SC: culprits in Acid attack cases threat to society

NEw DelhiThe sublime margaret court on th observed that perpetrators of back breaker attacks ar a “threat to society” and must be dealt with an “iron hand” as it came across the plight faced by victims whose internal organs suffer perpetual damage on being made to consume acid but who lose out on disability benefits under the law as their “disfigurement” is internal and not external.“In the penal code, such ruthless and brutal cases should have stringent conditions more than those in special laws such as UAPA, etc. These people are a threat to society, to the people. The law and the criminal justice system must deal with them with an iron hand to act as a preventive measure,” said a bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi.Further, the bench proposed that while such cases are usually tried under the head of causing grievous hurt, the perpetrators may be tried for ‘attempt to murder’ punishable under section 307 of Indian Penal Code (IPC) and which carries a maximum sentence of life imprisonment. “In matters where the victim of acid attack has survived, the corresponding offence of section 307 IPC should be there as such an act is bound to cause an irreversible damage,” the bench observed.The court was hearing a petition filed by an acid attack victim Shaheen Malik who portrayed the plight of such victims as the scar remains with them throughout life yet, the Right of Persons with Disabilities Act (RPwD) that recognises acid attack victims as a category of beneficiaries does not extend benefits to this class of victims as their “disfigurement” cannot be assessed.The court had last week issued notice on Malik’s petition to the Centre to explore if suitable changes could be introduced in RPwD. It had also sought information from all high courts to know the status of pendency of acid attack trials in the country after it was surprised to note that the trial in Malik’s case is pending since 2009 in a Delhi court.On Thursday, the court issued notice to all states and union territories as well and kept the matter after six weeks as Centre sought more time to propose a policy framework for the specific category of acid attack victims projected in the petition.Malik, assisted by advocate Sija Nair told the court that in such cases, the perpetrators are mostly husbands or in-laws who commit such brutality on wives to settle matrimonial and other cases.Solicitor general Tushar Mehta who appeared for Centre described such acts as “horrendous” while pointing out that in his discussions with the government officials, an apprehension was raised that if such victims are to be included as beneficiaries under the RPwD, there is a possibility of misuse by persons and hence the standards need to be fixed to assess the victim who is to be benefitted.Malik stated in her petition that as per the RPwD Act, “acid attack victim” means a person disfigured due to a violent assault by “throwing of acid or similar corrosive substance”. Due to this definition, those forced to ingest acid do not come under this category.At the same time, the offence of acid attack as per Section 124(1) of the Bharatiya Nyaya Sanhita, 2024 punishes persons who administer acid to victims. This offence is punishable with a minimum sentence of ten years in jail that may extend to life imprisonment.The petition said, “A comparison of the definitions of ‘acid attack victims’ under the BNS, 2024, and the RPwD Act, 2016, highlights a critical disparity. Though the act of forcefully throwing or administering acid is punishable under the BNS, the victims who have been administered with acid forcefully are not included in the definition of acid attack victims under the RPwD Act.”The court also raised concerns about the lack of financial resources of victims who need life-long treatment while the law under the Code of Criminal Procedure (CrPC) only provides them an amount of ₹3 lakh or so which is “unrealistic”.“We will take up after six weeks and see what can be done. Under the scheme of National Legal Service Authority, there is a cap of ₹3 lakh for the victim…they require perpetual medical treatment which is long term that cannot be generally available to victims from poor financial background,” the bench said.Meanwhile, the court was informed that the trial against the accused who threw acid on Malik has been expedited. Without passing any order, the court asked Mehta to ensure the trial is completed by December 31.