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Acid Attacks In India: A Socio Legal Study |
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Paper Id :
18061 Submission Date :
2023-08-15 Acceptance Date :
2023-08-23 Publication Date :
2023-08-25
This is an open-access research paper/article distributed under the terms of the Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. DOI:10.5281/zenodo.8377484 For verification of this paper, please visit on
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Abstract |
Acid attacks in India are in alarming growth from the
last decade, which destroy the life of the survivor and even the acceptance of
the society is far away and struggled by the survivors especially in the
country like India, Where women are still looking for their individual
identity. Women are still dependant on the male even for their small decision
in life. India is a male dominating society which is changing but on very slow
scale and women are suppressed by man of the society even the male members of
the family. Acid attacks on women are on rise with the majority of the victims
being young girls aged 11 to 30. According to the survey, 78% of the acid
attacks are occurred because of the refusal to marry, rejection of love, family
disputes, jealousy, many more personal reasons. It can make the victim lost
their life even if they survive there life is shattered in dark where they have
to start a new life after all the medical treatments. It is so easy to obtain
acid and it is inexpensive. Acid is ideal instrument for the murder. It can
cause a person physical as well as psychological scars for the life. It is also
found out that the victims of the acid attacks are mostly abandoned by their
family members this leave them with isolation and perpetual trauma can been
seen in the victim’s. The most of the persons who are attacked have experienced
the violence in other factors too as not able to work, as nobody hire them,
refusal to marry, acceptance from the society in the public places. Many
agencies and communities even the local government agencies are providing
campaigns for the awareness in the society for the acid crimes. |
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Keywords | Laws on Acid attacks, Reasons of Acid Attacks, Effects of the Acid Attack on the Victim. | ||||||
Introduction | Women
have a significant role in society. There are responsible to birth the
child, yet they are being to die as a result of the atrocities performed
against them. When a woman is trying to come up and speak about her poor status
in patriarchal society, she is ostracized in various manner, which includes
physical violence, acid attacks and burning them to the death. Acid violence is
a horrible crime is frequently being happening against women in order to
disfigure or kill them especially in India. It can be said as gender based
violence against women in most of the cases, yet attacks are also performed on
men but the reasons are different than woman like mainly they are targeted
because of the family disputes or in gang wars, there are some case of the
refusal to marry where men are targeted by the women and family members of the
women. “Acid attacks” is an act of violence which is thrown or poured to the
victim’s face or the other part of the body. The crime of acid attack doesn’t
happen only in our country as it been taking place throughout the world but
this heinous crime is mostly in the country like Bangladesh, Cambodia,
Pakistan. [1]
In the Justice
Verma Committee Report and in the 226th Law Commission of India
Report mentions that the Acid crimes are distinct gender dimension in India.
The most frequently employed acids in attacks are nitric, hydrochloric, and
sulphuric acid. Although acid attacks are seldom fatal, they do leave some
serious physical, psychological and social scars. The laws have been harsher
with passage of ‘The Criminal Law (Amendment) Act 2013’ and after the Supreme
Court instructions. However, a 2014 survey found a 300% rise in the overall
number of acid attack incidents documented. Our legal and medical institutions
have also shown to be inadequate in dealing with such occurrences. [2] |
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Objective of study | The main objectives of the study are:- 1. To study the reason behind the acid attacks 2. To study the mindset of the survivor. 3. To study and collect the data from the survivors 4. To study legal work of the acid attacks. 5. To study the judicial approach of the acid attacks. 6. To study about the compensation provided to the Survivors.
7. To give the suggestions to deal with the future attacks. |
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Review of Literature | An
Article of the author “Vanita Awasthi and Rohit Kumar Gupta” named “A
Social- Legal study of Acid Attacks on Women in India” (2015), [3] it
mainly focuses on the life story of the survivor ‘laxmi’. The suffering of the
victim mentally, physically. It also states about the cases which are
unreported and not included in the data of the acid attacks. It also includes
about the mentality of the culprit to throw the acid in the public places and
crowded areas so that nobody remembers their faces. The
article authored by “Kundan Srivastava” which is “Weak Laws against Acid
Attacks on Women in India- Shameful state for Women Organization” (2014),
the author here in this article has the view about the status of the women in
the society. Firstly he has explained about the definition and meaning of acid
attacks. Then he has explained about the motive and reasons behind the attacks.
According to him the main reasons is the family disputes, rejection of the
love, poor relationship. It also explains about the Gender based crimes and
Acid Attacks is one of them. This article also focuses on the sale and purchase
of the acid and it says about that should be adequate steps which should be
taken to deal with the sale and the purchase. It also explains about the weak
laws implemented on the acid attacks. And the guidelines are seems to be
confusing the laws.[4] The
author Chinmaya Kumar and Hiranmaya Nanda has authored a research paper “Acid
Attack and women in India: A Critical Analysis” (2015) this focus about the
increasing number of attacks in the society. The paper explains the Criminal
Law Amendment, 2013 and explains the laws which are amended and added which has
brought up the changes in the society but the cases are not been decreasing
after the amendment.[5] The
book ‘Indian Penal code’ of the author “S.N. Mishra” [6] gives closer
look into section of acid attacks, grievous hurt, attempt to murder and with
all the punishment and the leading cases to help it.
The
book “Constitutional Law of India”, by the author “Narendra Kumar”,
describes the “Right to life” which is Fundamental Right of every citizen of
the country, which can be infringed by the acid attacks. [7] |
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Main Text |
Definition and
Meaning of Acid Attack According to a
UNICEF research, “Acid attacks are a serious problem all over the world, and
children are often victims of acid attacks.” In an acid assault, acid are
thrown towards the victim’s face or body with the goal to burn and to disfigure
them. The majority of the victims of acid attacks are women, many of them are
under the age of 18 years, who have turned down sexual approaches or marriage
promises. “The Act of throwing acid upon a person’s body “with the intention of
injuring or disfiguring [them] out of jealousy or revenge “is classified as an
acid assault or vitriolage. [8] Vitriolage, also known as acid assault, refers to the act of throwing acid on a person’s body (mostly on women and young girls). In other terms, acid violence is the intentional use of acid to hurt human people. The Indian Penal Code, 1860, as amended by the Criminal Law (Amendment) Act, 2013, defines acid as "any substance having an acidic or corrosive character of a burning nature, capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability." [9] Effects of Acid
Attacks Acid assaults
have a high survival rate (Acid Survivors Trust International). As a result, victims have devastating
impacts that may be roughly classified into three categories: physical,
psychological and social and economic. Physical
Effects The severity of
bodily harm is determined first and foremost by the concentration or kind of
acid employed in the assault, and secondarily by the length of time the body
was exposed to the acid. The longer a body is exposed the more harm it will
sustain. Acids are so corrosive that they quickly disintegrate skin, fat, and
muscle, and in some circumstances even reach bone and organs. Victims suffer
complete or partial destruction of vital body parts such as eyelids, ears,
nose, nostrils, mouth, lips, eyes, cheeks, chin, neck, forehead, skull, breasts
(including destruction or cessation of development of breasts in young girls),
shoulders and hair all of which permanently impair a victim. Victims are
also exposed to harmful vapors emitted by the acid and charred bodily parts.
Which in the majority of cases, created a toxic response in a victim’s lungs or
enlargement of the neck, leading to difficulties in breathing and death due to
asphyxiation. [10] Victims of the
acid attacks faces chronic health repercussions in addition to acute
consequences. The burns caused by the acid attacks gives thick scars and causes
the skin to damage tighten, victims are damaged partially sometimes permanently
with the disfigurement and deformity.[11] The victims faces many issues in
their recovery period as they have so are not able to talk because of the acid
destroys their vocal nerves; breathing issues are caused in some of the
cases; some loose eyesight permanently; some suffer from the permanent closing
of their mouth; not able to hear with the cause of ear damage; their teeth are
also melted in some cases; eyelids are burnt in acid which cause them to close
their eyes; their hairs and are also burnt in attacks; not able to give
movement to the neck as it is stuck to movement in some cases; the inner bodily
parts are damaged in the attacks such as lungs, food pipe, vocal grand, etc;
arms and the hands movement is lost they are sometime burnt in such a manner
that hands lost their ability to work, the skin is leathered in the manner that
they causes permanent deformity; the muscles loose their strength to give the
movement to the body; the chin muscles are also being burnt. [12] Not only these permanent and partial
effects on the body there are certainly more effects which are only been felt
by the survivors itself, we can’t imagine the pain the survivors go through.
Yes, there are many structural surgeries to reform the parts of the body but
yet they can’t make the victim same as they are before the attacks. But it can
help to build the confidence in them and to help them with to live peaceful
life and to do the daily work and not being dependant on some other person.[13] Psychological
Effects After the
attack, the victim is lost in their pain and with the guilt of not
understanding why that has happened?, what could be their life if the attack
has not been taken place? What will happen to their future?. There are many
more questions which are ongoing in the society between their near and dear
ones, which make the mind of the victim weak and their ability to think about
the life. And some of the victims tries to commit the suicide after all the
mental and physical pain suffered by them. They suffers from the nightmares of
the incident which causes fear in them to come out and face the society. The
physical effects and psychological effects on the victims can lead them to the
depression which is as important to deter as physical pain. Their life’s become
so miserable that they feel no motive of living and the societal pressures for
woman to look good is no wonder make them difficult to accept themselves and
live their life. [14] Social and
Economic Effects The victim
faces many problems after the attacks to live in society, as the society
doesn’t accept them after the attack, people are afraid to see them. They are
not allowed in public places as the society doesn’t feel comfortable to sit and
even doesn’t want to see them. The victims feels lots of pressure from the
society even the family members, relatives, and friends started seeing them
with pity, there is nothing like before for them in the family gatherings. They
are not invited in beauty parlors, fashion industry as it can cause loose their
businesses and people around them doesn’t feel comfortable around them.[15] Some victims are badly burnt that
they are totally dependant on some other person from minor tasks of the day.
They survivor’s are not able to marry after the attacks even the partners
doesn’t accept them after the attacks. They are not able to educate themselves,
not able to go to colleges, universities because of the societal pressures on
them.[16] As we talk
about the economic effects on the victim’s they have no means to support them
as in early time of the attack the victim required huge amount of funds to go
for various surgeries which are supported by the government organizations but
some of them doesn’t also get the help from the government for the financial
help. They suffer a lot economically they are not able to work to earn and to
support them. Family considers them as a burden gradually. They doesn’t have
any job opportunities where they can earn no one wants to hire a person who are
not good looking especially in business of fashion, beauty industry, in
MNC’s, etc. they can only work where they are not seen in person, and
work less salaries as the common person because of their medical issues. All
the cost of the cases which goes in the courts are very expensive and is
difficult to prevail justice. It is very slow process in the Indian courts, the
victims has to visit for many years with the lots of pressure in the courts.[17] The Legal
System With the effect
of the Amendment passed in 2013, the legal system of India was grossly
insufficient to deal with acid assaults since there is lack of mechanism to
punish the culprit and the compensation amount is insufficient for the victims,
it is given certain amount which is required. After the passing of the Amendment
act in 2013, the culprits are being charged on the basis of causing pain,
inflicting serious hurt, causing hurt with hazardous weapons (such a hot
substances), and causing severe hurt with dangerous weapons such as corrosive
compounds, or murder. These are offences which are covered under the Indian
Penal Code (1860) which are not wholesome satisfied by the prosecutions due to
its wholesome and generalized manner and laws are not enable for the
convictions to the perpetrators. As we know
Indian Courts has been always a talk of the town about pending cases in the
courts and the work pressure on the Judiciary but the Amendment of 2013 changed
and brought and filed with a lot more cases against the women crimes and acid
attacks is one of them. Earlier there was no specific charge for acid attacks
so the victims had no choice left with moving to the general charges even in
the cases of the acid crimes, which was concluded with inconsistency and
insufficient punishment to one year imprisonment or fine which is only up to
Rs. 10,000, under the Section of 323 before the amendment. Under the grievous
hurt of the Section 325 which is punished with the imprisonment of 7 years or
fine or both. Section 324 is about the causing hurt with the heated substances,
which is punished with the imprisonment for 10 years or the life imprisonment
or fine or both and same in the section of 326,[18] grievous hurt by corrosive
substances. In section 302[19] (Murder) if the person is dead it
gives punishment of imprisonment for life or death or fine. Which usually is
not required as the acid attacks only took place because the culprit doesn’t
want to kill the victim as he or she only want to grievously hurt the victim to
make the life of the person miserable and hell to live in a simple life. The crimes of
acid sanctioned with upper limit for imprisonment terms, gives the courts
freedom to impose for shorter time period for the culprit in the jail and the
legislation did not provide and clarify the compensation laws and amount
awarded to the victims, so some of the victims does not get any compensation
amount at all: (Awadesh Roy v. State of Jharkhand,[20] 2006; Kaur, 2018), in this case
compensation was totally not adequate and it is not sufficient for the victim
as the victim was only given the mere amount of Rs. 5000 only. Which can not at
all help the victim and it is unfair for the victim after what had happened to
the victim. (Ramesh Dey and Ors. v. State of West
Bengal[21], 2006), the compensation was provided
with the sum of Rs. 2000, to the victim, who has just lost so many things in
their life, the sum of Rs.50000 is been provided as a compensation to the
victim in this case. (Mahadeva Madeva Shisthu v. The State
of Karnataka, 2005).[22] In all these above cases the
compensation was awarded that is so inadequate for the victim that is not at
all going to help the victim in any f their surgeries of re-construction of the
faces and the body parts, as these surgeries are way more costly than any
facial surgeries and the victim will also not get any help regarding the
psychological effects on their mind after the attack and no personal counseling
can afforded by the victim with this small sum of the amount. After the
passing of the Amendment Act of 2013, a lot of problems are solved and
improvement is there after the separate offence for the acid attacks cases. The
Act further deals with separate offence under the Section of 326 A of The
Indian Penal Code, 1860, which has also changed the compensation mechanism and
the scheme for victim compensation is improved and it will be included with the
fine which is paid by the culprits, the State Government will provide the
compensation which will not be included in the fine imposed on the culprit
rather it will be provided separately under the Section 357A-B, of The Criminal
Procedure Code, 1973.[23] After the
Amendment laws in India is formulated the time period of the imprisonment is
minimum of 7 years in case of attempt to throw acid and imprisonment will be
minimum of 10 years in case of the acid attack under the section of 326 A and
326 B of The Indian Penal Code, 1860. Under the section of 357C of The Criminal
Procedure Code, 1973 which deals with the compensation as form of the fair and
free treatment of the acid survivor, which are generally highly expensive. In
surgeries the victim has to undergo are reconstruction surgery and corrective
surgeries which are done timely depending on the recovery of earlier surgery as
it highly risky and timely process which needs funds and not only funds for the
surgery the medicine, time to time doctor’s visit should are also included. The
Ministry of Home Affairs 2015 here came forward along with the Supreme Court
which says about the act which will cover all the treatments but this will not
include the psychological treatment of the victim’s. [24] The courts hadn’t made it clear
about this act about of compensation is paid by the culprit wholly by himself
or he or she should pay minimal amount as fine. In case of Laxmi v. Union
of India[25] in 2014, the compensation was
provided to the victim as a sum of Rs. 3 lakhs, In which Rs. 1 lakh is paid
within 15 days of the attack and Rs. 2 lakh is paid within two months of the
attack for the rehabilitation. In this case it has also established the
regulation on the sale and purchase of the acid in which the person will not be
able to purchase acid below the age of 18 years without the name and
identification, address of person, purpose of buying acid and the seller will
not sell the acid without the identification and should maintain a log register
about the amount of acid sale and date of the sale with the photocopy of the
identity proof of the buyer.
The court in
the laxmi’s case has not enlightened about the amount of compensation which
should be not more than Rs. 3 lakhs or court has the discretion to raise the
compensation amount then further it was cleared in case of Parivartan
Kendra v. Union of India[19] the
amount of the compensation should be decided by the court and it can be raised
more than Rs. 3 lakh, which will depend on the case. |
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Conclusion |
Acid Attack is on rapidly increasing even after the stringent
laws amended after The Amendment Act, 2013, there are cases which are not been
recorded in the station because of family and society pressures. The state
government should pay more attention to the purchase and sale of the acid after
the guidelines of the Supreme Court it is seen that acid is being sold in the
country without following the guidelines of the sale and the purchase of the
acid. The ‘tezaab’ a bottle of acid of Rs. 30 can destroy a person identity and
can take someone life so stringent laws should be on it, the punishment should
be there for the seller to not following the guidelines. The compensation
amount are not being provided to the victim timely there are some NGO’s which
are helping them on the time of the attacks the government is on the back foot
when come to the rescue of the victim and the amount of compensation should be
more as there should be funds which should be immediately issued to the victim
or the Hospitals should admit the victim immediately without any charges and
give free medical treatment whether it is private of the public hospital. The
psychological help is must in the acid attack cases because acid doesn’t only
destroy the body from outside but it destroys from inside the body of the
victim as the victim should provided with the training programs which help them
to re-build their confidence and the new way of living their life without any
fear. |
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