In recent times, the harrowing crime of acid attacks has gained significant attention due to its growing prevalence in India. A case that has come under the spotlight involves a girl who was assaulted with an acid-like substance in Delhi by three assailants. This incident serves as a chilling reminder of the omnipresence of this form of violent assault and its repercussions.
The National Crime Records Bureau (NCRB) data reveals a disturbing trend; 150 acid attack cases were reported in 2019, followed by 105 in 2020, and 102 in 2021. West Bengal and Uttar Pradesh consistently rank as states with the highest reported incidence of such cases, attributing nearly 50% of all acid attacks recorded nationally. Focusing on prosecution rates, the charge sheeting rate was 83% in 2019 with a conviction rate of 54%. These figures rose marginally to 86% and 72% respectively in 2020 but saw a sharp drop in 2021 with recorded figures of 89% and 20% respectively.
Legal Provisions for Acid Attacks Under the Indian Penal Code
Before 2013, acid attacks were not categorized as distinct crimes under the law. However, post-2013 amendments in the Indian Penal Code (IPC), acid attacks were given their own section (326A) and made punishable with a minimum of 10 years imprisonment. This time period could extend up to life imprisonment, accompanied by a financial penalty.
Additionally, the law covers punishment for the denial of treatment to victims or any disregard by police officers in registering a FIR or recording evidence. Denial of treatment by hospitals, both public and private, could lead to imprisonment of up to one year. On the other hand, dereliction of duty by a police officer might result in imprisonment of up to two years.
Regulating Acid Sales: The Poisons Act, 1919
In 2013, the Supreme Court stepped in to control acid attacks by issuing an order to regulate the sale of corrosive substances. Following this order, the Ministry of Home Affairs (MHA) laid out instructions for all states on regulating acid sales and formulated the Model Poisons Possession and Sale Rules, 2013 under The Poisons Act, 1919.
Further guidelines stated that documentation was necessary for acid purchase and a buyer should be above 18 years of age. Sellers were asked to declare all stocks of acid with the concerned Sub-Divisional Magistrate (SDM). In case of undeclared stock, the SDM could confiscate the stock and impose a fine of up to Rs 50,000. Moreover, a person would be held accountable for storing and using acid safely in their premises.
Compensation and Care for Acid-attack Victims
The law mandates that acid attack victims receive at least Rs. 3 lakhs as compensation from the concerned State Government/Union Territory for aftercare and rehabilitation purposes. In addition, it is incumbent on the state to ensure that victims receive free-of-cost treatment at any hospital, be it public or private. Moreover, acid attack victims are entitled to reserved beds in private hospitals given the need for numerous plastic surgeries post-assault.
The Path Forward
Despite significant strides in legislation to handle acid attacks, women continue to endure violence, impeding their development, peace, and human rights. To realize the promise of the Sustainable Development Goals (SDGs)—leaving no one behind—a concerted effort is required to eradicate violence against women and girls. Combatting such crimes calls for a holistic approach that includes participation from lawmakers, police officers, the forensic department, prosecutors, judiciary, medical & health department, NGOs, and rehabilitation centers. Ultimately, effective measures for justice and prevention would contribute to ensuring safer spaces for women in India.
