Acid Attacks and is its Punishment Enough in India?

INTRODUCTION

Whenever we hear about the crime of ‘Acid Attacks’; in itself it seems inhumane, heinous, and mindless act but the crime is a lot more grievous than it sounds. In this article, we will try to study in-depth about the crime, reasons, effects and other harmful consequences brought forth with its corrosive nature. This study will bring out contemplation on the laws made to eradicate this crime from Indian society specifically and how much they are successful in relieving our society from its burning effects.

TERMINOLOGY

Acid Attack is technically known as Vitriolage which means the deliberate splashing of acid (also known as Vitriol) on a person or object, to deface or kill. The most common types of acid used in these attacks are Sulfuric acid and Nitric acid. Hydraulic acid is sometimes used, but is much less damaging. Aqueous solutions of strongly alkaline materials, such as Caustic soda (Sodium Hydroxide) are used as well, particularly in areas where strong acids are controlled substances. A person who engages in such an act is known as ‘La Vitrioleuse’(the acid thrower).

It is a French word that got famous after the monographic painting titled ‘Vitrioleuse’ by French artist Eugene Samuel Grasset which depicts a cruel, violent lady, as according to writer Henri Bouchet, seems as agitated as the acid sloshing in her green hand. In Grasset’s day, scorned women would attempt to disfigure their rivals with Sulfuric acid. This ridicule in the painting of 1894 representing contemptuous act unfortunately not only illustrated the history but the crime which is carried on till today in the same way or even worse.

HISTORY OF ACID ATTACKS

In the 18^th century, Sulfuric Acid, more commonly known historically as “Vitriol”, was first manufactured on an industrial scale, mostly for metallurgy in England. People began using it for violent purposes in Western Europe and the United States once it became easily obtainable as it was sold as bleach and a cleaning agent. By the 1830s, a Glasgow periodical editorialized, “The crime of throwing Vitriol has, we grieve to say, become so common in this part of the country, common as to become almost a stain on the national character.” In addition to being favored as a weapon in labor clashes, Sulfuric Acid was a common weapon in domestic disputes.

For instance, in 1865, The New York Times reported that a jealous husband was arrested for disfiguring his wife with acid after threatening to “spoil her figure.”[1] In the late 19^th and early 20^th century, the trend of acid throwing changed, earlier where it was used by men, now the cases of women throwing acids started coming up. Women threw acid on the men who impregnated them outside of marriage, on former lovers who spurned them, or on their husbands’ mistresses. This is when the term “La Vitrioleuse” was coined in France after a “wave of Vitriolage” occurred according to the popular press where, in 1879, 16 cases of Vitriol attacks were widely reported as “Crimes of Passion” perpetrated predominantly by women against other women.

With better regulation of acid and women’s increased economic autonomy, acid fell out of favor as a weapon of domestic assault in the USA and Western Europe by the mid 20^th century. But throwing of acid gained prevalence in developing countries, specifically those in South Asia, in the late 20^th and early 21^st centuries. The first recorded acid attacks in South Asia occurred in Bangladesh in 1967, India in 1982, and Cambodia in 1993. Due to increased reporting new laws and regulations are being made in these nations for the sale and usage of acid. But still, the number is increasing except in some countries where stringent laws are being introduced, for example, Bangladesh which was at the top of the list earlier, but now because of new laws, it is coming down in the ranking of acid attacks.  

GENDER- PLAYING VITAL ROLE IN ACID ATTACKS

Acid attacks can be motivated by any dispute. It may be committed due to religious conflicts, property issues, land disputes, inheritance, racial motivations, gang violence and rivalry, etc. sexual related jealousy and lust, revenge for refusal of sexual advances, proposals of marriage and demands of dowry are among the most common motivations which have been reported in many countries. The common presumption about the crime of Acid Attack is that, it is generally committed against females by the male perpetrators. But the gender of the victim varies according to the various factors like, region, socio-economic situation, societal mind frame, literacy rate, etc.

In the UK, the majority of victims are men, and many of these attacks are related to gang violence. In Jamaica, women throwing acid on other women in relation to fights over male partners is a common cause.[2] Whereas in Bangladesh, which has remained at the top in the list of Acid attack cases, throwing acid has been labeled as “gender crime”, as there is a dominance of female victims who are assaulted by males. In India, like Bangladesh, crime has a gendered aspect to it. Analysis of news reports revealed that 72% of reported attacks included at least one female victim.

Women are most often attacked by men they have rejected and are now seeking vengeance. With men, it tends to be jealousy or rivalry. The reasons are very different. But the trauma and the pain suffered by both genders are the same. Regardless, of the gender of the victim, the perpetrators are always men unlike the 20^th-century French trend where perpetrators were mostly females.

Although the pain and trauma are the same for both male and female victims. But the reasons and consequences associated with female victims are in most cases harsher, because of the patriarchal mindset and the way the society looks at female victims after the attack. It has been seen in many cases, where male victims had no difficulty in getting married after they were attacked, while the marriage prospects of female victims are greatly affected, while the marriage prospects of female victims are greatly affected because they are mostly assumed to be suitable for marriage based on their looks in our so-called developed society. Moreover, the female with less marriage prospects and disfigured face I left with no social support and society bereft her.

Another reason why this crime is mostly viewed as female crime is that the motivations behind hurting a female are mostly based on misogynistic notions. Throwing acid against females is not viewed as a crime against a person but against women’s rights which are already in a vulnerable condition. Acid attacks against females become part of pre-existing atrocities against her like domestic violence, dowry, sexual assaults, rape, etc.

It is true that female rights are one of the most important issues in contemporary times but acid attacks against males cannot be ignored completely. The news coverage is mostly covering the female victims, as said because of the above-mentioned reasons but acid attack cases against males in India are rapidly increasing from 15-30%. According to Alok Dixit, a journalist who set up the campaign, Stop Acid Attacks in March 2013, 386 people were attacked with acid in India, Between January 1, 2013, to December 2014. Of these, 133 are men, he says.

The case of Chandrahass Mishra who was attacked by his landlord’s son in Meerut in July 2011 after he objected to lewd comments that men were passing to women, another case where Nagim Husain was attacked by a business rival in Jan 2014 in Bareilly District suffered the worst injuries with 30% burns. These are some of the cases which have been reported, but there are several other cases that remain unreported, also based on the patriarchal notion that men are stronger and do not need any legal support.

Thus, we can say that acid attack has no gender, yes, it affects the social and domestic life of a female in a more serious way and cases of female count are higher than those of male cases. But the psychological, physical, and to some extent social trauma is faced equally by both the genders.

MAIN REASONS FOR ACID ATTACKS

Acid Attacks are often referred to as a ‘crime of passion’, fuelled by jealousy and revenge. In most cases, the motive of the perpetrators is clear and that is not to kill the person but to disfigure or destroy the victim’s life. There are several factors ad reasons which contribute to the committing of this heinous crime. There are discussed hereunder:

• Refusal of marriage proposals- one study showed that refusal of marriage proposals accounted for 55% of acid attacks against females. This mostly takes place because of the mentality that ‘if you cannot be mine, you cannot be anyone else’s.’
• Domestic Violence- 18% of cases of acid attacks that are reported are initiated by the husband or by the member of the family.
• Property disputes- property disputes have a very lower level of contribution to acid attack cases i.e. 11% but in a society like India and mostly in rural areas property is a big issue and commonly disputed and sometimes even remains unreported.
• Refusal of sexual or romantic advances- only 2% of the attacks occur due to the refusal of sexual or romantic advances but it is one of the most dangerous motives against women, sometimes even results in crimes like Rape. It is mostly intended to give the lesson to a woman who refuses such advances and with the mentality to “put her in her place”.
• Dowry- Dowry is one of the leading cases in countries like India and Bangladesh which contribute about15% in motivating perpetrators to commit the attack. Dowry which is already been fought against as a pest of Indian society, when becomes a building block for more heinous crimes like acid attacks; it eventually mirrors the position of women in a male dominating society like India.

Besides these reasons, there are others like religious disputes, racial discrimination, gang violence, etc. which results in acid attacks but they are not as common as the above reasons. These crimes do not become the building block for acid attacks in India, around which our article mainly encircles.

FACTORS MOTIVATING THE PERPETRATORS

• Poverty- Poverty is not only an obstacle in the way of economic development but also in the way of social, psychological, and ethical progress of the society. Poor are more prone to take part in the crimes, mostly because of the money paid to them for committing these crimes.
• Literacy- The literacy rate in India is 69.1%according to the 2019 report[3] but it only brings in count the population knowing basic reading, writing, and arithmetic. That is the reason, crimes are increasing in India, practical knowledge about the effects, consequences and factors about dangerous substances and crimes are not being imparted in schools, leaving people ignorant and taking these crimes very casually.
• Rural-urban differences- We have a mixed economy in India, even today more than half of our population lives in villages. These regional differences do not only create an economic gap but a societal gap as well. For. e.g. in rural India, women act subordinate to men, even today, because of the so-called cultural ethics and lack of knowledge about women’s rights. When sometimes rural laborers or anyone migrate to urban areas, they cannot cope up with the societal and cultural difference and the way women embrace their rights in urban areas. Moreover, property-based rivalries and disputes are also common among rural folk, which sometimes become the reason for acid attacks in rural areas.
• Patriarchal society- Patriarchal society in modern times is a noose to both males and females in some way or the other. Patriarchal norms consider men as strong and female as weak ones, it considers females as subordinate to men and is expected to behave in the societal pattern set for her. Any step of female against male or the limits set for her, is the biggest motivation for perpetrators to attack her. Moreover, when male victims have been attacked, they are further attacked by the patriarchal mindsets which assume that men are strong and do not need any legal support, that is one of the main reasons male victims go unattended and unreported.
• Cheap and easily obtainable- The regulations put on sale and purchase of acids in India, are piecemeal mainly because of the price and documents needed for it. It is used in industries as well as for household purposes, which is why it is easily obtainable at the price of Rs. 15-25/-. Moreover the documents needed to register to purchase are Aadhar card, which can be issued very easily. Thus there is not seen any decrease in the rate of acid attacks in India.

EFFECTS OF ACID ATTACK ON VICTIM

The main reason of Acid Attacks is not to kill the person but to disfigure the face or to destroy the further life of the victim. There are mainly three effects seen after the attack has been done, they are namely; (1) Medical or physical effects (2) Psychological effects (3) Sociological effects. Let us discuss these effects in detail:

MEDICAL EFFECTS- The medical effects of acid attacks are extensive. As a majority of acid attacks are aimed at the face, several articles thoroughly reviewed the medical implications for these victims. The severity of the damage depends on the concentration of the acid and the time before the acid is thoroughly washed off with water or neutralized with a neutralizing agent. The acid can rapidly eat away the skin, the layer of fat beneath the skin, and in some cases even the underlying bone. Eyelids and lips may be destroyed and the nose and ears severely damaged. Though not exhaustive, Acid Survivors Foundation Uganda findings included:

• The skull is partly destroyed/ deformed and hair lost.
• Ear cartilage is usually partly or destroyed; deafness may occur.
• Eyelids may be burned off or deformed, leaving the eyes extremely dry and prone to blindness. Acid directly in the eye also damages sight, sometimes causing blindness in both eyes.
• The nose can become shrunken and deformed; the nostrils may close off completely due to destroyed cartilage.
• The mouth becomes shrunken and narrow, and it may lose its full range of motion. Sometimes, the lips may be partly or destroyed, exposing the teeth. Eating and speaking can become difficult.
• Scars can run down from the chin to the neck area, shrinking the chin and extremely limiting the range of motion in the neck.
• Inhalation of acid vapors usually creates respiratory problems, exacerbated restricted airway pathways (the esophagus and nostrils) in acid patients.

In addition to these above-mentioned medical effects, acid attack victims face the possibility of sepsis, kidney failure, skin depigmentation, and even death.

A 2015 attack that involved throwing sulfuric acid on a man’s face and body, while he lay in bed, caused him, among other serious injuries, to become paralyzed from the neck down.

PSYCHOLOGICAL EFFECTS- Acid assault survivors face many mental health issues upon recovery. One study showed that when compared to published Western norms for psychological well-being, non-Caucasian acid attack victims reported higher levels of anxiety, depression, and scored higher on the Derriford appearance scale, which measures psychological distress due to one’s concern for their appearance. Additionally, female victims reported lowered self-esteem according to the Rosenberg scale and increased self-consciousness, both in general and in the social sphere.

SOCIOLOGICAL EFFECTS-In addition to medical and psychological effects, many social implications exist for acid survivors, especially women. For example, such attacks usually leave victims handicapped in some way, rendering them dependent on either their spouse or family for everyday activities, such as eating and running errands. These dependencies are increased by the fact that many acid survivors are not able to find suitable work, due to impaired vision and physical handicap. This negatively impacts their economic viability, causing hardships on the families/spouses that care for them.

As a result, divorce rates are high, with abandonment by husbands found in 25% of acid assault cases in Uganda (compared to only 3% of wives abandoning their disfigured husbands). Moreover, acid survivors who are single when attacked almost certainly become ostracized from society, effectively ruining marriage prospects. Some media outlets overwhelmingly avoid reporting acid attack violence, or the description of the attack is laconic or often implies that the act was inevitable or even justified.[4]

ACID ATTACK LAWS IN INDIA

There are no official figures available for the number of acid attacks in India as it was not an offense before 2013 but it is estimated that there are, 1,000 acid attacks a year in India. India’s rate of crimes reported from acid attacks is increasing since the past decade, with a high 27 reported cases in 2010. Altogether, from January 2002 to October 2010, 153 cases of acid assault were reported in Indian print media, while 174 judicial cases were reported for the year 2000. However, these numbers of reported cases are just underestimated, because many cases do not get reported in news, nor do all the victims report the crime to officials.

The Declaration on the Elimination of Violence against Women 1993 stipulates that States should condemn violence against women and pursue by all appropriate means and without delay a policy of eliminating violence against women. Following the guidelines of the Declaration and keeping in view the increasing number of acid attacks, the government enacted the Prevention of Offences (by Acids) Act, 2008. But in the whole act, there was no sign of giving Acid attacks the status of offence under criminal law or any other law in India. The Act only contained the provisions regarding the rehabilitation boards to be established for the victims of acid attacks.

After the leading case of Laxmi Aggarwal, which will be discussed in this article, The criminal amendment act of 2013 passed several new guidelines after the recommendations made by the justice J.S Verma commission after the 2012 gang rape and murder of a physiotherapy student, Amendment to Indian Penal Code, and CrPc in 2013 officially gave the status of offense to the crime of Acid Attack which was earlier recognized as a general offense under the offense of ‘Grievous Hurt’. It is registered as a crime under sections 307, 320, 322(already existing sections), 326A and 326B (added by the amendment 2013). Regarding the compensation Amendment is made in sections 357B and 357C of CrPc. Let us discuss these sections in detail:

Existing sections:

SECTION 307 – ATTEMPT TO MURDER – Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by life convicts – When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

After the 2013 Amendment, Acid Attacks can be registered as an offense under this section if there seems to be an intention of the attacker to cause the death of the victim, according to the varying circumstances of the cases.

SECTION 320 – GRIEVOUS HURT – The following kinds of hurt only are designated as “grievous”:- Firstly- Emasculation Secondly – Permanent privation of the sight of either eye. Thirdly – Permanent privation of the hearing of either ear, Fourthly – Privation of any member or joint. Fifthly – Destruction or permanent impairing of the powers of any member or joint. Sixthly – Permanent disfiguration of head or face. Seventhly – Fracture or dislocation of a bone or tooth. Eighthly – Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

SECTION 322 – VOLUNTARILY CAUSING GRIEVOUS HURT – Whoever voluntarily causes hurt, if the hurt which the intends to cause or knows himself to be likely to cause is grievous, and if the hurt which he causes is grievous, is said to “voluntarily to cause grievous hurt.

 Explanation – A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if intending or knowing he to be likely to cause grievous hurt of one kind; he causes grievous hurt of another kind.

SECTION 325 – PUNISHMENT FOR VOLUNTARILY CAUSING GRIEVOUS HURT Whoever, except in the case provided for by section 335(Voluntarily causing grievous hurt on provocation), voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

New sections added by Amendment, 2013:

On 2nd April 2013 the Indian Penal Code was amended with the passing of ‘The Criminal Law (Amendment) Act, 2013. The amendment resulted in the insertion of Sections 326A and 326B specifically for dealing with acid violence.

SECTION 326 A states – Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine. Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim.  Provided further that any fine imposed under this section shall be paid to the victim.

SECTION 326 B states – Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.

These sections are always read together, because without attempt no crime is complete, thus to bring section 326A into effect, ingredients of section 326B must be present. 

COMPENSATION FOR ACID ATTACK SECTION:

 357 B has been newly inserted in CrPC which reads as: “The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A or section 376D of the Indian Penal Code.

 FREE MEDICAL TREATMENT SECTION:

357 C has been newly inserted whereby all hospitals, public or private are required to provide first aid or medical treatment free of cost. The section reads as:  “All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offense covered under section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code and shall immediately inform the police of such incident.”

 Apart from the above legislations, The Supreme Court of India has given state authorities three months to implement new rules to control over-the-counter sales of acids, which have been used to disfigure, maim and even kill people, particularly women, for decades. The apex court has directed all 29 states and seven union territories to issue licenses to retailers selling acid. They are now required to keep details like the quantity sold and the addresses of buyers, who will need to present photo identification to purchase acids. The retailers are required to declare the amount of acid being stocked to the police and any case of failure in doing so would lead to undeclared stock being confiscated and a fine of up to 50,000 rupees ($840). It has also barred anyone under the age of 18 from purchasing acids like hydrochloric, sulfuric, and nitric.

IMPORTANT CASES OF ACID ATTACK IN INDIA

1. Laxmi v. Union of India[5]– this is the leading case of acid attack in India which took place in Delhi in 2005, after this case only acid attack was recognized as a separate offense in India. In the instant case, the perpetrator named Naeem Khan was frustrated and anguished on the refusal of his love by victim Laxmi, who was 17 years of age at that time. He with the wife of his brother Rakhi threw acid on Laxmi’s face and chest in the central crowded Delhi area. Till now Laxmi has undergone several surgeries. But her strength has become an inspiration for many acid attack survivors and her PIL for a ban on the sale of acids following which the Supreme Court ordered for various regulations makes her case extraordinary and historic. Recently released Bollywood movie “Chhapaak” is based on Laxmi’s case and how she fought.
2. Haseena Husain Case- Haseena, an 18-yr old  B.Com. The student, was a computer professional in Bengaluru. In her first hear of graduation itself, she got a job in a software center run by a former Indian Air Force employee, Joseph Rodriguez. Things turned nasty, when the software center incurred heavy losses and Haseena found herself a new job. This was unacceptable to Joseph and he tried every possible way to bring Haseena back to her firm. But despite all his efforts, when Haseena declined his offer of joining him back again, it hurt his male chauvinist ego. On April 20,999,  Haseena left her house at Jalahalli (Bengaluru North-East) around 8 am, and as soon as she reached the office gate, a motorcycle-borne man splashed the liquid contents of a plastic jug on me and sped away, destroying her life forever. Haseena not only just lost her eyesight in this attack, but it also damaged her entire body, and she was bedridden for nearly 10 years. Even today also, she cannot walk without support and cannot sit straight. This horrifying attack made a hole in her head, her nose and one of her earlobes were dissolved together, one side of her neck is welded to the shoulder, and her fingers got fused.
3. Annu Mukharji case- Annu Mukharji was a dancer in a hotel in Delhi. On 19th December 2004, Annu’s co-worker Meena Khan, who was also a dancer in the hotel, threw acid on Annu’s face, out of sheer jealousy, rage, and insecurity, as Annu was earning more than her. This deadly acid attack shook her entire life. She lost her eyes completely, her nose was mutilated. Her face was completely disfigured, so much that no one could dare to look at her until she got her nose reconstructed.
4. Meena Soni case- Meena Soni faced the acid attack by her husband after 15 years of their marriage in Lucknow. Meena was married off at the age of 16, and soon after her marriage, her husband quit his work. A mother of three, Meena decided to become the breadwinner of the family, which was not acceptable by her husband and would have arguments nearly every day. In 2004, her husband poured acid on her face while she was asleep, and later he committed suicide. Meena suffered 75 percent burns on her face. But it did not change her spirit to live and she is now working for under trial women in jails.
5. Preeti Rathi case– A beautiful life was waiting for this bright student nursing student, Preeti Rathi, when she got the selection letter of short service commission in the military nursing service. But destiny has some other plans for her. Preeti was supposed to join naval hospital — Asvini — in Colaba, Mumbai, on May 15 2013. On  May 2, 2013,  Preeti along with her father, uncle, and aunt, reached Bandra station, Mumbai. It was then when an unidentified man, with his face half-covered, threw acid on Preeti’s face and fled. This attack apart from giving unbearable pain, not only damaged her eyes, infected her kidneys but the acid also entered her esophagus, windpipe, and trachea. After fighting this unbearable pain, Preeti succumbed to her injuries and lost the battle of her life.

IS THE PUNISHMENT OF ACID ATTACKS ENOUGH IN INDIA?

If we look at the punishments granted by Sections 326A and 326B, which were added by Amendment Act, 2013; they are Cognizable and Non- Bailable. Cognizable means a person can be arrested without the warrant and Non- Bailable means the bail cannot be granted unless the court gives permission. This implies that the nature of the crime defined in these two sections is a serious one but the existence of these sections is only usable if they are implemented properly. Unfortunately, there are many Lacunas in our law, which must be studied to know our legal jurisprudence.

• 326B requires the intention to prove the attempt, which is why many of the people even with the intention to defend themselves very well and could not get punished. These persons roam free and are dangerous to our society.
• To bring the offense of throwing or attempt to throw acid under Section 307 i.e. Attempt to Murder; it must be proved that the intention of the person throwing acid was to cause death which in many cases could not be proved either by the strong defense or by manipulating the facts of the case by the lawyers, which is why offense of Acid Attack could not get the status of Attempt to Murder, which in my eyes must not be left on proving of the intention rather it must be prima facie come under the status of Attempt to Murder under Section 307. Because throwing acid might not kill the person’s body but it is even more grievous than murder, disabling the person for a lifetime both physically and socially.
• The regulations which have been put on the sale of acid by Supreme Court order but these regulations are virtual only. Even today, acid is being sold very easily by any shopkeeper without showing Aadhar card. Moreover, Aadhar card is easily issued in India, any person can make it available and get the bottle of acid.
• Acid is a very cheap commodity because of its industrial and household usage. It can be available from Rs. 15 to 30 /- per liter. This is one of the reasons, that anyone can buy it.
• The punishment of throwing acid in Section 326A is imprisonment for not less than 10 years but which may extend to imprisonment for life and fine to be paid to the victim. While section 326 B grants punishment for imprisonment for 5 years but which may extend to 7 years and with fine. This punishment is not enough for the acid throwers because as said earlier this crime is as grave or even more serious than Murder, thus the punishment should also be hard and grave like the one granted in Section 302 of Murder i.e. Death or imprisonment for life.
• In Bangladesh, which was at the top list of the countries where acid attacks are prevalent, now after the enactment of The Acid Control Act and The Acid Crime Control Act of 2002 when the cases of Acid Attack have jumped more than 487 in a year, there has been seen a drastic change in the number of acid attacks in the country. This has become possible because of the strict punishments imposed by these two above mentioned Acts.
• The Acid Control Act, 2002 in Bangladesh has introduced to control “the import, production, transportation, hoarding, sale and use of acid, and to provide treatment to victims of acid violence, rehabilitate them, and provide legal assistance”. The act punishes the unlicensed production, import, transport, storage, sale, and use of acid by a jail term of three to ten years and a fine of up to taka 50,000. It establishes the central government’s authority over import licenses and the deputy commissioner as the authority for transport, storage, seller and user licenses. The act also requires license holders to keep informational records relating to all acid use. The National Acid Control Council (NACC) and District Acid Control Committees (DACC) were established under this act.[6]
• Whereas The Acid Crime Control Act, 2002 of Bangladesh is intended to control acid violence by penalty ranging between three and fifteen years; and depending on the severity of the case, life imprisonment to a maximum death sentence. The variations of punishment depend on the parts of the body affected. The law clearly states that punishment for killing of a person by acid or injuring a person resulting in loss of vision, loss of hearing or disfigurement of the face, breasts or sexual organs can result in capital punishment, or rigorous imprisonment for life. Damage or disfigurement of the body will result in fourteen years of imprisonment but not less than seven years of rigorous imprisonment. Punishment for attempt to throw acid causing no damage or injury may extend to seven years but not less than three years of rigorous imprisonment and also with a fine not exceeding fifty thousand taka. Also, if someone assists to commit the crime of acid throwing, he/she will receive the same punishment as the perpetrator.[7]
• Since, these acts have been implemented in Bangladesh there have been 14 people who are sentenced to death, more than 700 who were arrested and 338 jailed. [8] But on the other hand if we see the change that has taken place in India after recognizing Acid Attack as an offense in 2013, there have been even more cases of acid attacks that are increasing with every year. India Today Data Intelligence Unit (DIU) has found that between 2014 and 2018, there have been 1,483 victims of acid attacks in the country. This is according to data released by National Crime Records Bureau.
• The year 2017 witnessed the highest number of acid attacks in these five years at 309, with 319 victims. But while 2017 was followed by 2018, unfortunately, the legal process shows a serious backlog for both years. A total of 596 acid attack cases were reported in 2017 and 2018, with 623 victims falling prey, but data shows that only 149 people were charge-sheeted in each year. This is almost or less than half the number of incidents each year. The lowest number of cases (244) was reported in 2014, with 201 people charge-sheeted.[9]
• These records are evident that punishments of Acid Attacks are not rigorous in India; moreover the loopholes make the legal system weak.

CONCLUSION

From the above study and statistics, we can conclude that the pest of Acid Attack is slowly eating up India and its reputation at the international stage. The punishments must be made more stringent. Separate legislation should be made for Acid Attacks, but they can only be effective if implemented properly. NGOs can play a role of catalyst in eradicating this crime. Other steps to be taken from grass root level are eradicating other social problems from India like Poverty, Illiteracy, Patriarchal and misogynistic notions, etc.

To fight these types of crimes in a society like India is a huge struggle but if government and citizens take up the responsibility to eradicate them, together we can hope for the change. The human rights and their importance must be imparted to every citizen. It is the high time that we not only sit in our homes waiting for the society to change but have to stand up for our nation trying to bring change in every way possible.

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References:

[1]  See https://slate.com/news-and-politics/2013/02/history-of-acid-violence-when-did-people-start-throwing-vitriol.html

[2]  See https://en.m.wikipedia.org/wiki/Acid_attack

[3]  See https://www.ndtv.com/education/international-literacy-day-2019-figures-on-language-and-literacy-in-india-2097323

[4]  See https://en.m.wikipedia.org/wiki/Acid_attack

[5]  2014 SCC 4 427

[6]  See https://blogs.dw.com/womentalkonline/2017/08/08/combating-acid-violence-the-bangladesh-model/

[7]  Ibid.

[8]  See https://www.straitstimes.com/asia/south-asia/tough-laws-sharply-reduce-bangladesh-acid-attacks-on-women

[9]  See https://www.indiatoday.in/diu/story/india-saw-almost-1-500-acid-attacks-in-five-years-1636109-2020-01-12