Need of The Hour

Journal of Innovative Research and Solution (JIRAS)- A unit of UIIRS
Print- ISSN: 2320 1932 / Online ISSN – 2348 3636

Volume1 – Issue No.1 – Jan – Jun 2014
JJL-004-2014
ACID ATTACK -VIOLENCE AGAINST
WOMEN
‘NEED OF THE HOUR’
Dr. Ambika R Nair,
Assistant Professor in Law,Dr. Ambedkar Govt. Law College,Puducherry-14
Email.Id : ambikarnair.sundar@gmail.com
Abstract: Over the last decade India is witnessing an alarming growth of acid attack
especially on women. Acid attack is a heinous crime committed against any woman, with an
intention to disfigure or kill her. This can also be called as the gender based violence against
women. Recent study reveals that 78% of the reported acid attack case is for refusal to
marriage or a rejection of romance. “Acid attack on young women” is some of the headlines
that are appearing in the daily newspaper. Acid attack on women is increasing day by day.
The recent episode of acid attack victim vinodhini and vidhya of Tamilnadu also stands on
the list. These attacks can be attributed to various contributing factors such as the social
weakness of women in a male-dominated society; lack of support, the general neglect of the
lawmakers on this particular field etc. The easy availability of acid in an inexpensive manner
makes the perpetrators to use this as an ideal weapon against the women. This offence being
bail able in certain situations, the punishment does not act as a sufficient threat on the
offenders in most cases. Our legal and medical systems have also proved very weak while
dealing with such cases; there is no proper legislation and the medical facilities provided are
also not proper. This paper describes the horrendous effects that acid attacks have on the
victims physically, psychologically and socially. It also examines the contemporary laws
governing acid attacks on victims and offenders. Ideas for a better legal approach will also
be examined with special reference to acid attacks as a crime, and the validity of specific
legal provisions for female victims.
Keywords: Acid attack, acid, female victim
Introduction women with the intent to disfigure her.
Women constitute half the population in Study found that 78% of report of acid
the society and it is presumed that best attack is for refusal to marriage or
creation belong to the women. It is harsh rejection of romance The contributing
reality that women have been ill treated in factors are various for these attacks.
every society for ages and India is no Among the main are the social weakness
exception. Violence against women is of women in the society and the existence
largely unreported. Fear and stigma often of a male dominated society. Moreover,
prevent women from reporting incidents of the easy availability of acid in an
violence or seeking assistance. Violence inexpensive manner makes the
against women can fit into several broad perpetrators to use this as an ideal weapon
categories. Among them one of the most against the women. This offence being
heinous crimes committed against women bailable in certain situations, the
is acid attack. Over the last decade India is punishment does not act as a sufficient
witnessing an alarming growth of acid threat on the offenders in most cases. Our
attack especially on women. Acid attack is legal and medical systems have also
a gender based violence committed on proved very weak while dealing with such
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cases; there is no proper legislation and the acts or omission which in general can
medical facilities provided are also not affect the right in rem and violators have
proper. All these make the offence of acid always been punished with strict sanctions
attack against women a most controversial but in acid attack cases it is a awfully
one. According to a 2011 study pathetic situation that the perpetrators get
conducted by the Avon Global Center for least punishment or sometimes he may try
Women and Justice at Cornell Law to escape from the clutches of law without
School, the Committee on International getting any punishment. And added to
Human Rights of the New York City Bar these victims are not given adequate
Association, the Cornell Law School compensation to meet with their medical
International Human Rights Clinic, and the expenses and there is no proper
Virtue Foundation found that Acid attacks mechanism to monitor to regulate the sale
occur throughout the world, including in of acid in the market. This highlights the
the United States. However, Bangladesh, lacuna in our criminal justice system. The
Cambodia, and India have some of the rapid growing nature of incidents of acid
highest recorded incidence of acid attacks in India and insufficient law to deal
violence. According to Acid Survivors with victims and perpetrators, there is an
Foundation (ASF) Bangladesh, there have urgent need of study on this aspect[1-7]
been 3,000 reported acid attack victims in Objectives of the Study
the country since 1999. A search of Indian Acid attack victims are not
newspapers found 153 reported cases of adequately compensated for the pain and
acid violence from January 2002 to injury sustained by them. Existing
October 2010. According to data gathered provisions with regard to compensation for
by the Cambodian Acid Survivors Charity acid victim is not sufficient. The main
on people treated in hospitals for acid objective of the study is to understand the
attacks, there have been 271 acid violence concept of acid attack, to look into the
victims between 1985 and June 2010 in causes and effect of acid attack. The main
Cambodia. Governments in these countries weapon for the crime of acid attack is the
do not keep official statistics of acid acid so here it is intended to see about the
attacks, and there are likely many more nature effect and kinds of acid used by the
attacks than these figures reveal.In India acid perpetrator. The study also intended
there is no reliable statistics on acid attacks to see the legislative frame work for acid
since a large number of cases go attack and how far it is supporting the
unreported, even national crime record victims. Finally to see the judicial response
bureau (NCRB) doesn‟t carry any statistics on acid attack and the regulations imposed
on acid attack, this lack of data shows that on production and sale of acid on Indian
how casually the country treats the market. For the purpose of the study the
phenomenon. Some NGO‟S organization researcher has adopted doctrinal method
such as acid survivor foundations, that is perusal of books, articles, journal,
Bangalore-based Campaign and Struggle Law commission reports, Mali math
against Acid Attacks on Women committee report, Verma committee
(CSAAAW) and Kolkata-based Acid report, statutes and legislation.
Survivors Foundation India (ASFI) has Acid throwing is an extremely
initiated work for the collection of violent crime by which the perpetrator of
statistics. As everyone know that criminal the crime seeks to inflict severe physical
justice system has always discourage the and mental suffering on his victim.
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Perpetrators of the crime act cruelly and Acid attack is not committed
deliberately. Acid violence is a against women alone it is committed even
premeditated act of violence as the on men, women, children, and adult.
perpetrator of the crime carries out the However, mostly it is committed against
attack by first obtaining the acid, carrying women, Acid attack has a gender
it on him and then stalking the victim dimension in India, with majority of the
before executing the act. India witnesses victims being women.. Perpetrators throw
the maximum number of horrific acid acid into their victims' faces in an effort to
attacks on women. Mostly male severely disfigure them, the reason for
perpetrators disfigure women as a form of committing acid attack is for vary many
revenge with deliberate intention. During reason. The following are some of the
that time victim suffers unbearable pain, reported reason for the acid attack.
after that incidence also the victims die a Revenge for any past incidence occurs
hundred deaths due to her horrific between victim and offender, the refusal of
physical appearance. an offer of marriage proposal, the refusing
Meaning and definition of an acid to have a sex or relationship, failure of a
attack: girl to bring a dowry to her husband,
Unicef definition of an acid attack business disputes, domestic fights,
The research conducted by disputes over property, for committing
UNICEF reveals, “Acid attack is a serious Robbery, hate or jealous, extra affair,
problem all over the world, even children political rivalries, rarely it is accidental,
are become victim of acid attack in many that is presence of victim at the scene
cases. In an Acid attack, acid is thrown at Acid as a Weapon and Its Effects
the face or body of the victim with The biggest reason for the high
deliberate intent to burn and disfigure. frequency rate of acid attacks in India is
Most of the victims are girls, many below that concentrated acid is cheap and easily
the age of 18, who have rejected sexual available in the market, for as low as Rs.
advances or marriage proposals „Acid 16-25 per liter. Due to cheapness, it is
attack‟ or vitriolage is defined as the act of easily available in all places. Acids and
throwing acid onto the body of a person bases are chemical compounds that have
“with the intention of injuring or distinctive properties in water solution,
disfiguring [them] out of jealousy or this acids and bases have different
revenge”. characteristics of taste and this taste are
Aim of most acid attacks is not to based on the concentration of those
kill, but to disfigure and debilitate, chemicals. Both the acids and bases have a
something more brutal than murder. In characteristic of corroding the metals and
such cases, the perpetrator wants the victim other articles. The acids do not need any
to live and suffer physically and source of heat for causing any damage to
emotionally for the rest of their life. These the living tissue. Most of the acids have
attacks are used as a weapon to silence the tendency to absorb water from the skin
and control the victim by destroying and react with it. During this reaction heat
what is constructed as the primary is released outside. This type of reaction is
constituent of their identity, i.e., their called exothermic reaction. This heat will
body. in turn damage the cells instantaneously.
Factors Leading to Acid Attack Organic matter as well as
living cell contains more amount of water
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with which the acid can react and in this the duration of contact with the skin.
process the cells are killed. Acids are Burning continues until the acid is
corrosive substances that will cause visible thoroughly washed off with water. Thrown
necrosis (death) of human skin tissue and on a person‟s face, acid rapidly eats into
will even corrode a metal in higher eyes, ears, nose and mouth. Eyelids and
concentration. They can cause serious lips may burn off completely. The nose
poisoning; burning and serious injury can may melt, closing the nostrils, and ears
result from exposure to strong acids. shrivel up. Acid can quickly destroy the
Commonly available acids include eyes, blinding the victim. Skin and bone on
Sulphuric acid, Hydrochloric acid, the skull, forehead, cheeks and chin may
Hydrofluoric acid, Phosphoric acid etc. dissolve. When the acid splashes or drips
The effects of acid on the skin may include over the neck, chest, back, arms or legs, it
redness, and burns. In severe cases, it burns everywhere it touches. The biggest
could lead to shock and death. Some other immediate danger for victims is breathing
effects include permanent hair loss or failure. Inhalation of acid vapors can
scaring. If inhaled in large quantity it create breathing problems in two ways:
can also lead to pulmonary disorders. i.e. by causing a poisonous reaction in
Consequences of Acid Attack the lungs or by swelling the neck, which
Acid attack victim faces long-term constricts the airway and strangles the
consequences, after the attack there, life victim. When the burns from an acid attack
style itself will changes fully in one day, heal, they form thick scars which pull the
even their loved one‟s also started ignoring skin very tight and can cause
the acid attack victims. Due to their disfigurements. For instance, eyelids
horrific physical appearances, the society may no longer close, the mouth may no
also looks at the acid attack victims as an longer open; and the chin becomes welded
alien. Acid attack victims itself feel to the chest. The victim may require many
worthless and embarrassed to come out operations over a period of two to three
from their houses due to their drastic years.
changes in their appearance, their Social and Economic Consequences
remaining life will be ruined after that Victims face a lifetime of
incidences. After that attack there are not discrimination from society and they
able to work due to their deformities, they become lonely. They are embarrassed
are not get job it is difficult for them to that people may stare or laugh at them
survive in society .Damage caused by acid and may hesitate to leave their homes
attacks was irreparable and it affect the fearing an adverse reaction from the
victim woman both physically and outside world. Victims who are not
psychologically. Added to this victim also married are not likely to get married and
economically suffered by acid attack[8- those victims who have got serious
11]. disabilities because of an attack, like
Physical Consequences blindness, will not find jobs and earn a
Acid eats through two layers of living. Discrimination from other
the skin, i.e. the fat and muscle people, or disabilities such as blindness,
underneath, and sometimes not only eats makes it very difficult for victims to
through to the bone but it may even fend for themselves and they become
dissolve the bone. The deepness of injury dependent on others for food and money.
depends on the strength of the acid and
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The consequences of an acid Section 322. Voluntarily causing grievous

attack handicap the victim in almost every hurt.- Whoever voluntarily causes hurt, if
possible way. An attack of this nature not the hurt which the intends to cause or
only leaves the victim grotesquely knows himself to be likely to cause is
disfigured but also traumatized for the rest grievous hurt, and if the hurt which he
of her life. It becomes extremely difficult causes is grievous hurt, is said to
to cope with life after an acid attack. The “voluntarily to cause grievous hurt.
victim loses her identity and becomes Explanation. - A person is not said
socially isolated. Medical treatment is voluntarily to cause grievous hurt except
expensive and time consuming. Therefore, when he both causes grievous hurt and
the victim may be forced to give up intends or knows himself to be likely to
education, job or other activities in life .If cause grievous hurt. But he is said
married deserted by her own family voluntarily to cause grievous hurt, if
members including her own lovable kids. intending or knowing he to be likely to
If unmarried, the victim may even find it cause grievous hurt of one kind; he
difficult to get a suitable groom. actually causes grievous hurt of another
[12-15]. kind.
Legal Perspectives of Acid Attack in Section 325. Punishment for voluntarily
India causing grievous hurt.- Whoever, except
Unfortunately in India, there is no in the case provided for by section
separate legislation to deal with acid 335(Voluntarily causing grievous hurt on
attacks. The offence is registered under provocation), voluntarily causes grievous
Sections 320, 322, 325, 326 and 307 of hurt, shall be punished with imprisonment
the Indian Penal Code (I.P.C) of either description for a term which may
Section 320. Grievous hurt. - The extend to seven years, and shall also be
following kinds of hurt only are liable to fine.
designated as "grievous":- Section 326: Voluntarily causing grievous
Firstly- Emasculation hurt by dangerous weapons or means:
Secondly. - Permanent privation of the Whoever, except in the case provided for
sight of either eye. by section 335, voluntarily causes
Thirdly. - Permanent privation of the grievous hurt by means of any
hearing of either ear, instrument for shooting, stabbing or
Fourthly. - Privation of any member or cutting , or any instrument which , used
joint. as a weapon of offence , is likely to
Fifthly.- Destruction or permanent cause death, or by means of fire or any
impairing of the powers of any member or heated substance, or by means of any
joint. poison or any corrosive substance, or by
Sixthly-Permanent disfiguration of head or means of any explosive substance, or by
face. means of any substance which it is
Seventhly- Fracture or dislocation of a deleterious to the human body to inhale ,
bone or tooth to swallow, or to receive into the blood,
Eighthly. - or by means of any animal, shall be
Any hurt which endangers life or which punished with imprisonment for life or
causes the sufferer to be during the space with imprisonment of either description
of twenty days in severe bodily pain, or for a term which may extend to ten years,
unable to follow his ordinary pursuits. and shall also be liable to fine.
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Section 307 Attempt to Murder I.P.C and means rea is extremely difficult
Whoever does any act with such to prove.
intention or knowledge, and under such The compensation to victims of acid
circumstances that, if he by that act caused attacks is of vital importance as huge
death, he would be guilty of murder, shall medical costs are often involved. The
be punished with imprisonment of either victims of acid attack need both short
description for a term which may extend to term as well as long term specialized
ten years, and shall also be liable to fine; medical treatments and plastic surgeries.
and if hurt is caused to any person by such The provisions in the Indian law for
act, the offender shall be liable either to giving compensation to the victims are
[imprisonment for life], or to such insufficient. In this regard S e c t i o n 3 5 7 -
punishment as is hereinbefore mentioned. A victim compensation scheme
Sections 320, 322, 325, 326 and Section inserted by the CrPC(Amendment
307 Attempt to Murder of the is Act, 2008) stands not effectively
insufficient/ inadequate to deal with the implemented
phenomenon of Acid attacks. Reason The police often use their discretion to
being: decide what sections should be registered
The definition of grievous hurt has been in the case of acid attacks and this
criticized as the definition does not take discretion is at times influenced by gender
within its purview the various kinds bias and corruption or is a wrong
of deliberate hurt that is inflicted on assessment.
important parts of a female‟s body nor The victims suffer a great deal due to
does this definition apply to offences like a slow judicial process, inadequate
acid attack in which multiple types of compensation and obviously from the after
grievous hurts occur. affect of the acid attack itself.
The definition of grievous hurt is not No law to regulate acid sales except for the
broad enough to cover the various kinds Manufacture, Storage and Import of
of injuries which are inflicted during acid Hazardous Chemicals Rules, 1989
attacks. (amended in 2000) and this only applies to
T he section does not cover the act of industrial situations.
administering acid. Furthermore there are no regular
The section gives a wide discretion to the inspections and stock checking for acid
courts as far as punishment is concerned. sales as there are for explosives.
The cases on acid attacks in India show
that normally inadequate punishment is Landmark judgment
awarded in these cases. The landmark judgment of the
The section in the I.P.C does not punish Honorable High Court of Karnataka in
the intentional act of throwing of acid if Jalahalli Police Station vs. Joseph
no injuries occur. Rodrigues case, wherein the accused was
The section also does not specify who the convicted under Section 307 of the IPC
fine should be awarded to. and sentenced to imprisonment for life. A
In some cases Section 307 of the compensation of Rs. 2, 00,000, in addition
I.P.C(Attempt to Murder) has been to the trial court fine of Rs. 3, 00,000, was
applied, even this is not enough as courts to be paid by the accused to the victim‟s
tend to grant bail easily in cases of Sec.307 parents. The acid attack deeply scarred the
victim‟s physical appearance, changed the
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colour and appearance of her face and left son received 11 per cent burns. The
her blind. Was to be paid by the accused to additional sessions Judge awarded
Hasina‟s parents. This was a landmark imprisonment for life and a fine for Rs.
case as it was the first time that a 5,000 under Section 302 and 34 of the
compensation which was quite a large sum IPC. The appellants were also convicted
was given to the victim to meet the under S. 324/34 IPC and sentenced to R.I.
medical expenses including that of plastic for one year and to pay a fine of Rs. 1,000
surgeries. However, no compensation each in default to suffer S.I. for two
was awarded for the after effects of the months. Both sentences were to run
attack such as loss of income etc. concurrently. However, the High Court on
However, in many cases throughout India, appeal set aside the conviction and
punishment often did not take into account sentence against the other two accused
the deliberate and gruesome nature of the stating that there was no evidence to show
attack but only rested on technicalities of they had a common intention and their
injuries. presence with the accused on the scene of
In Balu v State Represented the crime was not enough.
Inspector of Police, before the Madras In Revinder Singh v State of Haryana,
High Court, a person suspected that his before the Hon‟ble Supreme Court in
wife had developed an illicit relationship 1975, acid was poured on a woman by her
with one of his acquaintances. In a fit of husband for refusing to grant him a
anger he threw acid on her resulting in divorce. The husband was involved in an
severe burns and death of the victim. The extra-marital affair. Due to the attack, the
husband was convicted under Section 302 victim suffered multiple acid burns on her
of the IPC and 313 of the IPC (causing face and other parts of her body leading to
miscarriage of a woman without her her death. The accused was charged and
consent) with life imprisonment and a fine convicted under Section 302 of the IPC.
of Rs. 2,000. The fine was thus again a However, life imprisonment was not
meager amount. imposed even though the victim had died.
In Ramesh Dey and Others v In Devanand v The State a man
State of West Bengal before the Calcutta threw acid on his estranged wife because
High Court, the accused had made a she refused to cohabit with him. The wife
previous abortive attempt to throw acid on suffered permanent disfigurement and loss
the victim, succeeding on the second of one eye. The accused was convicted
attempt. The motive for the crime was under Section 307 and was imprisoned for
revenge, as the victim had rebuffed the seven years. Ramesh dey and ors. Vs.
overtures of the main accused Ramesh. State of west bengal, in a case before the
The accused along with two others went to Calcutta High Court the accused had made
the victim‟s house and threw a bottle of a previous abortive attempt to throw acid
acid on the victim outside her house where on the victim and succeeded on a second
she, her mother, her aunt and her little son attempt. The motive for the crime was
were sitting. The victim, her mother, her revenge as the victim had rebuffed the
aunt and her son sustained injuries. The overtures of the main accused Ramesh.
victim, Padma, died due to extensive acid The accused along with two others went to
burns on the neck, chest, right alna, the victim‟s house and threw a bottle of
breasts, legs, knees and scalp. Her aunt acid on the victim outside her house where
received 25 per cent burns and her aunt‟s she, her mother, her aunt and her little son
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were sitting. The victim, her mother, her attacks, etc., and should provide for their
aunt and her son sustained injury. The medical and other expenses relating to
victim Padma died due to extensive acid rehabilitation, loss of earnings, etc. Any
burns on the neck, chest, right alna, compensation already received by the
breasts, legs, knees and scalp. Her aunt victim can be taken into account while
received 25% burns and her aunt‟s son computing compensation under this Act.
received 11% burns. The additional But the proposal still stands still.
sessions Judge awarded imprisonment for The Law Commission, headed by
life and a fine for Rs. 5000 under Section Justice A.R. Lakshmanan, proposed that a
302 and 34 of the IPC. The appellants new section 326A be added to the IPC.
were also convicted under S. 324/34 IPC The proposed Section 326A will read as
and sentenced to R.I. for one year and to follows:
pay a fine of Rs. 1,000/- each in default to Section326A. (i) Hurt by acid attack-
suffer S.I. for two months. Both sentences Whoever burns or maims or disfigures or
were to run concurrently. The High Court disables any part or parts of the body of a
on appeal however, set aside the person or causes grievous hurt by throwing
conviction and sentence against the other acid on or administering acid to that
two accused by stating that there was no person, with the intention of causing or
evidence to show they had a common with the knowledge that he is likely to
intention and their presence with the cause such injury or hurt, shall be
accused on the scene of the crime was not punishable with imprisonment of either
enough. description which shall not be less than 10
In some of the positive cases the years but which may extend to life and
accused have been charged with murder, with fine which may extend to rupees ten
as the intention of the attacker has been Lakhs provided that any fine levied under
construed as an intention to kill the victim. this section shall be given to the person on
Even in these positive cases however the whom acid has been thrown or
amount of fine which has been levied has administered.
often been an insignificant amount. The Classification of offence: Minimum
victim has also often not been given this Imprisonment of 10 years extendable up to
fine by the court. Many cases in which imprisonment for life and fine. It should be
death doesn‟t occur get registered under made a cognizable, non-bailable, non-
the sections related to hurt and grievous compoundable offence and triable by
hurt and not attempt to murder as no Court of Session.
intention of killing or knowledge that the 326B. (ii) Intentionally throwing or
offence is likely to cause death is administering acid- Whoever throws acid
attributed to the accused. on, or administers acid to, any person with
Law Commission Report the intention of causing burns or maiming
It is apt to recall here that the Law or disfiguring or disabling or causing
Commission also proposed a law known as grievous hurt to that person shall be liable
„Criminal Injuries Compensation Act‟ to to imprisonment of either description for a
be enacted as a separate law by the term not less than five years but which
government. This law intends to provide may extend to 10 years and with fine
both interim and final monetary which may extend to Rs. 5 Lakh.
compensation to victims of certain acts of Classification of offence: Minimum
violence like rape, sexual assault, acid Imprisonment of five years extendable up
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to 10 years and fine. It should be made a Insertion of section 326 A in IPC, it deals
cognizable, non-bailable, non- with voluntarily causing of grievous hurt
compoundable offence and triable by through use of acid etc.
Court of Session. Insertion of section 326B in IPC, it deals
The Law Commission also with voluntarily throwing or attempting to
proposed that in cases of acid attack a throw acid etc.
presumption be incorporated in the Indian Insertion of section 357 (4) in CR.P.C, it
Evidence Act as Section 114B. deal with in a case punishable under
The proposed Section 114B of the Indian Section 326B, the Court shall when
Evidence Act shall read as under. passing judgment order the convicted
Section 114 B: Presumption as to acid person to pay by way of compensation an
attack- If a person has thrown acid on, or amount adequate to meet at least the
administered acid to, another person the medical expenses incurred by the victim.
court shall presume that such an act has Criminal Law (Amendment) Act 2013
been done with the intention of causing, or The Criminal Law
with the knowledge that such an act is (Amendment) Bill, 2013 was passed by
likely to cause such hurt or injury as is the Lok Sabha on 19 March 2013, and by
mentioned in Section 326 A of the Indian the Rajya Sabha on 21 March 2013, which
Penal Code. provides for amendment of Indian Penal
The Law Commission also proposed Code, Indian Evidence Act, and Code of
that a law known as „Criminal Injuries Criminal Procedure, 1973 on laws related
Compensation Act‟ be enacted as a to sexual offences and other offences. The
separate law by the government. This law Bill received Presidential assent on 2 April
should provide both interim and final 2013 and deemed to come into force from
monetary compensation to victims of 3 February 2013. It was originally
certain acts of violence like rape, sexual an Ordinance promulgated by
assault, acid attacks, etc., and should the President of India, Pranab Mukherjee,
provide for their medical and other on 3 February 2013, in light of the protests
expenses relating to rehabilitation, loss of in the 2012 Delhi gang rape case.
earnings, etc. Any compensation already Conclusion and Suggestion
received by the victim can be taken into Acid attack is possibly one of the most
account while computing compensation heinous crimes which a human being can
under this Act. commit. It takes an elaborate degree of
Verma Committee ReportJ.S.Verma sadism and depravity to indulge in
committee discussed about several crime something as cruel and inhuman. The
which are prevailing in India. Most criminal justice system needs to be stricter
importantly, J.S Verma committee focuses in its handling of acid attack cases. The
on acid attack which is committed against Union Government has come out with a
women. There are some of the proposal of providing free treatment to the
recommendations made by Verma victims and launching an Insurance
committee with regard to acid attack. scheme that would cover reconstruction
Insertion of section 166A in IPC, it deal surgery and proposal towards control sale
with Public Servant knowingly disobeying of acid above 20% concentration. Recently
direction of law in 2012 while confirming the sentence of
10 years rigorous imprisonment on the
accused, the Madras High Court had
115
directed the Government to provide 3. Providing the victim(s) purposeful

G.Valentina M.Phill Degree holder in access to the courts and correctional
Microbiology an acid victim employment processes, which allows them to assist in
as Junior Assistant on Compassionate shaping the wrongdoers‟ obligations; and
grounds. 4. Encouraging the community to become
The Government of India is taking directly involved in supporting victims,
some positive proposal on the acid attack holding wrong doers accountable, and
victims which are a welcome sign which providing opportunities for wrongdoers to
would add upon the objectives of the reintegrate into the community.
Criminal Justice System. The Restorative justice seeks to redefine crime,
compensatory Jurisprudence should also interpreting it not so much as breaking the
include within its preview the accidental law, or offending against the state, but as
victims of acid attack. The distribution and an injury or wrong done to another person
sale of acid should be banned except for or persons. It encourages the victim and
commercial and scientific purposes. Acid the offender to be directly involved in
should be made a scheduled banned resolving any conflict through dialogue
chemical which should not be available and negotiation. Alternative Dispute
over the counter. The particulars of Resolution (ADR) as technique helps the
purchasers of acid should be recorded. The restorative justice to achieve its objectives.
acid offences prevention act 2002 of The ADR refers to any ways and means of
Bangladesh need to be examined in India resolving conflicts and disputes outside of
either as a special Act or special provisions the courtroom. ADR includes arbitration,
to be incorporated in the Penal code. The mediation, early neutral evaluation, and
concept of Restorative Justice should be conciliation. By applying the Alternative
effectively implemented in the justice Dispute Resolution and similar techniques,
system. The idea of restorative justice is many crippling problems of the justice
emerging as answer to these issues. Justice process have been overcome. If
has to necessarily move from retributive implemented systematically, the
and deterrent to Restorative. “Restorative restorative model of justice in India can
justice is fundamentally concerned with offer highly imperative results. In case of
restoring relationships, with establishing or acid attacks Restorative justice would at
re-establishing social equality in the maximum solve the emotional
relationships.” At a more concrete level, problems between the victim and the
restorative justice “involves the victim, the accused for the reason that the victim
offender, and the community in a search stands as a real person before the accused.
for solutions which promote repair, Psychiatry treatment has to be introduced
reconciliation, and reassurance.” for the victim, accused and the victim‟s
The basic principles of restorative family members. Acid attack victims after
justice are:- long struggle loss hope and end up their
1. Holding the wrongdoer directly life by committing suicide. They consider
accountable for the individual victim and their face as a prison. They need
the specific community affected by the Psychiatry treatment. For the reformation
wrong act; of the convict Psychiatry treatment is
2. Requiring the wrongdoer to take direct needed in any prison. General public
responsibility for making "things whole awareness regarding the problems of acid
again" to the degree that this is possible; attack victims stands necessary. Thus,
116
there is an urgent need to legislate distinct 14. http://www.trust.org/trustlaw/news/tru

sections in the I.P.C to deal with acid stlaw-poll-afghanistan-is-most-
attacks and to setup a Criminal Injuries dangerous-country-for-women
Compensation Board in India to deal with 15.http://www.unicef.org/india/United_Na
such cases in an effective and efficient tions_Secretary.doc.
manner, to help the victims of acid attack
to get compensation for medical
expenses and rehabilitation.
References:
1. Indian penal code, 1860
2. Criminal procedure code 1973, India.
3. Criminal law (Amendment) Ordinance
Bill 2013,India
4. Criminal law (Amendment ) Act 2013,
India
5. Sulton Raul, Rockett Bernard, &
Swindells Peter, “Chemistry for life
Sciences”, 2nd edition, CRS Press,
New York. 2009.
6. Fur A. Keith , “CRS Handbook of
Laboratory safety”, 5th edition, CRS
Press, Taylor & Francis Group,
Newyork 2000.
7. Morris Hein I Susan Arena,
“Introduction To Chemistry”, 13th
edition, International student version,
John Wiley & sons Inc. publishers,
2011.
8. Margarate Ann Armour , “Hazardous
laboratory chemical disposal guide”
3rd edition, Lewis publication,2003
9. Lin J Samuel, M.D & John B. Hijjawi
,M.D., “Plastic and Reconstructive
Surgery, Board Review”, printed by
Mc Graw-Hill Companies, 2006.
10. Ratanlal and Dhirhaj, “Indian penal
code”, 32nd edition, 2012
11. M.P Tandon and Justice Rajesh
Tandon, “criminal procedure code”,
17th edition, 2012
12. http://www.acidviolence.org/uploads/fi
les/Virtue_Foundation_Combating-
Acid-Violence-Report-2011.pdf
13. http://ncrb.nic.in/CD-
CII2011/Statistics2011.pdf
117

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Journal of Innovative Research and Solution (JIRAS)- A unit of UIIRS

Print- ISSN: 2320 1932 / Online ISSN – 2348 3636

The consequences of an acid Section 322. Voluntarily causing grievous

directed the Government to provide 3. Providing the victim(s) purposeful

there is an urgent need to legislate distinct 14. http://www.trust.org/trustlaw/news/tru

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