What is the law on acid attacks in India?
Context- A 17-year-old girl was on Wednesday attacked with an acid-like substance in Delhi’s Dwarka by three assailants while she was on her way to school. While the victim has suffered 8% burns and disfigurement of the face and neck area, the accused have been arrested by Delhi police. The incident has once again brought back to focus the heinous crime of acid attacks and the easy availability of corrosive substances.
How prevalent are acid attacks in India?
- According to data compiled by the National Crime Records Bureau (NCRB), there were 150 such cases recorded in 2019, 105 in 2020 and 102 in 2021.
- West Bengal and UP consistently record the highest number of such cases generally accounting for nearly 50% of all cases in the country year on year.
- In 2015, MHA issued an advisory to all states to ensure speedy justice in cases of acid attacks by expediting prosecution.
(Credits- India Today)
What is the law on acid attacks?
- Until 2013, acid attacks were not treated as separate crimes. However, following amendments carried out in the IPC, acid attacks were put under a separate section (326A) of the IPC and made punishable with a minimum imprisonment of 10 years which is extendable to life along with fine.
- The law also has provisions for punishment for denial of treatment to victims or police officers refusing to register an FIR or record any piece of evidence.
- Denial of treatment (by both public and private hospitals) can lead to imprisonment of up to one year and dereliction of duty by a police officer is punishable by imprisonment of up to two years.
What is the law on the regulation of acid sales?
- Based on the Supreme Court’s order in 2013 on the regulation of sales of corrosive substances, the MHA issued an advisory to all states on how to regulate acid sales and framed the Model Poisons Possession and Sale Rules, 2013 under The Poisons Act, 1919.
- It asked states to frame their own rules based on model rules, as the matter fell under the purview of states.
- According to the MHA’s directions and the model rules, over-the-counter sale of acid was not allowed unless the seller maintains a logbook/register recording the sale of acid.
- This logbook was to also contain the details of the person to whom acid is sold, the quantity sold, the address of the person and also specify the reason for procuring acid.
- Sellers are also required to declare all stocks of acid with the concerned Sub-Divisional Magistrate (SDM).
What are the provisions for victim compensation and care?
- Based on Supreme Court directions, the MHA asked states to make sure acid attack victims are paid compensation of at least Rs. 3 lakhs by the concerned State Government/Union Territory as the aftercare and rehabilitation cost.
- States are supposed to ensure that treatment provided to acid attack victims in any hospital, public or private, is free of cost.
How do these help in prevention?
- According to sources in the police, the regulations on acid sales largely help in tracking the accused and not so much in prevention.
- The implementation of the regulations is not very strict. Acid is still easily available in many places.
Way Forward- the key to solving this problem will always remain in society. We must create more awareness. Parents must teach their children the importance of boundaries and consent,
Source- Indian Express
NEWS- What is the law on acid attacks in India?
Syllabus- MAINS; GS-1; GS-2; Society; Legal Rights
