Acid Attack is a Crime of Vengeance: The Burning issue

 Acid Attack is a Crime of Vengeance: The Burning issue

Rahul Jarariya¹

¹Indian Police Foundation (Internship)

Abstract

Acids are corrosive substances that can burn and seriously harm anything they come into touch with. The Criminal (Amendment) Act of 2013 lessens the severe damage that an acid attack causes. The majority of documented acid attacks occur as a result of refusals to enter into personal love or to get married. The community in India has been delving into situations like Sayed Shafique Ahmed and others that have seriously injured innocent people. The appropriate conclusions represent justice for victims and compensation in situations involving crimes like acid attacks in accordance with the articles of the Indian Constitution and the law of criminal procedure. IPC Sections 326A and 326B deal with the use of acid to intentionally cause permanent or specific harm, deformity, disfigurement, burns, or disability. Under this clause, a punishment of 5 to 10 years in jail and a fine can be increased to life in prison. The victim is entitled to free medical care under Section 357. The safety precautions outlined in this article plus the subsequent actions will help reduce acid sites on skin at the moment of assault. There are few opportunities to escape the acid that attackers throw at person. As this report's summary makes clear, offences against the body are covered in IPC, which includes acid assaults. Offenses under Sections 326A and 326B are cognizable, not subject to bail, and require a court trial. Laxmi Agrawal, an acid assault victim and notable survivor in India, fought for her life. Our research also revealed how Laxmi Agrawal changed his life, overcame his challenges, and became one of India's proudest women. Future developments in nanotech cosmetics and the way burn wounds are treated surgically are both possible. The last viable alternative to cure damaged skin may be nanotechnology, but research on it is still ongoing.

Keywords: Indian Penal Code, Acid attack, Criminology, Indian constitution, Justice, Nanotechnology, Water.

                             

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.

 

 

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.

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.

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.

IPC section 326A	IPC section 326B
The offender is successful in hurting the victim.	The offender attempts to throw acid, without being able to hurt the victim.
Punishment of 10 years of imprisonment or it may get extended to imprisonment for life with a fine.	Imprisonment of 5-7 years along with a fine.
It is cognizable and non-bailable	It is a non-compoundable offence

 

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.

2

Survivor

IPF

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.

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.

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. 

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