License for the possession of
some poisonous substances. In addition to any other power to make rules herein before
conferred the State Government may make rules generally to carry out the purposes and
objects of this Act.24
Under this Act the powers of the State Government to regulate possession for sale and
sale of any poison are 49:
(1) The State Government may by rule regulate within the whole or any part of
the territories under its administration the possession for sale and the sale,
whether wholesale or retail, of any specified poison.
23 46 The Poisons Act, 1919, s.2.
24 Id. s.8.

(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for—
(a) the grant of licensees to possess any specified poison for sale, wholesale or
retail, and fixing of the fee (if any) to be charged for such licensees ;
(b) the classes of persons to whom alone such licensees may be granted;
(c) the classes of persons to whom alone any such poison may be sold;
(d) the maximum quantity of any such poison which may be sold to any one
person;
(e) the maintenance by vendors of any such poison of registers of sales, the
particulars to be entered in such registers, and the inspection of the same;
(f) the safe custody of such poisons and the labelling of the vessels, packages or
coverings in which any such poison is sold or possessed for sale; and
(g) the inspection and examination of any such poison when possessed for sale
by any such vendor.
The Central Government may, by notification in the Official Gazette, prohibit, except
under and in accordance with the conditions of a license, the importation into India
across any customs frontier defined by the Central Government of any specified poison,
and may by rule regulate the grant of licenses.25
The State Government may by rule regulate on the possession of any specified poison
in any local area in which the use of such poison for the purpose of committing murder
or mischief by poisoning cattle appears to it to be of such frequent occurrence as to
render restrictions on the possession thereof desirable. In making any such rule, the
State Government may direct that any breach thereof shall be punishable with
imprisonment for a term which may extend to one year, or with fine which may extend
to one thousand rupees, or with both, together with confiscation of the poison in
respect of which the breach has been committed, and of the vessels, packages or
coverings in which the same is found.26
(iv) Code of Criminal Procedure, 1973
25
Id.s.3
26 Id. s.4.

Information in cognizable cases: Every information relating to the commission of a

cognizable offence, if given orally to an officer in charge of a police station, shall be
reduced to writing by him or under his direction, and be read over to the informant; and
every such information, whether given in writing or reduced to writing as aforesaid,
shall be signed by the person giving it, and the substance thereof shall be entered in a
book to be kept by such officer in such form as the State Government may prescribe in
this behalf. 27
Provided that if the informantion is given by woman against whom an offence under
Sections 326A, 326B, 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D,
376E or 509 is alleged to have been committed or attempted such information shall be
recorded by a woman officer and if victim is temporarily or permanently disabled, then
information shall be recorded by a police officer at the residence of the person or at a
place convenient to such person in the presence of interpreter or special educator as the
case may be. The recording of such information shall be video graphed. The police
officer shall get statement of the person recorded through Judicial Magistrate.28
27 Code of Criminal Procedure, 1973, s.154.

28 This proviso was added in section 154, Cr.PC. by Criminal Law (Amendment) Act, 2013.

CHAPTER 5
ACID ATTACKS IN PRESENT SCENARIO AND ROLE OF
INDIAN JUDICIARY
5.1. Introduction
The Constitution of India provides for a single integratedjudicial system with the Supreme
Court at the apex, High Courts at the middle (State) level and District Courts at the local
level. It also provides for an independent and powerful judicial system. Judiciary in India
acts as the guardian protector of the Constitution and the fundamental rights of the people.
5.2. Role of Indian Judiciary before 2014
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. Besides
offenders were easily let out on bail. Compensation was hardly ever awarded to the

victims of acid violence and even if given was grossly inadequate. Major changes in
punishment, compensation and medical treatment in cases of acid attacks were made by
the decision of Laxmi v. Union of India.29
Syed Shafique Ahmed v. State of Maharashtra30

In this case, the accused came on a motorcycle on a public road in at Kannad and
voluntarily caused grievous hurt to his wife and 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. It was alleged that the accused was accompanied by another accused by who was
29 (2014) 4 SCC 427.

30 2002 Cri LJ 1403 (Bombay High Court).

riding the motor cycle. In this case personal enmity with his wife was the reason behind a
gruesome acid attack by the husbandon his wife as well as another person. The accused
was charged for the crime of hurt3 and grievious hurt4 under Indian Penal Code and was
awarded Rs. 5000 as fine and 3 years imprisonment. This case 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.
5.3. Role of Indian Judiciary after 2014 (Present Scenario)
In 2014, the judiciary tried to develop a new Jurisprudence in the case of Laxmi v. Union
of India31.The victim of a gruesome acid attack, Laxmi, has filed a writ petition in the
Supreme Court of India in May, 2006 in which the Law Commission of India has been
arrayed as the Respondent No.2.
Naeem Khan v. State32, Laxmi (15years old) was working as a sales representative
at New Janta Book Depot, Khan Market and has studied up to class 8. The boy named
Naeem Khan (Guddu), was employed in her neighbourhood. Laxmi‘s mother before
marriage belonged to Muslim religion and therefore, Guddu was a regular visitor in her
house. Infact, the entire family of the Guddu was acquainted and well known to Laxmi‟s
family as they had known each other for several years. Laxmi stated the appellant started
talking about falling in love with her over the telephone and also sent few messages in this
regard. The accused also 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, a motorcycle stopped near her at Hanuman
31
(2014) 4 SCC 427.
32 Cri. App. 980 of 2009 (Delhi HC.).

Road. The driver of the motorcycle was wearing black coloured helmet and had a lean
body which was similar to that of the appellant. Laxmi further stated that the pillion rider
was a woman aged about 28-30 years who alighted from the motorbike and threw acid on
her face as a result of which her face and chest were burnt. On Laxmi‘s effort to save her
by raising her hands, the acid burnt her hands as well. Laxmi stated that she had seen the
woman who threw acid on an earlier occasion as well with Imran, the brother of the
appellant and her name was either Rakhi or Rekha. On raising alarm, she fled from the
scene after sitting on the motorcycle driven by the appellant. On hearing cries, people
gathered but no one offered help and later on a PCR van transported her to the hospital.
On injured Laxmi implicating the accused, the latter was arrested. A criminal case of
attempt to murder was registered and the two accused, Rakhi and Guddu, were sentenced
to 7 and 10 years imprisonment, respectively, by the Trial Court. Later the accused went
in appeal in the Delhi High Court where the Court directed the appellant to pay a sum of
Rs 3 lakhs as fine which is to be forwarded to victim Laxmi as compensation under the
provision of compensation under Code of Criminal Procedure33. It was further
recommeded that the case of victim Laxmi be considered by the Delhi Legal Services
Committee for appropriate compensation which can be paid to her on behalf of the State
Government under the victim compensation scheme as applicable to the National Capital
territory of Delhi . The appeal was dismissed.
After this in 2006, Laxmi filed a Pubic Interest Litigation in the Supreme Court urging for
regulation on sale of acid. The Union of India (Petitioner no.1), Law Commsion of India
(Petitioner no.2) and National Commission for women (Petitioner no.3) 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 Indian Penal Code, Indian Evidence Act and
Code of Criminal Procedure for dealing with the offence, besides asking for
compensation.34
Major issues in the case were:

1. An amendment to the Penal Code wherein a Section is introduced regarding acid
attacks;
33 Code of Criminal Procedure, 1973, s. 357(1) b.

34 Laxmi v. Union of India, (2014) 4 SCC 427.

2. It further demanded a complete ban on sale of acid;

3. Rehabilitation Scheme for victims of acid;
4. Free medical treatment for survivors.
Then on April 28, 2008 the Court ordered an investigation and action on the issue. The
Learned Additional Solicitor General submitted that the Government of India will look
into several aspects of the problem, consider the suggeston and formulate procedures to
curtail and regulate the sale of acid/corrossive substances across the country. He also
submitted that feasablility of making appropriate amendments to existing laws will also be
considered. The Hon‘ble Supreme 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 victim compensation Scheme under Code
of Criminal Procedure35. It also directed that as one of the matters of concern in regard to
acid attacks is the free 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.36
In the meantime the Criminal Law Amendment was made. In this Petition, as already
mentioned above that Law Commission of India has been arrayed as the Respondent No.
2.gave a major response to the petition. Though the Law Commission had pointed out to
the Court that the reliefs in the petition cannot be prayed for from the Law Commission, it
decided to take up the matter suo moto in view of the gravity of the offence of acid attacks
and gave report for the inclusion of acid attacks as specific offences in the Indian Penal
Code. According to the Commission there is no special Section in the Indian Penal Code
which deals with acid attacks, the incidents are not even recorded separately.
Apart from the above, the distribution and sale of Acid should be banned except for
commercial and scientific purposes. Victims of acid attacks need compensation for
rehabilitation, a law should be enacted to set in place Criminal Injuries Compensation
Boards at the Centre, State and District levels in our country. The committee proposed that
a new provision (Hurt by Acid and intentionally throwing or administering acid) be added
35
Code of Criminal Procedure, 1973, s.357A
36 Supra note 32.

to the Indian Penal Code. It further proposes that for the reasons stated above, that in cases
of acid attack a presumption be incorporated in the Indian Evidence Act37. It also proposed
Criminal Injuries Compensation Act is enacted as a separate Law by the government. This
law should provide both interim and final monetary compensation to victims of certain
acts of violence like Rape, Sexual Assault, Acid Attacks etc. and should provide for their
medical and other expenses relating to rehabilitation, loss of earnings etc. It also
recommends that the distribution and sale of acid be strictly regulated and the sale of Acid
across shop counters be banned.38
These amendments eventually came to be passed in 2013 in the Criminal Law

Amendment Act 2013.
5.3.1 Directions / Recommendations by Hon’ble Supreme Court on Sale

of Acid:
In the order dated April 16, 2013, the Court expressed its concern as tragic incidents of
acid attacks continue to happen. One of the main reasons for these incidents is easy
availability of acid in retail across the counter. The Court further expressed its concern as
neither the Central Government nor the State Governments/Union Territories have been
able to address this grave issue. On 18 July 2013, the Court after reviewing various facets,
affidavits submitted by Govt and Rules framed by various state Govt suggested that the
Centre and State/ UT‘s shall work towards making the offences under the Poisons Act,
1919 cognizable and non-bailable.
Supreme Court issued certain directions relating to sale of acid, which are as follows:
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:
37Indian Evidence Act, 1872, s.114B.

38Law Commission of India, 226th Report on Proposal for inclusion of acid attacks as specific offences in the Indian Penal Code
and a law for compensation for victims of crime 3, (July, 2008), available at: http://lawcommissionofindia.nic.in/
reports/report226.pdf

I. 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.
II. 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.
III. All stocks of acid must be declared by the seller with the concerned Sub-
Divisional Magistrate (SDM) within 15 days.
IV. No acid shall be sold to any person who is below 18 years of age.
V. In case of undeclared stock of acid, it will be open to the concerned SDM to

confiscate the stock and suitably impose fine on such seller up to Rs. 50,000.
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:
I. A register of usage of acid shall be maintained and the same shall be filed with the
concerned SDM.
II. A person shall be made accountable for possession and safe keeping of acid in
their premises.
III. 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 concerned SDM shall be vested with the responsibility of taking appropriate action
for the breach/default/ violation of the above directions.The concerned SDM may impose
fine upto 50,000 on any person who breaches above provisions.

During the pendency of this petition, the Code of Criminal Procedure, 1973 was amended
and Section 357A was inserted by Act of 2009 which requires every State Govt, in
coordination with the Central Government, to prepare a scheme for providing funds for
purpose of compensation to the victims or their dependants who have suffered loss or
injury as a result of crime and who require rehabilitation. The Court on July 18, 2013, said
that the Court is informed that pursuant to the above said provision, 17 States and 7 Union
Territory have prepared ‗Victim Compensation Scheme’. But the compensation
mentioned in the scheme made by these States/UT‘s is not uniform. While the State of
Bihar has provided compensation of Rs. 25,000/-in such scheme, the State of Rajasthan
has provided for Rs. 2 Lakhs of compensation. In the opinion of the Court the
compensation provided by most of the States/UT‘s are inadequate. It cannot be overlooked
that acid attack victims needs to undergo a series of plastic surgeries and other corrective
treatments. Having regard to this problem the Court suggested that the compensation by
all the States/UT‘s must be enhanced to atleast Rs. 3 Lakhs as the after care and
rehabilitation cost.39
The Supreme gave major directions/ recommendations relating to acid attacks. The
researcher has compliled these directions/ recommendations under the following heads:
5.3.2 Directions / Recommendations by Hon’ble Supreme Court on

compensation to acid attack victims:40
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 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.
39
Code of Criminal Procedure, 1973, s. 357(1) b.
40 Ibid.


Medical treatment, aftercare and rehabilitation of acid attack
victims:
First aid must be administered to the victim and after stabilization, the victim/patient could
be shifted to a specialized facility for further treatment, wherever required. Action may be
taken against hospital/clinic for refusal to treat victims of acid attacks and other crimes in
contravention of the provisions of Section 357C of the Code of Criminal Procedure, 1973.
The Court further issue a direction that the State Governments/Union Territories should
seriously discuss and take up the matter with all the private hospitals in their respective
State/Union Territory to the effect that the private hospitals should not refuse treatment to
victims of acid attack and that full treatment should be provided to such victims including
medicines, food, bedding and reconstructive surgeries.41
The Supreme Court also issue a direction that the hospital, where the victim of an acid
attack is first treated, should give a certificate that the individual is a victim of an acid
attack. This certificate may be utilized by the victim for treatment and reconstructive
surgeries or any other scheme that the victim may be entitled to with the State
Government or the Union Territory, as the case may be. In the event of any specific
complaint against any private hospital or government hospital, the acid attack victim will,
of course, be at liberty to take further action.42

Criminal Injuries Compensation Board:
The Supreme Court gave the directions that in case of any compensation claim made by
any acid attack victim, the matter will be taken up by the District Legal Services
Authority, which will include the District Judge and such other co-opted persons who the
District Judge feels will be of assistance, particularly the District Magistrate, the
41 ibid
42 ibid

Superintendent of Police and the Civil Surgeon or the Chief Medical Officer of that
District or their nominee. This body will function as the Criminal Injuries Compensation
Board for all purposes. A copy of this order be sent to learned counsel appearing for the
Secretary in the Ministry of Home Affairs and the Secretary in the Ministry of Health and
Family Welfare for onward transmission and compliance to the Chief Secretary or their
counterparts in all the States and Union Territories. The Chief Secretary will ensure that
the order is sent to all the District Magistrates and due publicity is given to the order of
this Court. A copy of this order should also be sent to the Member Secretary of NALSA
for onward transmission and compliance to the Member Secretary of the State Legal
Services Authority in all the States and Union Territories. The Member Secretary of the
State Legal Services Authority will ensure that it is forwarded to the Member Secretary of
each District Legal Services Authority who will ensure that due publicity is given to the
order of this Court.
Parivartan Kendra & Anr v. U.O.I & Ors,43
In the writ petition, filed in public interest under Article 32 of the Constitution of India,
the petitioner (Parivartan Kendra; a registered NGO) seeks to highlight the plight of the
acid attack victims and the inadequacy how the compensation payable to the victims as
per the orders of the Apex Court in Laxmi v. Union of India. Petitioner also highlights the
lack of a legal guarantee to free medical care, rehabilitative services or adequate
compensation under the Survivor Compensation Schemes.The petitioner highlighted the
plight of two dalit girls of Bihar, who were attacked around midnight of October 21, 2012
by four assailants who threw acid on the face and bodies of the girls while they were
sleeping on their rooftops. It is alleged that these young assailants used to harass the elder
sister on the streets, market and in the auto rickshaw while she was going to computer
classes or to work. This victim wanted to be a computer engineer and used to go to college
regularly and supported her family working as a daily wage worker. However, these
assailants used to make sexual advances towards her, pass lewd comments, and also used
to pull her dupatta. They terrorized her and her family members by roaming near her
house on their motorcycles, tore the curtains of their house and told her that if she did not
heed to their demands and agree to have sexual relations with them they would damage
43 2016(1) RCR (Criminal) 336

and destroy her face. In the aforesaid midnight, while both sisters were sleeping, assailants
Anil Rai, Ghanshyam Rai, Badal and Raja climbed upon the roof and Anil covered the
elder sister‘s mouth so that she could not scream and Ghanshyam and Raja held her legs
so that she could not move. When Anil Rai was pouring the acid on her body and face, the
acid also fell on her sister‘s body and burnt her arm. After the attack, these men did not
make any effort to flee as they wanted to stay and enjoy the moment. As the acid started
burning the girls, the girls started screaming and crying waking up their parents, who
rushed to the rooftop. Upon this, the assailants fled. The victims were rushed to the Patna
Medical College and Hospital. According to the petitioner, the doctors arrived only the
next morning and did not give them proper treatment and the family had to buy all the
medicines on their own. Thereafter, victims‘ family was given Rs. 2,42,000/- from the
Government of Bihar for the treatment of both. It has been contended by the petitioner that
till the filing of this writ petition more than Rs. 5 lakhs had already been spent on their
treatment and still the victims require more treatment.
The petitioner submitted that proper and adequate treatment was not given to the victims.
The Patna Hospital waited for more than a month to conduct elder sister‘s grafting
surgeries. Three grafting surgeries were performed on the elder sister. It is claimed that all
these three surgeries were not performed properly and that the Hospital staff and doctors
mistreated the victim and their family as they belonged to a lower caste. With the help of
the petitioner-Society, the victim was transferred to Safdarjung Hospital, Delhi on April 5,
2013, where she finally received proper treatment. It has been further contended by the
petitioner that the Police also arrested the four perpetrators a month after the attack in
November, 2012 in response to intense pressure from social organizations and the media.
On 8.2.2013, the IG of Police had made a statement in an interview that the statement of
the victim would be taken for the recording of confessions and statements44 under the
Criminal Procedure Code.
However, according to the petitioner, no such statement had been taken till filing of the
writ petition. The victim and her family are, therefore, appalled by the treatment they have
received at the hands of the Patna Hospital, the Police and the Government of Bihar.
44 Criminal Procedure Code, 1973, s.164.

The Court, on perusal of various contentions and evidence, find it imperative to mention
that even after this Court having passed an order dated 06.02.2013 directing the Union of
India and States to implement compensation payable to acid attack victims by creation of
a separate fund, only 17 States have been notified of the Victim Compensation Schemes
(VSC). Out of which 7 states and 4 Union territories have not initiated the VSC. Even in
those States where the Scheme has been implemented a meager compensation ranging
between Rs. 25,000/- to Rs. 2 lakhs is provided for medical care. And many States have
not provided any compensation for rehabilitation at all. In the present case, the Govt. of
Bihar has fixed a pitiable amount of Rs. 25,000/- for the victims of acid attack.
The Court said that the guidelines issued by orders in the Laxmi‘s case are proper, except
with respect to the compensation amount. The Court just need to ensure that these
guidelines are implemented properly. Keeping in view the impact of acid attack on the
victim on his social, economical and personal life, the Court need to enhance the amount
of compensation. The Court cannot be oblivious of the fact that the victim of acid attack
requires permanent treatment for the damaged skin. The mere amount of Rs. 3 lakhs will
not be of any help to such a victim. The Court is conscious of the fact that enhancement of
the compensation amount will be an additional burden on the State. But prevention of such
a crime is the responsibility of the State and the liability to pay the enhanced
compensation will be of the State.
The enhancement of the Compensation will act in two ways:
1. It will help the victim in rehabilitation;
2. It will also make the State to implement the guidelines properly as the State will
try to comply with it in its true sprit so that the crime of acid attack can be
prevented in future.
Having regard to the problems faced by the victims, this Court enhanced the
compensation, stating that, atleast Rs.3 Lakhs must be paid to the victims of acid attacks
by the concerned Government‖. Therefore, a minimum of Rs.3 Lakhs is to be awarded by

the Government to each victim of acid attack. But in the abovesaid case, a minimum
amount of Rs. 6 Lakhs has to be awarded to the sisters.
Further the Court said that, we are of the view that victim Chanchal deserves to be
awarded a compensation more than what has been prescribed by this Court in the Laxmi‟s
case. Though in this case the Court is not issuing any guidelines different from the
guidelines issued in Laxmi‘s case, we should not forget that the younger sister was also
injured by the acid attack. Although her degree of sufferance is not as that of the elder one,
but she also requires treatment and rehabilitation. It is to be noted that this Court in
Laxmi‘s case doesn‘t put a bar on the Government to award compensation limited to Rs.3
Lakhs. The State has the discretion to provide more compensation to the victim in the case
of acid attack as per Laxmi‘s case guidelines. It is also to be noticed that this Court has not
put any condition in Laxmi‘s case as to the degree of injuries which a victim has suffered
due to acid attack. In the instant case, the victim‘s father has already spent more than Rs. 5
lakhs for the treatment of the victim. In consideration of the severity of the victim‘s injury,
expenditure with regard to grafting and reconstruction surgery, physical and mental pain,
etc., we are of the opinion that the victim (Chanchal) should be compensated to a tune of
at least Rs. 10 Lakhs.
Suffice it to say that the compensation must not only be awarded in terms of the physical
injury, we have also to take note of victim‘s inability to lead a full life and to enjoy those
amenities which is being robbed of her as a result of the acid attack. Therefore, this Court
deems it proper to award a compensation of Rs. 10 lakhs and accordingly, we direct the
concerned Government to compensate the victim Chanchal to a tune of Rs. 10 Lakhs, and
in light of the Judgment given in Laxmi‘s case we direct the concerned State Government
of Bihar to compensate the main victim‘s sister, Sonam to a tune of Rs. 3 Lakhs. Of the
Total amount of Rs. 13 Lakhs, a sum of Rs. 5 lakhs shall be paid to the victim and her
family within a period of one month and the remaining fsum of Rs. 8 lakhs shall be paid to
the victims within a period of three months from the date of this order. Furthermore, the
State shall upon itself take full responsibility for the treatment and rehabilitation of the
victims of acid attack as per the Guidelines provided in Laxmi‘s case.
Disposing of the present writ petition, the Court additionally direct all the States and
Union Territories to consider the plight of such victims and take appropriate steps with
regard to inclusion of their names under the disability list.
5.4 Legislation on Compensation to Victims in present scenario
Order to Pay Compensation45

(1) When a Court imposes a sentence of fine or a sentence (including a sentence of
death) of which fine forms a part, the Court may, when passing judgment, order
the whole or any part of the fine recovered to be applied:
(a) In defraying the expenses properly incurred in the prosecution;
(b) In the payment to any person of compensation for any loss or injury caused by the
offence, when compensation is, in the opinion of the Court, recoverable by such
person in a Civil Court;
(c) when any person is convicted of any offence for having caused the death of
another person or of having abetted the commission of such an offence, in paying
compensation to the persons who are, under the Fatal Accidents Act, 1855, entitled
to recover damages from the person sentenced for the loss resulting to them from
such death
(d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having dishonestly
received or retained, or of having voluntarily assisted in disposing of, stolen
property knowing or having reason to believe the same to be stolen, in
compensating any bona fide purchaser of such property for the loss of the same if
such property is restored to the possession of the person entitled thereto.
45
Available at: http://www.thehindu.com/news/cities/mumbai/Court-cites-reasons-for-death-penalty-in-acid-attack-
case/article9126630.ece.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall
be made before the period allowed for presenting the appeal has elapsed, or, if an
appeal be presented, before the decision of the appeal.
(3) When a Court imposes a sentence, of which fine does not form a part, the Court
may, when passing judgment, order the accused person to pay, by way of
compensation, such amount as may be specified in the order to the person who has
suffered any loss or injury by reason of the act for which the accused person has
been so sentenced.
(4) An order under this Section may also be made by an Appellate Court or by the High
Court or Court of Session when exercising its powers of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating to the
same matter, the Court shall take into account any sum paid or recovered as
compensation under this Section.
5.4.1 Victim Compensation Scheme46
(1) Every State Government in co-ordination with the Central Government shall
prepare a scheme for providing funds for the purpose of compensation to the
victim or his dependents who have suffered loss or injury as a result of the crime
and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the District
Legal Service Authority or the State Legal Service Authority, as the case may be,
shall decide the quantum of compensation to be awarded under the scheme
referred to in sub-Section (1).
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation
awarded under Section 357 is not adequate for such rehabilitation, or where the
cases end in acquittal or discharge and the victim has to be rehabilitated, it may
make recommendation for compensation.
46
Available at: http://www.hindustantimes.com/mumbai-news/mumbai-nurse-acid-attack-killer-smiles-as-he-is-sentenced-to-
death/story-7m8zRElBykzht0Ldnfu5WN .html

(4) Where the offender is not traced or identified, but the victim is identified, and
where no trial takes place, the victim or his dependents may make an application to
the State or the District Legal Services Authority for award of compensation.
(5) On receipt of such recommendations or on the application under sub-Section (4),
the State or the District Legal Services Authority shall, after due enquiry award
adequate compensation by completing the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate
the suffering of the victim, may order for immediate first-aid facility or medical
benefits to be made available free of cost on the certificate of the police officer not
below the rank of the officer in charge of the police station or a Magistrate of the
area concerned, or any other interim relief as the appropriate authority deems fit.
Compensation to the addition of fine: The compensation payable by the state government
under Section 357A shall be in addition to the payment of fine under Section 326A or
376D of the Indian Penal Code.47
Treatment of Victims: All hospitals public or private whether run by Central Government,
State Government, local bodies or any other person shall immediately provide the first aid
or medical treatment, free of cost, to the victims of any offence under Sections 326A, 376,
376A, 376B, 376C, 376D, 376E of the Indian Penal Code and shall immediately inform to
the police of such incident. 48
While awarding the amount the compensation the Court must take into the account the
nature of crime, the injury suffered, the justness of the claim for compensation, the
capacity of the accused to pay and other relevant circumstances. If there are more than one
accused, quantum of compensation may be divided equally unless there is considerable
variation in their paying capacity. The payment may also vary depending upon the acts of
each accused. Reasonable period for payment for compensation, if necessary, by
instalments, may also be given.49
47 Id. s.357B.
48 Section 357C of Code of Criminal Procedure
49 Hari Singh and State of Haryana v. Sukhbir Singh, AIR 1988 SC 2127.

5.4.2 NALSA (Legal Services to Victims of Acid Attacks) Scheme, 2016
The Preamble of the Legal Services Authorities Act, 1987 emphasizes that the legal
services authorities are concerned with the weaker sections of the society and imposes a
duty on them to ensure that opportunities for securing justice are not denied to any citizen
by reason or economic or other disabilities.50
The objectives of the Scheme are as follows:51
To strengthen legal aid and representation at the national, state, district and taluka
levels for victims of acid attacks
To enable the victims of acid attacks to get access to medical facilities and
rehabilitative services;
The ultimate objective of the Scheme is to ensure that the victims of acid attacks
are appropriately rehabilitated in the society and live a life of dignity.
Legal Representation:52
(a) All victims of acid attacks and where the acid attack results in death, the heirs of
victims of acid attacks shall be provided legal aid on a priority basis in order to
enable them to get the benefit of the Victim Compensation Scheme.
(b) SLSAs and DLSAs shall ensure that the victims of acid attacks do not have to face
any kind of delay in procedural wrangles and the interim compensation is awarded
at the earliest.
50 Available at: http://nalsa.gov.in/sites/default/files/document/NALSA%20(LEGAL%20

SERVICES%20TO%20VICTIMS%20OF%20ACID%20ATTACKS)%20SCHEME,% 202016.pdf.
51 Ibid.
52 ibid

(c) Support persons and legal representation shall be provided to victims of acid
attacks during the recording of their statement under Section 164 Cr.P.C., giving
evidence etc.
(d) Every District Legal Services Authority and Taluka Legal Services Committee
shall designate at least one panel lawyer as Legal Services Officer for the purpose
of this scheme.
Legal Services Clinics:53
(a) SLSAs shall set up Legal Services Clinics at hospitals having specialized facilities
for treatment of burns where victims of acid attacks may be referred for treatment.
The PLVs and panel lawyers shall be deputed to such Legal Services Clinics shall
be in regular touch with the victims of acid attacks and their relatives and ensure
all possible help to them in securing appropriate medical help and treatment.
(b) The PLVs shall also assist the victims of acid attack in obtaining from the hospital
where the victim was first treated a certificate that the individual is a victim of an
acid attack which may be utilized by the victim for treatment and reconstructive
surgeries or any other scheme that the victim may be entitled to with the State
Government or the Union Territory, as directed by the Supreme Court in the order
dated 10.04.2015.
(c) The Legal Services Clinics shall ensure that action is taken against hospitals which
deny treatment to victims of acid attacks on superficial grounds.
53 Ibid.

The SLSAs shall remain in touch with the concerned governmental agencies to ensure
that adequate funds are always available for disbursal as compensation to victims of acid
attacksand shall take up the matter with the concerned States and Union Territories for
taking appropriate steps with regard to inclusion of the names of the victims of acid
attacks under the disability list and thereafter to ensure that they get the benefit of all the
schemes which are available for persons with disability.54
All SLSAs shall have database of the existing Central or State Schemes, policies,
regulations, policy directives concerning victims of acid attacks and the same may also be
published in the form of pamphlets or booklets to be used in dissemination of information
and creating awareness and shall also have database of the hospital where specialized
facilities for treatment of burn victims are available.55
Training and Orientation Programmes: SLSAs shall conduct training and orientation
programes for panel lawyers and PLVs to sensitize them on how to deal with cases of
victims of acid attacks. SLSAs shall, in coordination with the State Judicial Academies,
plan and conduct training/ sensitization programmes for Judicial Officers with a view to
ensuring quick and adequate award of compensation, including interim compensation, and
a fair and dignified treatment of the victims of acid attacks during trial of cases.56
54
Ibid.
55
Ibid.
56
Ibid.

5.4.3 Guidelines by the Hon’ble Supreme Court for the Regulation of

Sale of Acid.
In India though there was not specific law to regulate the sale of acid, but on July 18,
2013, India‘s Supreme Court has ordered federal and State governments to regulate the
sale of acid in an attempt to reduce attacks on women. The Court said gave the following
guidelines:57
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:
(i) 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.
(ii) 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.
(iii)All stocks of acid must be declared by the seller with the concerned Sub-Divisional
Magistrate (SDM) within 15 days.
57
Laxmi v. Union of India & ors, (2014) 4 SCC 427.

(iv) No acid shall be sold to any person who is below 18 years of age. In case of
undeclared stock of acid, it will be open to the concerned SDM to confiscate the stock
and suitably impose fine on such seller up to Rs. 50,000.
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:
(i) A register of usage of acid shall be maintained and the same shall be filed with
the concerned SDM.
(ii) person shall be made accountable for possession and safe keeping of acid in
their premises.
(iii) he 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 concerned SDM shall be vested with the responsibility of taking appropriate action
for the breach/default/ violation of the above directions. The concerned SDM may impose
fine upto 50,000 on any person who breaches above provisions.
5.4.4. Central Victim Compensation Fund Scheme (CVCF) Guidelines, 2015:
Following this amendment and the subsequent directions of the Supreme Court in the Acid
Attack PIL, states have come up with a Victim Compensation scheme. There were wide
variations from one state to another in the amount of compensation. The current central
scheme is aimed at harmonizing the state schemes with a minimum fixed amount of

compensation for victims of various crimes. The Central Victim Compensation Fund
Scheme came into effect from 21st August 2015.58
The objective of setting up of Central Victim Compensation Fund Scheme are as

follows:59
To support & supplement the existing victim compensation schemes of the state
governments.
To reduce the disparity in the quantum of compensation amount fixed by various

state governments.
To encourage the state governments/ Union Territories to effectively implement the

compensation schemes and continue financial support to victims of various crimes
especially sexual offences including rape, acid attacks, crime against children, human
trafficking etc. crore as initial corpus fund for Central Victim Compensation Fund Scheme
has been sanctioned. The fund also is open to contribution from public.60
The Central Victim Compensation Fund Scheme is setup with an initial corpus of Rs 200
crore that would be sanctioned by the Ministry of Finance. Out of Nirbhaya Fund which is
meant for tackling crime/violence against women, one time budget try grant of Rs.20000
5.5 Latest Judgement Pronounced By Apex Court on Acid Attack :

State of Himachal Pradesh & Anr. VS Vijay Kumar @Pappu61
In cr.appeal. no. 753/2010 has minced just no words in stating clearly and convincingly
about acid attack crime that a crime of this nature does not deserve any kind of clemency.
It is the most uncivilized and most heartless crime and this even the top court has
acknowledged for which there cannot be any justification of any kind. The Apex Court
58 Available at: http://uphome.gov.in/writereaddata/Portal/Images/CVCF.PDF.

59 Ibid.
60
Ibid.
61 http://www.legalservicesindia.com/law/article/1188/5/Uncivilized-And-Heartless-Crime-SC-Enhances-Compensation-To-
Acid-Attack-Victim. (accessed at8.00pm on 20.05.19)

also directed the two convicts to pay Rs 1,50,000 each as compensation to acid attack
victim.
First and foremost, the ball is set rolling in para 1 by penning down in this commendable
and noteworthy judgment authored by Justice Ajay Rastogi for himself and Justice AM
Khanwilkar that, "The challenge in this appeal is against the judgment of the Division
Bench of the High Court of Himachal Pradesh at Shimla dated 24th March, 2008 filed at
the instance of the State of Himachal Pradesh whereby the High Court was pleased to
partially allow the appeal filed by the respondents and altered the nature of offence from
one under Section 307/34 IPC to one under Section 326 IPC and reduced the sentence of
10 years rigorous imprisonment and fine of Rs. 5,000/- each to 5 years rigorous
imprisonment and increased the fine to Rs. 25,000/- each and in default, to undergo further
imprisonment of six months."
It is most heartening to note that it is then very rightly noted in para 12 without mincing
any words that, "Indeed, it cannot be ruled out that in the present case the victim had
suffered an uncivilised and heartless crime committed by the respondents and there is no
room for leniency which can be conceived. A crime of this nature does not deserve any
kind of clemency. This Court cannot be oblivious of the situation that the victim must
have suffered an emotional distress which cannot be compensated either by sentencing the
accused or by grant of any compensation."
Continuing in the same vein, para 15 then states that, "In Laxmi Vs. Union of India and
Others 62, this Court observed that Section 357-A came to be inserted in the Code of
Criminal Procedure, 1973 by Act 5 of 2009 w.e.f. 31st December, 2009 which, inter alia,
provides for preparation of a scheme for providing funds for the purpose of compensation
to the victim or his dependents who have suffered loss or injury as a result of the crime
and who require rehabilitation. This Court further directed that acid attack victims shall be
paid compensation of at least Rs 3 lakhs by the State Government/Union Territory
concerned as the aftercare and rehabilitation cost.
62 2014 (4) SCC 427

Moving on, it is then unfolded in para 17 that, "Victim Compensation Scheme has been
considered by this Court in State of H.P.Vs.Rampal 63and this Court opined that
compensation of Rs. 40,000/- was inadequate taking note of the fact that the life of young
child aged 20 years was lost and taking note of the precedents observed that in the interest
of justice, the accused is required to pay a sum of Rs. 1 lakh and the State to pay a sum of
Rs. 3 lakhs as compensation."
To put things in perspective, para 19 then enunciates that, "The impugned judgment of
the High Court stands modified and the appeal is accordingly disposed of. Lastly, it is held
in para 20 that, "Pending application(s), if any, stands disposed of."
No doubt, it is an exceptional, elegantly written and excellent judgment which will send
the right, loud and clear message to one and all that acid throwing will not be taken lightly
under any circumstances and the accused should be prepared not just to suffer jail
sentence but also pay huge penalty as fine! No justification by accused of any kind would
be able to stand scrutiny before the court! The State Government must ensure that it
deposits the compensation before the Trial Court within three months and the learned trial
Court after proper identification of the victim disburse it at the earliest! It merits no
reiteration that all the courts from top to bottom must always ensure that acid throwing is
not taken lightly ever and accused as we see in this landmark case are made to pay heavily
so that it acts as a suitable deterrent to others from indulging in such wanton and
despicable acts.
CONCLUSION AND SUGGESTIONS
63 2015 (11) SCC 584

Envy is the desire to have what someone else has. Jealousy

is the fear of losing what you have. The more insecure you
are about yourself or your relationship, the more jealous
you are, because you are afraid to lose your significant
other to someone else.
Oliver Markus1
Violence against women affects the women of all races, classes, religions
and ethnic, groups and nationalities. Acid violence is a life threatening problem
for every women. It is the most heinous form of violence against women which
not only affects the physical appearance of the women but also the whole life
of the victim because it haunts her psyche throughout life. The victim of acid
violence have to face life time physical, social, psychological and economic
consequences. The victim has to go through various medical complications
which are long lasting. The victim‘s face is the main part of the body which the
perpetrator wants to spoil. The aim of the perpetrator is to make the face of the
victim ugly. The victims have to go through various painful surgeries but their
medical complications never ends there. Even after surgeries, they never get
their original look of the faces back. In some cases some acid attack results in
blindness. Her eyesight is lost and she becomes wreck throughout life just
because she is a woman. Acid does not kill the victim but it is worse than killing
because the victim becomes psychologically wreck. Thus making the life of the
victim, a hell. The incident makes the life
1 Available at: https://www.goodreads.com/author/quotes/7736866.Oliver_Markus,

(visited on December 2, 2016).
of victim wretched one. The victim has to face social, psychological, social, and
economic and various other problems. 2

Violence against women is a demonstraion of historical inequality between men and

women. The acid violence is related to the patriarchal society and primarily male
mindset. In India the boys are brought up like a king and the girls are not given such a
treatment while bringing them up. Women are ill-treated, humiliated, tortured and
exploited in every possible way. The problem starts from the beginning of the life of a
boy and a girl. When a male child is born, it brings happiness in Indian society but when
a girl child is born, sometimes even the mother is not happy and curses herself for not
giving birth to a son.it is all because of feudal mindset of the society. But sometimes the
situation is even worse when the girl child is killed before birth. Female feoticides
renders the girl child a victim of the gender-rooted prejudice. It means that our society
gives importance to male child over female child and it results in gender inequality.
Though, the amendment has been made in Indian laws that woman too has right in the
property, but still it in not acceptable by over society. The people think that only a son
can get spiritual benefits for them. The harsh example of such mindset is acid attack on
Geeta and her two daughters by her own husband just because Geeta has given birth to
two girls. Geeta‘s husband wanted a boy child because of his sick mindset that boys are
assets and girls are a burden just for the want of a boy, he killed his one daughter by
pouring acid on her, another daughter (Neetu) got blind in childhood due to acid and is
living a painful life. Geeta herself is living with scars and pain. This sickness was not
over yet. Ever after the heinous attack Geeta and Neetu are living with Geeta‘s husband
because they need a man to support them in Indian society. 3
2 For more detail see Chapter 1 of the Study.


Acid attacks is prevalent over the whole world including Australia,

Bangladesh, Cambodia, China, El Salvador, Ethiopia, Italy, Laos, Malaysia,
Nepal, Pakistan, Sri Lanka, Thailand, Uganda, UK, USA, and Vietnam. In most
of the countries the reason of such crimes are patriarchal society, refusals of a
relationship or marriage proposal, dowry, marital disputes, family disputes,
political rivalries, land disputes etc. There are various International conventions
and treaties, such as Universal Declaration of Human Rights, 1948, International
Covenant on Civil and Political Rights, 1966, International Covenant on Socio,
Economic and Cultural Rights, 1966, and Convention on Elimination of all
forms of Discrimination against Women, 1979 etc., which are relevant in the
context of acid attacks and regulates such incidents.Various countries has made
some policies , laws or rules to combat such crimes but Bangladesh is the only
contry which has enacted strict policies and very purposeful laws which proved
to be successful to combat such a heinous crime. 4
The Constitution of India provides various provisions for equal

rights and opportunities for both men and women. It also contains special
provisions which protects women and give her special rights. The provisions of
the Constitution manifest great respect for human dignity, equality and non-
discrimination. The principle of gender equality is enshrined in the Indian
Constitution in its Preamble, Fundamental Rights, Fundamental Duties and
Directive Principles and other headings. The Constitution grants equality to
women as well as empowers the State to adopt measures provide special rights
to women. Although Indian Constitution has no specific provisions relating to
acid violence but above mentioned provisions provides protection against such
inhuman acts.5


Till 2013 there was not any specific law in India to deal with a cases of acid attack.
The cases were tried under the Section 326 which deals with grievous hurt. But this
law was not sufficient as it failed to cure the crime acid attacks. Then, the 226 th Law
Commission of India proposed the insertion of new Section 326A and 326B into the
Indian Penal Code and Section 114 in the Indian avoidance act. Section 326A lays
down the punishment for acid throwing. The minimum punishment is 10 years
imprisonment and may extend up to life imprisonment with fine. Section 326B
makes the attempts of acid throwing punishable with the imprisonment which shall
not be less than five years but which may extend to 7 years, and shall also be liable
to fine.6
There are numerous other statutory provisions in India under Indian Evidence Act,
1872, The Poisons Act, 1919, Code of Criminal Procedure, 1973, The Protection of
Human Rights Act, 1993, Prevention of offences (by Acids) Act, 2008,
NALSA(Legal Services to victims of Acid Attacks), Scheme, 2016, which can be
utilized to afford protection against acid attacks.7
Compensation is very important part of providing justice to the victims. So, the States
have come up with a Victim Compensation scheme with variations from one state to
another in the amount of compensation. The Central Victim Compensation Fund
scheme is aimed at harmonizing the state schemes with a minimum fixed amount of
compensation for victims of various crimes. 8
The Indian Judiciary acts as the guardian of the rights of the people in the
country. Prior to the Criminal Law Amendment Act, 2013, the offenders of crime of
acid attack were not effectively prosecuted. The cases were registered under different
sections of the
6 Ibid.
7 Ibid.
8 Ibid.

Indian Penal Code, particularly under Hurt, Grevious Hurt, Grevious Hurt by
corrosive substances, attempt to murder and murder. Compensation given was
grossly inadequate. But after the amendment the courts changed the attitude
towards the crime of acid attack especially after the landmark case of Laxmi v.
Union of India ( 2013) .Judiciary has played important role by giving various
directions to the States and UT‘s in this case. The Court has given guidelines
regarding compensation, medical treatment and many more guidelines to curb
acid attacks. The most important one is the direction to regulate the sale of acid. 9
It is observed that the problem of acid violence is so big that it forces the poor
women to live in the four walls. Due to poverty the victim is not treated ontime.
They have to bear pain without any medical help. The Supreme Court of India has
considered the poverty and medical problems faced by acid attack victims. To
provide the proper medical facilities and treatments, the SC has made directions to
provide medical assistance to the victims and even the private hospitals are bound
to provide free medical treatment to such victims. 10
Delhi, which is the capital of India, is developing in various aspects but with all
such developments the crime rate is also rising. Delhi UT has reported the highest
crime rate against women (184.3) compared to 56.3 at all India level during the
year 2015. Again Delhi has registered the maximum number of cases murder
(464) and attempt to murder (674) cases during 2015.incidents of rape were also
highest in Delhi (1,893) during 2015. Delhi has witnessed highest number of cases
of acid attacks among UT‘s. 12 cases were reported In Delhi 12 cases were
reported out of 83 total cases all over India in 2011. In 2012, the number of such
incidents were 8.In 2013 it raised to 15 out of 66 i.e. 23% of the total cases. The
number of acid attacks were 20 in the year of 2014 and 21 in the year of 2015. 11
9 For more detail see Chapter 5 of the study.

10 Ibid.

The harsh example of patriarchal society is acid attack on Geeta and her two
daughters by her own husband just because Geeta has given birth to two girls.
Geeta‘s husband wanted a boy child because of his sick mindset that boys are assets
and girls are a burden just for the want of a boy, he killed his one daughter by
pouring acid on her, another daughter (Neetu) got blind in childhood due to acid and
is living a painful life. Geeta herself is living with scars and pain. This sickness was
not over yet. Ever after the heinous attack Geeta and Neetu are living with Geeta‘s
husband because they need a man to support them in Indian society.
It is observed that mostly in the cases of acid attacks there is young girl who is
approached by a man for marriage, love, friendship etc. But when the girl denies his
proposal the man because of his male ego is not able to accept the refusal. He is
filled with anger because he has learnt thought his life that he is superior and all of
his demands are to be met. He feels insulted. His sick mentality starts thinking
―How dare her rejecting me?‖ He starts thinking to punish the girl. Thus with anger
and the sickness of mind he pours or throws acid on the face and body of the girl.
Acid is thrown with the thinking to teach the lesson to every girl that you do not
have right to say ‗no‘. The girl have no right to challenge the superiority to a male.
There are number of examples in India in which the girl rejected boys‘ proposal and
are suffering life time pain.Laxmi rejected marriage proposal and suffered the acid
attack. Similarly Ruqayya, Madhu and many other innocent girls who rejected the
marriage, love or other indecent advances and proposal were attacked with acid just
for the reason that they dared to say ―NO‖. Thus women have no rights and
respectful independent entity or position in our society. They are subjected to acid
attacks for just trying to stand against inhuman approaches and behavior of men. 12

12 Ibid.

The study has revealed that the main reason of acid attack on women is inequality.
The inequality which is in the mind of our society. The evil of acid violence exists
due to special treatment given to men. The interaction with the victims, lawyers,
Doctors, officials of NGO‘S and various other persons has revealed that the
problem basically arises in poor peoples. The acid is very cheap to buy and easily
available. It is weapon of poor or middle class peoples. Most of the acid attacks are
committed by uneducated persons, laborers or poor workers. In Uttar Pradesh,
mostly the cases are in backward areas where people are uneducated. Due to
illiteracy the women are subjected to acid attack as they are treated as an object.
The major problems observed by the researcher is that of unreported cases. The
study revealed that the number of cases goes unreported in India. The poor girls
never files FIR or take back the case due to family pressure, fear of threat to kill,
ignorance, illiteracy and numerous other reasons.Ruquyya, victim of Acid Attack
never filed FIR against the person who attacked him. The only reason not to file a
case was family pressure and backwardness. The perpetrator was her sister‘s
brother in law. So just to save her sister married life, she never filed a case against
him. Another example is that of Madhu Madhu was a beautiful girl who was
attacked by a stalker for rejecting his proposal. She also never filed any FIR. Again
the reason was family pressure and backwardness. The family advised Madhu to
ignore the act because she was a girl and girls are blamed even for men‘s fault. So
they decided to hide the incident. When people asked her about the burns and scars
on the face and body. The family always gave a false answer that she was burnt
due to exposure of stove accidently in the kitchen.
Similarly, Garima‟s case also went unreported because of backwardness, poverty

and ignorance. 13
The other major reasons of acid attacks are cheap and easy availability of acids,
land or money disputes, suspicion of infedility, domestic violence, dowry demands,
relationship conflicts.14
13 Ibid.

14 Ibid.
To achieve the objectives of the study the following research hypotheses were
formulated by the researcher
1. Acid attacks are gender-based violence.
2. The existing Laws and rules relating to acid attacks on Women are
insufficient to deal with such problems.
The study clearly reveals that the victims of acid attack are mostly women.
Approximately 85% of victims of acid attacks are women. And in the opposite the
98% perpetrators of crime are men. In most of the cases the crime is committed by a
man against women. It is also observed the attacks are mainly committed on young
females between the ages of 13 to 35. It is committed by young males between the
ages of 18 to 45. Though there are numerous provision which can be used in the
cases of acid attcks but these provisions seems to be not comprehensive in nature.
Though the provisions under Indian Penal Code provide punishment and even death
penalty in some case, still it fails to deter the criminals. Despite of these strict
provisions the number of acid attacks in India continue to increase. The crime data
provided by the NCRB clearly shows the failure of laws. In 2013 the number of
case of acid attacks were 66 which raised to 203 in 2014 and 222 in 2015 which is
more than 300%.Even though Supreme Court has ordered the restriction of sale in
India. It has laid down very strict guidelines to regulate the sale of acid. But even
after that the acid is sold freely. The increasing numbers of cases of acid attacks are
clear example of failure of restrictions. 15
The findings of the study clearly states that the acid attacks in India is gender
based crime and it can be concluded that the present laws and policies are not
sufficient to curb the crime of acid attack in India. Thus both the hypothesis are
proved.16

15 For more details see Chapter 6 of the study.

16 Ibid.
Suggestions
Male child should be primed regarding gender equality from early life. The
inequality is deep rooted in our society. It should be removed starting from the
home itself. Each individual should make effort to change the patriarchal concept
which allows male dominance and causes inequality. Both the female and male
child should be treated equally. Parents should teach the children to respect each
other in the childhood. Unnecessary demands of children should never be met.
The boys should be taught to accept the rightful rejection so that they should be
able to accept ―NO‖ for something. Society should not allow the male mindset to
trample upon the rights of the women in a democratic setup. The need of the hour
is to create a human environment through consistent efforts of spreading
awareness regarding human equality. Thus social mores need to be changed for
the goodness of society. The need is to foster ethical value system and the thrust
should be to make human being good and responsible citizen with human feeling.
Education is the best key to stop any kind of violence. The young boy and girl
should be educated for gender equality. The boys should be taught that the girl is
too human being and they are not servants who have to obey the instructions of
males. Moreover, every girl should be educated. Every parent should provide
education to their girl child equal to the son. It is observed that most of the cases
of acid attacks occur among poor and uneducated people and even due to
illiteracy, the victim sometimes never files any case. So, to improve such
conditions, it is very important to educate every child. Just educating the child
would not be sufficient. Even our education system also needs some changes. A
proper anti-violence education programs should be made part of our elementary
education system. In this program, both the girls and boys should be taught to
respect each other‘s feelings. Human rights should be the main subject in the

schools. The primary focus should be to change the sick mindset of patriarchal
society in the mind of each person. Girls should be given training to protect
themselves. They should have knowledge how to fight back if somebody tries to
attack her.
Boys should be taught to help the girls and not to commit violence against the
woman. Boys should be taught that men have no existence without women. Women
give birth to men. Thus spake the Guru Nanak From woman, man is born; within
woman, man is conceived; to woman he is engaged and married.
Woman becomes his friend; through woman, the future generations come.
When his woman dies, he seeks another woman; to woman he is bound.
So why call her bad? From her, kings are born.‖
Although, there are number of laws at national and international level, but
still women are exploited by the male dominated society. The violence against
women is still rising. The judiciary has given various landmark judgments to
give special position to the women and to protect her against violence. The
Courts have helped in granting human rights to women. Even many a times the
judiciary has come forwarded to protect them by providing guidelines to protect
the women. Judiciary has played a proactive role in preventing gender injustice.
Nevertheless, the judiciary is playing a very active role in combating the crime
against women but still following points are suggested by the researcher:
(i) Acid attack victims should be given free legal aid to ensure they do not
struggle to get justice.
(ii) The criminal justice system needs to be stricter in its handling of acid
attacks cases. The decision in cases like Preeti Rathi should be followed.
Strict punishment should be given in cases of acid attacks and any kind
of leniency should be avoided.
(iii) The victims should be treated with Courtesy and dignity while
appearing in the Court. The atmosphere of the Courts should be made

comfortable for the victim. Victims have to face various physical

problems. Their skin burns in heat so cool temperature should be
provided. They may sometimes feel weaker to stand or sit for long time
in the Court. Such discomfort should be avoided by providing required
facilities.
(iv) Speedy trials should be done in the cases of acid attacks.

The Courts should initiate the cases as earliest as possible and give
decision quickly so that the victim should get justice.
(v) The Court should never grant bail to the culprit otherwise the victim
will be in threat to be attacked again.
(vi) Women Courts should be established to give assurance of justice to

women.
Although, the Supreme Court of India has given the directions to regulate the sale
of acid but it is still being sold freely. Example is the recent number of rising
cases of acid attacks. Acid is used as a toilet cleaner. It is so cheap and easily
available so it is used by many Indians because they cannot afford expensive
cleansers.And moreover, acid is used in some factories also. The total ban of acid
might not be possible but still the guidelines of regulation of acid should be
followed strictly. Shopkeepers and other authorities should also co-operate by
following the guidelines. Alternative cheap cleaning agents should be introduced.
Quantity of sale should also be restricted. Acids should be sold only in diluted
form and that too by fulfilling the requirements of rules laid down by the Supreme
Court.
Protection officers should be appointed to deal with the threats and potential risks
to women`s safety to stop acid attacks.These officers should be appointed in every
city. Their contact details should be displayed and published everywhere so that it
would e easy for every woman to approach them.

It is observed that most of the times, proper treatment and medication is not
possible because it can be available in only few cities. All the cities do not have
the well-equipped medical treatment facilities suitable for the survivals. Even if
the survivor goes to other cities for the treatment, the living expenses are really
higher than the hospital fees. This causes problem for the victim to get treated out
of the city. Another problem observed by the researcher is the problem of
aftercare. After the surgeries the skill of the survivals becomes even more
sensitive so it needs extra care. They need to stay in very cool and helpful
environment. Uses of air conditioners is sometimes necessary for them to avoid
sweating. After surgery also it takes time to heal and recover properly. They
cannot travel freely in open areas and have to follow several precautions. They
require continuous treatment and various faculties even after surgeries. So the
proper victimized homes with medical and post surgery facilities should be
established.
After the attack, most of the victims go under psychological trauma. They lose
their hope to live. So it is very necessary to provide counselling to them to regain
their faith in life.
The government has provided the compensation scheme for the victims. The
victim has to face physical and economic problems after the attack. The expenses
for their treatments are very high. They have to go through numerous surgeries
following medications. It is not possible to pay the fees of surgeries. The poor
families are unable to bear the expenses. Moreover, the victims lose their jobs.
She is unable to work after the attack. They become dependent on her family. The
situation becomes even worse sometimes. Laxmi`s family faced very critical
situation after the attack. Her father was in tension because of her daughter‘s
plight. He died due to heart attack. Her brother suffered from T.B which
succumbed him to death. After this the life of Laxmi and her mother was very

miserable. She was searching for a job. Many people promised her but no one
provided her with a job. When the victim is the sole breadwinner for the family,
compensation should be granted to the victim as soon as possible.
Jobs should be provided to the victims. Delhi legal services authority has given
advertisements in which vacancies are fulfilled by the acid attack victims only.
More jobs should be provided in other departments also.Reservation should be
given to acid attacks victims especially in the field of education and jobs.
After the acid attack, it is not only the victim but the whole family who have to
suffer. Laxmi`s father died due to stress and tension for his daughter. Sometimes
the victim is attacked by step-mother or step-father. The children of the victim are
raised in an abusive environment. After the attack the financial condition of the
family suffers badly. One full time attended is required to take care of the victim.
When the victim is taken to other cities for treatment, the victim‘s family have to
spend money to travel and to stay in different cities which many a times becomes
very expensive and difficult to manage.
Women organizations should be organized so that women can attack outdated

social norms and values which need to be discarded or overhauled. It is, therefore,
necessary more women‘s organizations should come up to create awareness
among women to fight against their exploitation and torture.
Blind schools should help the victims by creating jobs opportunity because few
victims became blind after attacks.
Thus awakening of human mind should be by word of the education system.

Family and school should become education centers for fostering moral values
and scientific temperament. Indian society should awake and rise to the human
value system of 21st century and through its collective conscience rise to the

occasion and respect womanhood. The laws will be meaningful only if the minds
of the people are ready to follow the rules.
There is need to create a healthy environment of tolerance and sense of equality be

infused into the young minds at the earlier stages of their bringing up.
“We donot believe in capital punishment.

We donot ask for acid attacks in etaliation.
All that we are asking for is a change in the mentality of the society.
” Laxmi, Acid Attack Survivor17
17 Available at: https://www.vagabomb.com/10-Quotes-by-Acid-Attack-Survivor-

Laxmi-Agarwal-That-Show-the-Power-of-Her-Undefeatable-Spirit/, visited on
August 14, 2017).

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CHAPTER 1

1.1. Acid Attacks on Women

1.2 Meaning and Definitions of Acid Attacks

Acid Attacks have been defined as follows:

1.3. Meaning and Definition of Acid

1.4. Effects of Acid Attacks on the Victim

1.4.1. Physical Effects on the Victim

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1.4.2 Psychological and Emotional Effects on the victim

1.4.3. Economic Effects on the victim

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1.4.4. Social Effects on the victim

1.5. Reasons/ Causes of Acid Attacks

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broken love affair or marriage, unfaithfulness, or rejection. The perpetrator blames

(i) Cheap and easy availability of Acid: Acid is used as a weapon in

School of Law ITM University, Gwalior Page 6

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2.2. Violence against women: Historical Background

1 Available at: http://www.pbs.org/kued/nosafeplace/studyg/origins.html, (visited

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The emergence of a patriarchal hierarchy can be traced throughout the

School of Law ITM University, Gwalior Page 10

5 ―Violence Against Women in India: Origins, Perpetuation and Reform Emma

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2.4. History of Acid Violence

21 Available at: http://www.endvawnow.org/en/articles/731-defining-honourcrimes-and-

School of Law ITM University, Gwalior Page 12

A ―wave of vitriolage‖ occurred, particularly in France, where

24 Available at: http://www.slate.com/articles/news_and_politics/explainer/2013/

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26 Supra note 23.

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PROTECTION OF WOMEN’S RIGHTS: INTERNATIONAL

Violence against women is a problem of pandemic proportions. The

All the International treaties or conventions do not

School of Law ITM University, Gwalior Page 19

Indian judiciary, has interpreted India‘s obligations under

1. INTERNATIONAL ENDEAVOURS ON ACID ATTACKS

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2.2 Convention on Elimination of All Forms of Discrimination against

women. The preamble of CEDAW recalls that discrimination against women

stigma; the survivors seclude themselves and lead of life of complete

 Secondly, expansion of access to justice and support services for survivors of

At the international level, Acid Survivors Trust International is the only

According to data gathered by the Cambodian Acid Survivors Charity

The Law in Cambodia:

As above mentioned, Acid Violence is not specifically addressed in

A draft provision in Cambodia‘s domestic violence law is being

Through an amendment in Section 336-B of Pakistan Penal code, Punishment

School of Law ITM University, Gwalior Page 28

 On first conviction, an imprisonment of one year or a fine of a

 On second and subsequent conviction, an imprisonment of

107 Available at: http://pcsw.pitb.gov.pk/acid_crime_prevention, (visited on

(vii) United Kingdom

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Whosoever shall unlawfully and maliciously wound or inflict any grievous

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Violence against women is now recognized as violation of human rights.