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Acid Attacks and the Search for Real Justice

Context

  • In recent hearings, the Supreme Court observed that acid attacks require extraordinary punitive measures, not routine sentencing.
  • The Court suggested seizure and auction of assets of convicted acid attackers to directly compensate survivors.
  • In Shaheen Malik v. Union of India (2025), the Court highlighted continued failure to implement earlier binding directions issued in Laxmi v. Union of India (2015) case.

Introduction

  • Acid attacks are among the most extreme forms of gender-based violence, causing permanent physical disfigurement, psychological trauma, and social isolation.
  • The harm caused is lifelong, extending beyond the moment of attack into medical, economic, and emotional suffering.
  • Survivors often face stigma, repeated surgeries, loss of livelihood, and prolonged legal battles.
  • Despite IPC Sections 326A and 326B, conviction rates remain uneven and victim compensation inadequate, often delayed or symbolic.

NCRB Data on acid attacks, 2023 

NCRB Data on acid attacks, 2023 
  • New and pending cases: 113 cases under investigation in 2023, plus 53 cases carried over from the previous year.
  • Chargesheeted cases: 86 cases were chargesheeted and sent for trial.
  • Trial backlog: 649 cases were pending trial overall.
  • Convictions: Only 16 cases resulted in conviction.
  • Acquittals: 27 cases ended in acquittal.

Supreme Court’s Evolving Approach to Acid Attacks

Extraordinary Punishment for Extraordinary Crimes

  • The Court stated that punishment must be severe enough to act as a real deterrent.
  • A purely reformative approach was rejected for crimes involving irreversible harm.
  • Acid attacks were compared in gravity to dowry deaths, questioning their treatment under general sentencing policies.

Asset Seizure and Victim Compensation

  • Recommendation to identify, seize, and auction assets of convicted offenders.
  • Auction proceeds to be used directly for victim compensation.
  • Aimed at combining deterrence with restorative justice.

Laxmi v. Union of India (2015): Key Directions

Laxmi v. Union of India (2015): Key Directions
Compensation Framework

  • Minimum compensation of three lakh rupees for each survivor.
  • One lakh rupees to be paid within fifteen days for emergency treatment.
  • Remaining amount to be paid within two months for surgeries and rehabilitation.
  • Monitoring responsibility assigned to the National Legal Services Authority.

Regulation of Acid Sale

  • Ban on unrestricted over-the-counter sale of acid.
  • Mandatory maintenance of buyer records with identity proof.
  • Prohibition on sale to minors.
  • Financial penalties for non-compliance.

Free Medical Treatment

  • All hospitals, including private ones, are required to provide free treatment.
  • Coverage to include medicines, surgeries, hospital stay, food, and follow-up care.
  • Refusal of treatment to attract legal action.

Shaheen Malik v. Union of India (2025): Judicial Alarm

Shaheen Malik v. Union of India (2025): Judicial Alarm
  • The Court noted that survivors still litigate for basic entitlements guaranteed in 2015.
  • Failure to ensure assured compensation and free medical care highlighted.
  • Acknowledged decade-long enforcement gaps across states.
  • Emphasised the need for accountability of administrative authorities.

Recognition of Survivor Trauma and Rights

  • The Supreme Court acknowledged the loss of identity, permanent disability, and psychological suffering of survivors.
  • Survivors assured high-quality legal representation to prevent procedural injustice.
  • Reflects a shift towards dignity-based justice under Article 21 of the Constitution.

Ground-Level Challenges Faced by Survivors

Legal and Administrative Barriers

  • Delayed or partial payment of compensation.
  • Weak enforcement of acid sale regulations.
  • Prolonged trials and low conviction rates.

Medical and Physical Hardships

  • Denial of free treatment despite clear court directions.
  • High out-of-pocket expenses for surgeries and rehabilitation.
  • Shortage of burn and reconstructive care facilities, especially in rural areas.

Psychological and Social Impact

  • High incidence of depression, anxiety, and suicidal tendencies.
  • Social stigma, isolation, and abandonment by families.
  • Limited access to mental health services.

Preventive and institutional gaps

  • Absence of a central national database on acid attacks.
  • Poor monitoring of acid sale and storage.
  • Lack of shelters, rehabilitation centres, and crisis support institutions.

Towards a comprehensive rehabilitation framework

Legal and Compensation Reforms

  • Compensation should be time-bound and automatically disbursed to survivors to prevent repeated litigation and administrative delays.
  • Digital mechanisms linked with police and medical records can ensure speed, transparency, and accountability.
  • Fast-track courts should be established for acid attack cases to ensure quick resolution and reduce prolonged trauma.
  • Trials should be conducted in-camera to protect the privacy, dignity, and identity of survivors.
  • Witness protection mechanisms are necessary to help survivors testify without fear of intimidation or retaliation.

Healthcare and Rehabilitation

  • Court-mandated free medical treatment must be strictly enforced in both public and private hospitals.
  • Any denial or delay in treatment should attract clear legal penalties.
  • A national network of specialised burn and reconstructive care centres should be developed, particularly in regions with limited medical infrastructure.
  • Survivors should be provided lifetime rehabilitation coverage under public health schemes, including follow-up surgeries, physiotherapy, prosthetics, and assistive devices.

Mental Health and Social Support

  • Acid attack survivors require long-term psychological support due to severe trauma and social stigma.
  • Survivor-led support groups and networks should receive institutional recognition and funding.
  • Access to specialised trauma counselling services must be ensured through trained mental health professionals.
  • Long-term psychological care should be recognised as a legal entitlement rather than a one-time intervention.

Socio-Economic Reintegration

  • Survivors should receive education support and scholarships to help them resume or continue studies.
  • Skill development programmes must be tailored to survivors’ abilities and interests to enhance employability.
  • Job reservations and livelihood assistance should be provided to address workplace discrimination and economic exclusion.
  • Access to interest-free loans, startup assistance, and entrepreneurship schemes can promote financial independence and self-reliance.

Conclusion

Acid attacks expose a grave breakdown of social deterrence and state protection mechanisms. The Supreme Court’s recent interventions signal a decisive shift towards survivor-centric and deterrence-based justice. However, true justice will be realised only when judicial intent is matched by effective administrative execution, restoring dignity, security, and hope to survivors.

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