In a bid to curb acid attacks on women, the Supreme Court has ordered that this crime be made a non-bailable offence and enhanced to Rs three lakh the compensation amount for the victims.
A bench headed by justice RM Lodha gave these directions while asking states and Union Territories to frame rules to regulate sale of acids and other corrosive substances within three months. The court said that a photo identity card, containing residential address, issued by authorities concerned would be required for purchasing such substances which in any case cannot be sold to a person who is below 18 years. The bench, which is hearing a PIL filed in 2006 by Delhi-based acid attack victim Laxmi who was then a minor, also passed a slew of interim directions on various issues including sale of acids.
Perusing the compensation schemes of 17 states and seven UTs, the bench observed that the amount which is being paid is "grossly inadequate". The compensation amount for after-care and rehabilitation cost at present ranges between Rs 5,000 and Rs 1,50,000. "It cannot be overlooked that acid attack victims need to undergo a series of plastic surgeries and other corrective treatment. Having regard to this, the Solicitor General suggested to us that the compensation amount to be paid by states to acid attack victims must be enhanced to at least Rs three lakh. "The suggestion is very fair.
We accordingly direct that the acid attack victims shall be paid a compensation of at least Rs 3 lakh by the state government concerned as an after-care and rehabilitation cost for such victims," the court said. 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," it said, adding that the compliance of the order has to be ensured by the chief secretaries of the states and administrators of the UTs respectively.
The bench also asked the central and state governments to work together and make the necessary rules under the Poison Act, 1919 for making acid attack a non-bailable offence. During the hearing, Solicitor General Mohan Parasaran said Punjab, Maharashtra, Karnataka, Kerala, Haryana, Sikkim, Arunachal Pradesh and Meghalaya have already framed rules to regulate the sale of acids and corrosive substances.
On July 16, the Centre had told the apex court that in view of growing incidents of acid attacks, it has framed the Poisons Possession and Sale Rules, 2013, under the existing Poison Act, 1919, to regulate retail sale of acid and other poisonous substances. Taking note of the rules, the court had asked the Centre to send the regulations to the states and UTs for their approval and issuance of notifications.It had also said it may not consider banning the sale of acid in retail if the proposed rules and regulations are enforced.
Earlier, the apex court had slammed the Centre for not being "serious" about framing a policy to curb the sale of acids in order to prevent attacks. In her petition, Laxmi, whose arms, face and other body parts had suffered disfiguration in the 2005 acid attack, had sought framing of a new law or amendment to the existing
criminal laws like Indian Penal Code, Indian Evidence Act and Criminal Procedure Code for dealing with the offence, besides asking for compensation.
Laxmi had been attacked by three youth near Tughlaq Road here as she had refused to marry one of them, according to the petition. The trial is going on for the offence of attempt to murder and two of the accused are out on bail.
