Acid Attacks in India and Preventive Measures

Acid violence constitutes gender-based violence, a form of discrimination under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Reasons of High Frequency of Acid Attacks

The reason for the high frequency rate of acid attacks in India is that concentrated acid is cheap and easily available in the market, for as low as Rs. 16-25 per litre. There are no legal restrictions imposed on buying or selling acid. Acid attack perpetrators do not usually intend to kill their victims, but to cause long-lasting physical damage and emotional trauma but may still result in death. Acid is a corrosive liquid that has the potential to seep deep into the skin and damage muscles, blood vessels, and bones. Burns experts and plastic surgeons point out that the injured part should be bathed in cool running water for at least 15 minutes so that the acid is diluted and washed away. Incidentally, not many Government hospitals are aware of this

Acid attacks cause immediate damage, disfigurement, pain, and long lasting medical complications for victims.  Acid can melt away a victim’s skin and flesh, going as far as dissolving bones.

The burned skin dies, turning black and leathery, and severe scarring results. After the attacks, victims are at risk of breathing failure due to the inhalation of acid vapours which cause either a poisonous reaction or swelling in the lungs. Acid burn victims may suffer from infections, which can also cause death if not treated properly.

Executive Actions

• The efforts by the government, including the various state women’s commissions and the Ministry of Women and Child Development, to curb acid attacks on women has not been fruitful so far.
• The National Commission for Women had in 2009 proposed a Scheme for Relief and Rehabilitation of Offences (by Acids) on Women and Children, which emphasised disbursing Rs. 50,000 for a victim’s treatment immediately after an acid attack. Depending on the nature of injuries and the treatment required, this could go up to Rs. 25 lakh.
• Besides, the family or legal heir would be entitled to a compensation of Rs. 2 lakh. But none of these provisions have been implemented.
• The JS Verma Committee had recommended adding new sections in the IPC to make voluntary throwing or attempting to throw acid a serious crime with enhanced punishment.
  • In case of a person voluntarily causes grievous hurt through use of acid, he will be punished with rigorous 10-year imprisonment, which may extend to life.
  • He will also be liable to pay compensation to the victim, adequate to meet at least the medical expenses incurred by the victim.
  • In case of voluntarily throwing or attempting to throw acid, the accused will face rigorous imprisonment for a term of 5-7 years, besides paying compensation to the victim.

Judicial Actions

In July 2013, the Supreme Court directed states and union territories to frame rules to regulate sale of acids and other corrosive substances within three months and make acid attack a non-bailable offence. After the SC direction, the government has also agreed to classify acids under the Poisons Act, 1919.

The SC also ruled that

• Acid should only be sold to those over 18 years and on production of a government-issued photo ID with residential address.
• The seller must note down the reason for buying and the quantity, with the punishment for non-compliance being a fine of up to Rs. 50,000.
• Institutions which need acid for work, etc, have also to follow certain guidelines while purchasing storing it and name persons accountable.
• State governments who have not done so already must draw up a victim compensation scheme, the amount being not less than Rs 3 lakh out of which 1 lakh is to be paid within 15 days of the attack.

Legislative Actions

Prevention of Offences (by Acids) Bill 2008

The National Commission for Women (NCW) had come up with a draft of the Prevention of Offences (by Acids) Act (Bill), 2008.  This bill proposed that a national acid attack victims’ assistance board be set up to recommend strategies for regulating and controlling the production, hoarding, import, sale and distribution of acids. This bill however, lost in oblivion somehow.

Criminal Law Amendment Act 2013

The Indian Penal Code didn’t define “Acid Attacks” therefore it is difficult for the prosecution to put up a strong case against the culprit.  Police officers initially charged the accused under Section 307 (attempt to murder) of the IPC, and after the women’s deaths, with murder under Section 302. The Criminal Law (Amendment) 2013 has inserted Sections 326(A) and 326(B) in the Indian Penal Code (IPC) to deal with acid attacks. Section 326(A) states that whoever causes permanent or partial damage shall be punished with minimum 10 years in jail to a life term and a fine up to Rs. 10 Lakh to be given to victim. Eventually, these provisions are gender neutral so protect the male also.