Compensation for acid attack victims same as disabled: SC
New Delhi, May 5 -- The Supreme Court on Monday closed a major legal gap in the rehabilitation of acid attack victims by ordered that persons forced to ingest acid will be entitled to benefits meant for persons with disabilities.
The court also urged the Centre to consider enhancing the punishment to deter persons from indulging in such crimes.
The court noted that under the Right of Persons with Disabilities Act 2016 (RPwD), the Schedule of Disabilities lists acid attack victims as people with external disfigurement , which proves disadvantageous to victims forced to drink acid and suffer damage to internal organs.
The Centre, represented by solicitor general Tushar Mehta, informed the court that the concerned ministry has taken up the issue and drafted an amendment for the legislative department to enact the necessary change to the Schedule.
The bench issued the order in view of the fact that the amendment was expected to take time.
The bench also clarified that the addition to the Schedule shall be "deemed" to have been included since the coming into force of the Act and asked the Centre to formally notify the same.
The court took up the matter while hearing a public interest litigation filed by Shaheen Malik, whose petition was spurred by her own experience as a victim.
She pointed out that section 326B of the Indian Penal Code (IPC), which is now replaced by section 124(2) of BNS specifically penalises the act of forcibly administering acid or attempting to administer acid with a minimum sentence of five years, which can extend to seven years.
"This amendment to Section 326B was carried out in 2013. Unfortunately, it has had no deterrent effect. Rather, the number of victims has multiplied and the attacks have become more brutal and violent. In 12 years, the fact there is an alarming increase is itself a serious issue for consideration," noted the bench.
The petitioner's counsel, senior advocate Mukul Rohatgi, said that the issue of easy availability of acid should also be considered by the court and noted out that in an earlier hearing in another case, the court had issued directions curbing the over-the-counter sale of acid. "Instead of buying a gun, all that a person has to do is purchase acid for Rs.50 and with this, you destroy a life permanently. Any amount of compensation is not enough to wipe away the tears of the victim," Rohatgi said.
The petitioner told the court that she has collected details of how easily acid can be purchased across the counter.
"It is the accused who should be made to suffer. Attach his assets, even if it is the self-acquired property of his parents and let that share go to the victim," the bench said. "There needs to be a control order on sale of acid. Even the traders who sell, should be made vicariously liable as co-accused."
Mehta volunteered to take up the matter with the authorities and agreed to examine the open sale of acid in Delhi. The bench posted the matter after two weeks while asking the petitioner and the Centre to suggest a framework to prevent such crimes and to "entangle" traders indulging in unregulated sale....
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