Introduction
In
the Indian Penal Code, sections 326A and 326B have been added. The Criminal
(Amendment) Act,2013 reduces this grievous hurt of acid attack which makes
permanent damage or deformity or makes a person disabled. Where the Indian
Constitution through its several provisions ensures equality between men and
women in the custody. Among all crimes, an acid assault is one of the most
horrifying, wreaking destruction that can rock the foundations of society and
the conscience. A victim is in excruciating physical and emotional suffering
and is unable to comprehend it. From the acid attack in every aspect of this
society, a woman is becoming the victim of the cruelty of misogynists. The situation where women always feel scared
and helpless by bringing up too many injustices and dogma. In ancient times
acid was generally used for chemical experiments and metallurgy but misuse and
viral acid burn cases occur as crimes of passion against women. Acid cannot be
destroyed but it can be reduced before spreading with Cold and clean water
until the concentration of acid goes down on the skin.
The latest report of the
National Crime Records Bureau (NCRB) 2016 recorded 283 incidents under
the section of acid attack (‘Living in the shadows’- A project for acid attack
victims by Haryana State Legal Services Authority) [1]. It revealed that
most of the reported acid attack cases are due to refusal of marriage or
rejection of romance. Despite an increase in the number of reported cases
of acid attacks, the initial nonavailability of strict legislatures and
underreporting of the crime have led to gross underrepresentation of the acid
attack victims [1, 2].
Acids are corrosive
substances which produce highly potential burns and severely scar everything
they touch. Generally, known as Sulfuric acid, Nitric acid, and Hydrochloric
acid, all are used for cleaning, manufacturing cotton and rubber, and other
Industrial purposes.
The provision made by
selling an acid is to provide for the classification of acid based on its
intensity and level and to prohibit the sale of acid of higher level to assist
the rehabilitation of acid attack victims and prevent the uncontrollable sale
of acid, the acid should not be sold without verification of person who buying
and know the reason first, to make the regulated sale of acid an offence
punishable with six months imprisonment and fine. To provide that acid attack
victims shall be treated as person with disabilities to avail benefits under
various schemes of the governments (Central or state), sufficient punishment
necessary as IPC section 326B for 10 years in jail.
The specified amount is
given by the government law for acid attack victims as 10 Lakh in grievous hurt
and 3 Lakh for other cases. It needs to be given to compensation by the government
for victims on charge monthly basis because one’s skin is damaged the whole
life to suffer. Innovation in cosmetics surgeries shall be treated as medical
treatment in case of acid attack victims.
History
and Cases
In
1879, 16 cases of vitriol attacks were informed as the crime of passion.
On
October 17, 1915, Prince Leopold Clement of Saxe-Coburg and Gotha, the Kohary
family's heir, was attacked with acid by his wife Camilla Rybicki, who then
committed herself. The first acid assault in South Asia occurred in Bangladesh
in 1967.
In
1982, in Cambodia, the first case of acid attack was informed in 1993. In India, Sayed Shafique Ahmed from the state
of Maharashtra, The accused arrived on a motorcycle and voluntarily splashed
acid on his wife and another person [3], seriously injuring
them, on a public road in Kannard.
In
the Jharkhand case, the victim was standing with her friend on a bus when the
accused came and poured acid over her head and face. The victim was being
blackmailed by the accused, who had a photo of her, but she refused to comply
with his demands. The victim required hospitalisation due to burns to her neck,
chest, and left side of her eye. Under the IPC, a case was opened for the
offence of causing great bodily harm while attempting to commit murder. But in this
case, the culprit was sentenced to three years in prison and there was no
compensation given to the victims.
In
the case of Ramesh Dey & Mrityunjoy, from West Bengal, these two persons
used to assault the women Padma’, the reason is that the Padma rejected his
(Ramesh) proposal and tried to ignore him. Due to this, Padma suffered the
strongest acid attack and she died. Due to the fact, that this acid burns the
outer part of the skin, eyes, breast, right hand and knee. In this case, the
guilty were punished with life imprisonment and 5000 rs fined for her murder
and grievous hurt but no other compensation for the victim's family.
In
the case of Mahadev shishthu from Karnataka state, ‘similar to WB case
offenders didn’t get proper punishment for committing this ruthless crime with
a malice intention even the expenses of the victims’ medical services was not
afforded by the offenders.
In
all cases, we can see the valuable punishment ordered but the victim's family
did not get anything. Then, the case is closed. The blotchy investigation is a
process of systematic regulations. Justice can be reformative with an object to
preparatory and rehabilitation of the survivor but the suffering and pain of a
victim should be considered fully.
In
the case of Naeem Khan with Laxmi, Naeem Khan strong desire to marry Laxmi. But
due to their large age difference Laxmi, who was just 15 years old, she
rejected many times. In April 2005 when Laxmi was returning to her house her
hand were burnt by an acid attack. A criminal case registered was filed against
the appellants. The two were guilty of imprisonment for 10 years. The Delhi
high court where court directed the appellant to pay 3 lakhs as a fine which is
to be given to Laxmi as compensation under the provision of the code of
criminal procedure.
Reason
for acid attacks
Acid
attack or violence happens when a person has a strong intention of harming
the person. It is ruthless human activity which not only harms the person
but psychologically breaks done in front of society. In India, 90% cases
women are victims of acid attacks.
Other
countries are Bangladesh, Afghanistan, the UK, South African countries,
London, and Pakistan many cases registered and still on finding
guilty. 57% of female victims are
suspected in other neighbouring countries which critical scenario for the
nation.
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Role
of Judiciary
Numerous
registered acid attack cases under this clause before the Criminal Law
Amendment Act 2013, which was passed to curb acid attacks in India. Due to the
ease with which offenders can obtain bail after being found guilty under the
sections of hurt very seriously hurt, they avoid receiving harsh punishment for
their actions. The punishment became liable to give Rs 5000/-. As compensation
and they were imprisoned for 3 years. Due to the technical difficulties of law
at that time convicts did not get proper punishment. Article 21 ensures the life of dignity and the
right to live there the momentum of this article has given proper extension and
justice to the rehabilitation of the victim and his or her family.
According
to section 326 A of IPC, By hurling acid at or giving acid to that person, you
risk causing permanent deformity to burnt or disabled body parts, as well as
great harm.
Article
32, The Supreme Court of India has urged regulation of sales in India under the
Indian Constitution. In this petition framing a new law or amendment to the
existing criminal law like IPC and code of criminal procedure for dealing with
the offence like an acid attack.
On
February 11, 2011, The SC instructed all state governments to investigate the
cause of the acid attack. Additionally, it was suggested that in addition to
the criminal code of process, the government enact a separate statute
controlling criminal injury compensation.
Laws
in India
1. Section
326A of the Indian Penal Code, 1860, deals with voluntary causing permanent or
particular damage, deformity, disfigures, burns, and disables by the use of
acid. 10 years imprisonment under this section, which may be extended to
imprisonment for life and fine, which should be as per the victim’s medical
expenses [4].
2. Section
326B of the Indian Penal Code, 1860, deals with voluntarily throwing or
attempting to throw acid to cause harm. The person will be punished with a
minimum imprisonment of 5 years can be extended up to seven years and a fine [1].
3. Section
357A of the Criminal Procedure Code – deals with a general clause on compensation
scheme to the victims who have suffered any loss or injury, and the court,
after the conclusion of the trial, passes an order directing the accused to pay
compensation [4].
4. As
per section 357C of the Criminal Procedure Code, 1973, all the local, public, and
private hospitals are directed to provide free-of-cost emergency first aid to
the victims [4].
Under
section 357C – Medical Cure
All
hospitals, public or private, whether run by the Central government, the state
Government, local bodies or any other person, shall immediately, provide
first-aid medical treatments, free of cost, to the victims of any offence
covered under section 326A, 376, 376B, 376D, 376DA, 376CB or section 376E of
the Indian Penal Code, and shall immediately inform the police of the such
incident.
Scientific
safety measures and pain-relieving treatments
There
are various organizations are working 24*7 to improve the lives of acid
attack victims, there's no knowing when one might fall prey to this
devastating tragedy. This work found the collection of prevention and
control to minimize the effect of an acid attack.
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1. Turn
around before the solution is thrown by attackers, if possible
There
are few chances to move around from the acid thrown by attackers, but we can
analyze what kind of people are coming forward and what they have. Acid is a highly
flammable substance, it can store in glass mostly, and no one can walk around
without following safety measures with an acid. So, analyze it and fight
against it.
2. Dilute
the affected area with Coldwater.
Use
Clean Cold water in the affected area (below 10˚C temperature). The water
should not be contaminated or normal. Flush
the acid from the affected skin with cool, running water for at least 20
minutes. This ensures that all the acid is removed and presents further skin
damage. Make a wet, cold compress with a sterile pad if possible, or clean if
not and apply to the acid burn acid.
3. Immediate
Call for support
Try
to call for an ambulance to provide first aid care to the victim, medical
assistance is also there. A medical partition understands the knowledge that
how to determine the type of acid and the consequential treatment of its burns.
4. Disconnect
acid with other substances
The
contact reaction happens while other substances are not removed in contact with
an acid. It is mandatory to remove clothes or other things to decrease the
chance of burning. It is very important to get rid of them quickly so that
medical specialists don’t have trouble recognizing the acid type.
5. Remove
the chemical from the affected area
Don’t
let the acid stay on the skin for a long duration of time as the longer it
stays, the more it will react with the skin and the more damage it will cause.
Let the water rinse it through or use gloves to remove the chemical from the
skin as soon as possible.
The
acid may react violently with the base releasing a huge amount of heat, which
would eventually cause an even higher degree of burn.
Efficacy
of victims' Compensation schemes
An
immense problematic situation comes in this hardest phase, where people
target the women because of silly reasons in their minds. Because of this
reason, women suffer a lot of pain and mental illness throughout their
whole life. There are issues with the education system when people can
carry out an acid attack without knowing what will happen to that girl or
person due to a lack of proper guidance, awareness, and support from
societies for sustainability. First, people were unable to find solutions
and instead pushed problems onto others to solve them or create targets to
gain some reputation.
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Some
private and government NGOs in India provide acid attack survivors, with financial
assistance and psychological therapy. Some NGOs are listed here,
1. Aahwahan
Foundation in Bengaluru
2. Acid
attack saahas Foundation in Mumbai
3. Make
love not scares in Delhi.
4. Acid
survivors & women Welfare foundation in Kolkata.
5. International
Foundation of crime prevention and victim care in Chennai.
6. Chhany
Foundation in Noida.
Law of Power
The
acid attack being one of the grave offences comes under Grievous Hurt Code.
Offences affecting the human body comes under Section 299-377, in which
provision 326 A and 326B is related to acid attack.
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IPC section 326A
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IPC section 326B
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The offender is successful in hurting the victim.
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The offender attempts to throw acid, without being able to
hurt the victim.
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Punishment of 10 years of imprisonment or it may get extended
to imprisonment for life with a fine.
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Imprisonment of 5-7 years along with a fine.
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It is cognizable and non-bailable
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It is a non-compoundable offence
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Table
2: The Criminal Law (Amendment) Act, 2013
introduced many important provisions to the Indian Penal Code. Section 5 of the
Amendment Act, 2013 inserted sections 326A and 326B in IPC.
Section
114 - The Evidence Act states that the Court will presume whoever commits an acid
attack had the knowledge of its dreadful consequences and therefore he
deliberately had done it and hence he would be liable under Section 326A of
IPC.
The
Rights of Persons with Disability Act 2016, recognizes acid attack victims as
persons with specified disabilities. This allows survivors to get disability
certificates; those with 40% or more disfigurement, are entitled to
reservations in government jobs, and other benefits are free education for
their children under Chapter VI and VII of the Act. Even the private sector is
obliged to give accommodations to victims. Even after so many judgements,
implementation is unable to be seen.
Under
the Central Victim Compensation Fund (CVCF), which was set up by the Modi
government in 2014, with Rs 200 crore from the ‘Nirbhaya’ fund, the states are
required to pay a minimum amount of Rs 3 lakhs to acid attack victims. As per
the plan, CVCF supports victims of rape, acid attacks, and women killed or
injured in cross-border firing and human trafficking.
In
the case of girls less than 14 years of age, the compensation will rise by 50%.
There are other schemes in India on the acid attack as well like:
1. National
Legal Services Authority.
2. NALSA
(National Legal Services Authority) Scheme, 2016.
3. State
Legal Services Authority & District Legal Services Authority.
4. Victim
Compensation Fund.
5. Nirbhaya
Fund.
Opportunities for
victim’s:
It does not imply
that victims must endure their entire lives in misery and without hope. In
accordance with government norms and regulations, the Indian government has
already provided help to numerous organisations. The victim is eligible to
apply for numerous government positions, including engineer and doctor. Exams
or interviews may be ahead as the procedure of selection.
Survivor
LAXMI
AGRAWAL
Incident-Laxmi
Agrawal, a shy 15-year-old girl, suffered a violent acid assault in 2005
solely as a result of her rejection of a man tony Khan.
In
2005, two men attacked Laxmi, then 22 years old, with acid while she was
waiting for a bus in Delhi's upscale Khan Market. They did this because she
had refused to wed one of them, leaving her disfigured. The girl and her
parents were fortunate to get assistance from a generous donor who covered
the medical costs, which came to about Rs. 2.5 lakh. Even after four
plastic surgeries, the victim's physical appearance is still appalling, and
many more procedures would be needed to restore it to something close to
what it was. Of course, the victim will never look the same as she did
prior to the attack.
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32-year-old Laxmi Agrawal was born
in New Delhi on June 1st, 1990. She is an acid attack survivor who has
offered hope and inspiration to other victims and given them the courage to
stand up for their safety and rights. Laxmi lives a life of bravery, tenacity,
and Even though her account of the acid attack is terrifying, it
sends a powerful message to society and other victims of similar crimes to
keep fighting.
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After
Laxmi's landmark case, the Supreme Court (SC) issued a ruling prohibiting the
sale of acid in retail establishments. The SC has outright banned the counter
sale of the chemical for preventing acid attacks unless the vendor keeps a
record of the address and other information of the customer, as well as the
amount. Dealers are no longer permitted to sell the chemical unless the buyer
has a government-issued photo ID card and specifies the reason for the
transaction. Within three days of the transaction, the seller must give the
local police the specifics of the sale. Any person under the age of 18 should
not be sold acid, and all stokes must be reported to the neighbourhood sub
divisional magistrate within 15 days. Undeclared goods could result in
confiscation and a fine of up to Rs 50,000 for the defaulter. Acid attack is a
criminal offence that is both cognizable and bailable.
The
only way to avoid acid attacks is to prohibit the retail sale of acid.
"Acid violence is a retaliation-based crime. Only when the law is
effectively executed will it take effect. Additionally, those that sell acid
need to be made more aware. A legislation cannot be effective unless and until
individuals change their minds. New laws shouldn't be implemented right once;
first, people's minds need to change. India is making an effort to address the
issue of acid attacks, but until awareness is promoted among the population,
this effort would fail.
Conclusion
Sections
326A and 326B offences are cognizable, non-bailable, and subject to trial by
the Court of Sessions. And, an acid assault is a crime under the IPC, which
deals with crimes against the body. As a result, all genders are covered by the
acid attack laws under sections 326A and 326B of the IPC. Although the focus is
being paid to acid assaults, much more attention is required for this terrible
crime. As a culture, we ought to be aware of the suffering that acid attack
victims are facing. They might feel helpless, and we can't provide them
reassurance. In addition to society, the law needs to be stricter to guarantee
that each victim receives justice. Based on findings, Nanotechnology has been successful in finding strategies to
incorporate antibiotics in nanoparticles for the treatment of local wounds,
thereby avoiding the systemic exposure to the drug. This review focuses on the
most recent advances on the use of nanoparticles in wound dressing formulations
and in tissue engineering for the treatment of burn wound infections. The crime
of an acid assault is not on a small scale; it is growing every day, so the
government should take proper action that will actually assist the victim
rather than passing such a pointless law.
References
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