Acid Attack

An acid attack sometimes involves throwing acid on his or her face. Acid attacks cause psychological trauma[1], it additionally leads to severe pain, permanent deformity, succeeding infection, and sometimes vision defect in one or each eye. Criminals have committed acid attacks for a spread of reasons, together with the rejection of a wedding proposal or revenge for different romantic or sexual advances; Land dispute; Perceived dishonesty; And jealousy. Whereas acid attacks area unit most rife in Asia nation, Cambodia, India and Pakistan, they need additionally been rumoured in Afghanistan and Africa and components of Europe. Specialists illustrate the prevalence of the observes partly as a result of the straightforward convenience of acids.

The cases of acid attack area unit perpetually increasing, and also the lives of those who fall victim to it are being ruined.

Introduction:

Women represent a vital half within society. They’re to blame for birth to life however sadly, they’re created to lose their lives in a name only of various brutalities committed against them. Whenever a lady decides to lift her voice against her substandard position within the patricentric society, she is shunned by completely different means; either by acid, physical abuse or by burning her to death.

‘Acid attack’ it clearly understands by its name ‘attack of acid or attack with acid’. This is also a type of disease which is caused by humans and it defines the inhumanity of those humans which causes acid attack that now they do not have humanity. The reasons for this are revenge, anger, hate and any more. As we see most of the victims of this case are girls. But this doesn’t mean that cases of it are not found on boys, also boys are also the victims of it.

The most common varieties of acid utilised in these assaults embrace element, nitric, and hydrochloric acid. Attack through acid seldom kills, however, it causes severe physical,
psychological and social scarring. The victims of acid violence are overpoweringly girls
and kids, and attackers typically target the top and face so as to injure, deflower and
blind someone forever and push her in the everlasting lifetime of pain and apathy[2]

Acid attack: A burning problem in India

Over the last decade country, India has been witnessing a terrible growth of acid attack, particularly on women. India tops the charts once it involves acid attacks. A rustic wherever the sale of acid over the counter was illegal in 2013, we’ve got too several cases and most wherever ladies square measure attacked as a part of force or for dowries. Within the lightweight of Chhapaak, the Deepika Padukone film on the lifetime of acid attack survivor Laxmi, we glanced at these statistics and information on ladies and acid attack accidents. Albeit these cases square measure presupposed to be in fast-track courts, the trail to justice continues to be long and complete going away survivors with no selection however persistently to relinquish it midway. Once these survivors leave to start out their life anew with an ugly body and face, they get criticism and society alienates from, going away their soul deeply scarred. 

The case that we tend to discuss nowadays could be a landmark case within the legal history of India. This case was Laxmi vs. Union of India and Others [3] who issued a PIL led to by Laxmi, an acid attack survivor that issued pointers for the betterment of Acid Attack Survivor. The Supreme Court verdict-imposed restrictions on the sale of Acid and supply compensation to the victim.

The latest crime information for 2018 from the National Crime Bureau (NCRB) [4]shows acid attack cases area unit perpetually obtaining transferred or sitting in police files year when a year. This can be shown by the data: in Indian courts, 523 cases were slated for trial in 2018 that unit of measurement up from 407 in 2016 and 442 in 2017.Therefore, whereas the total range of ‘registered’ cases in an exceedingly specific year area unit on a small decline, the actual fact that only a few cases area unit disposed of in an exceedingly year is symptomatic however, slow the justice system is. If nearly ninety per cent cases a year area unit transferred for trial within the following year, however will survivors hope for swift closure?

The percentage of cases of acid attacks that courts have dealt with, of all cases that went to trial, was 6.6% (27 out of 407) within the year 2016. It’s solely in 2017 that the share went up to nine.9 % (44 cases out of 442). But, in 2018, it once more reduced to six.11 % cases (32 cases out of 523) reflective that the system is unable to produce swift justice within the matter.

The total range of cases of acid attacks that police investigated born systematically between 2016 and 2018. It disposed of 196 cases in 2016, 182 in 2017 and a hundred and fifty in 2018.

This slow rate of investigation and conviction implies that the amount of cases that stay unsolved keeps adding up with the police and courts. So, police had 240 cases to research, of that seventy-two cases were unfinished from previous years. The numbers increased by an excellent margin once it involves legal proceedings since the crime was acknowledged with the judiciary. Therefore, whereas there have been solely 168 cases registered in 2018, the full variety of cases that were slated for trial within the same year was 523 cases as well as cases unfinished from previous years.

In another case of Sonali Mukherjee @Sonali vs The Union of India & Ors[5], Sonali Mukherjee, a woman from Dhanbad was attacked by acid when she was just 18 years old. In 2003, three alleged assailants namely Tapas Mitra, Sanjay Paswan and Brahmadev Hajra threw acid on her when she was asleep on the roof of her house. She received various burnt injuries and her face got disfigured.22 The perpetrators were sentenced to imprisonment of nine years but were released on bail when appealed to the High Court.

Effects of acid attack:

1.     Physical-

Acid chuck through two layers of the skin, i.e. the fat and muscle underneath, and typically not solely chuck through to the bone however even dissolve the bone. The deepness of injury whole depends on the strength of the acid and also the duration of its contact with the skin.

The biggest immediate danger for victims is respiration failure. Inhalation of acid vapours will produce respiration issues in 2 ways:

i) By inflicting a toxic reaction within the lungs.

ii) By swelling the neck, that constricts the airway and distemper the victim.

2.     Psychological –

Acid assault survivors face several mental state problems upon recovery. Acid violence victims are reported with higher levels of tension, depression, thanks to their look. per the Rosenberg Scale, the women reported down self-worth and inflated self-consciousness, each normally and in the social sphere.

3.     Social and Economic –

Acid attacks sometimes leave victims unfit in some way, rendering them addicted to either their relative or family for everyday activities, like ingestion and running errands. They face a life of discrimination from society and that they become lonely. These dependencies area unit exaggerated by the actual fact that many acid survivors don’t seem to be able to realize appropriate work, thanks to impaired vision and physically unfit. As a result, divorce, abandonment by husbands is common in society. Discrimination from others, or disabilities like a visual defect, makes it terribly difficult for victims to defend themselves and that they become addicted to others for food and cash.

Legal Effect of Acid Attack:

In India, typically incidences of acid attacks grab the headlines of Indian media. Sadly, in India, there was no separate legislation to influence acid attacks before the passing of The Criminal Law (Amendment) Act, 2013. The offence was registered beneath Sections 320, 322, 325, 326 and 307 of the Indian Penal Code (I.P.C).[6]

Section 320 – Grievous Hurt

The following types of hurt solely area unit selected 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 that endangers life or that causes the sufferer to be throughout the area
of twenty days in severe bodily pain, or unable to follow his normal pursuits

Section 322 – Voluntarily causing grievous hurt

Whoever voluntarily causes hurt, if the hurt that the intends to cause or is aware of himself to be doubtless to cause is grievous hurt, and if the hurt that he causes is grievous hurt, is alleged to “voluntarily to cause grievous hurt. clarification. – an individual isn’t the same voluntarily to cause grievous hurt except when he each cause grievous hurt and intends or is aware of himself to be doubtless to cause grievous hurt. However, he’s same voluntarily to cause grievous hurt, if intending or knowing he to be doubtless to cause grievous hurt of 1 kind;

Section 325 – Punishment for voluntarily causing grievous hurt

Whoever, except in the case provided for by section 335 (inflicting serious injury on voluntary provocation), shall be punished with imprisonment of particulars for voluntarily causing grievance which shall be punished with imprisonment May extend to seven years, and shall also be liable to fine.

Section 307 – Attempt to murder

Whoever with such intent or knowledge and under such circumstances shall commit an act, if he causes death by that act, shall be guilty of murder, shall be chastened with imprisonment of either description for a term that may reach 10 years, and shall even be prone to fine; and if the hurt is caused to a person by such act, the bad person shall be liable either to imprisonment forever or to such penalization as is hereinbefore mentioned. tries by life convicts – once a person violative beneath this section is beneath sentence of imprisonment forever, he may, if the hurt is caused, be chastened with death. On second Apr 2013, the Indian legal code was amended with the passing of ‘The Criminal
Law (Amendment) Act, 2013[7]. The modification resulted in the insertion of Sections 326A and 326B specifically for coping with acid violence.

Section 326 A–

Whoever causes permanent or partial harm or deformity to, o burns or maims or disfigures or disables, any half or components of the body of an individual or causes grievous hurt by throwing acid on or by administering acid thereto person, or by victimisation any other means that with the intention of inflicting or with the information that he’s probably due to such injury or injury, shall be cured with imprisonment of any description which shall not be but which holds for 10 years, and may extend to imprisonment with fine..

Section 326 B–

Whoever throws or tries to throw acid on someone or attempts to administer acid to someone, or tries to use the other means that, with the intention of inflicting permanent or partial harm or deformity or burns or maiming or disfigurement or incapacity or grievous hurt thereto person, shall be penalised with imprisonment of either description for a term that shall not be but 5 years however which may touch seven years, and shall even be vulnerable to fine

Compensation for acid attack

Section 357 B has been newly inserted in CrPC[8] that reads as:

” Compensation paid by officers below Section 357A will be linked to Section 326A or Section 376D of the Indian Penal Code for payment of fine to the victim.”

Free medical treatment:

“All hospitals, public or non-public, whether or not go past the Central Government, the State
Government, native bodies or the other person, shall instantly, give the first-aid or
medical treatment, freed from price to the victims of any offence lined underneath section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code and shall
immediately inform the police of such an incident.

The Problem of an acid attack at world level:

Acid attacks happen across the planet and it affects ladies disproportionally. though it’s additionally unacceptable once acid violence happens against men, acid violence could be a sort of violence that includes a disproportionate impact on ladies. It reflects and perpetuates discrimination women of ladies and girls in society, in and of itself it’s prohibited by jurisprudence. However, only too typically it’s against the law that goes unreported and unpunished: survivors of acid attacks board worry of reprisals for news the attack.

Acid attack at world level is as follows:

United Kingdom:

Per capita, the United Kingdom has one in all the very best rates of recorded acid attacks within the world. In 2018, in London alone, corrosive substances were utilized in 310 crimes, compared to 456 in 2017, then we’ve seen a considerable drop in keeping with London Police Figures. However, nationwide there has been a rise in acid attacks with 452 reportable crimes in 2017 and 501 reportable crimes in 2018. Anecdotal proof suggests that several of the attacks are part of gang connected activities which acid is turning into the weapon of alternative. the United Kingdom doesn’t have tight controls on the sale of acid and nor will it have legislation specific to acid attacks. ASTI has campaigned for strict control over acid sales and punishment review. In the UK, in contrast to several countries, men compose the bulk of victims. Men additionally tend to be the perpetrators.

Colombia:

Colombia has close to one hundred recorded attacks a year and with a population of around forty-eight million, this makes attacks in Republic of (Colombia South American country South American nation) one among the best per capita. Perpetrators square measure irresistibly men, whereas victims square measure principally girls. In recent years Colombian legislators have passed laws to manage the sale of acid and increase penalization of perpetrators, anyone mistreatment any quite “chemical agent” to physically hurt another person can receive a minimum sentence of twelve years imprisonment. If the victim is for good ugly, the sentence is up to fifty years. However, this needs investment in policing resources to confirm cases reach court. a lot of work continues to be done to enhance medical support because of only a few specialists burns units in the Republic of Colombia.

Bangladesh:

The number of attacks in Bangladesh in 2002 was around 400. Almost 70% of victims are women and girls. A study of 90 victims in Bangladesh found that 80% of attacks occurred in victims’ homes. Criminals are almost always men. Research on the socio-economic status of victims (based on a reviewing 90 victims) found that victims are more likely to be from lower socio-economic classes. After much publicity and media pressure from many organizations, including the Acid Survivors Foundation, with the support of ASTI, the Bangladesh government introduced legislation in 2002, which included controls on the sale, use and storage of acids. The attacks have now reduced to 100 per year. There are many other countries in which acid attack has become a huge problem and the countries are engaged in stopping this problem.

Conclusion:

Acid attack is one in all the foremost monstrous crimes occurring in society. each victim of acid attack faces permanent issues in her period of time. they can’t live a standard life any longer. Their life becomes miserable. It makes it very troublesome for such victims to continue their studies, go to work, marry or have children, and even basic coming together.

Day by day, these crimes are increasing. So, it’s obligatory the government requires rigorous measures and provides harsher punishments to those yucky criminals. And in these cases, not solely the government, however additionally the society ought to be concerned and facilitate the victim to measure a standard life rather than making such an atmosphere, that doesn’t settle for her or ostracize her. Government plays a vital role in preventing the society from these crimes by creating and corporal punishment strict laws within the country, within the same manner, society plays a lot of vital role in serving to the victim in her recovery.

Frequently Asked Questions (FAQs):

  1. What is acid attack?
  2. Which Indian movie depicts the story of Acid Survivor Laxmi?
  3. What are the commonly used varieties of acids in acid attacks?
  4.  What does section 325 of I.P.C say?
  5. Compensation for acid attack comes under which section of I.P.C?

Reference:


[1] Psychological trauma is that the distinctive individual expertise of a happening or of tolerating conditions within which the individual’s ability to integrate his or her emotional expertise is overcome (ie his or her ability to remain gift, perceive what’s happening, integrate the sentiments, and add up of the experience), or the individual experiences (subjectively) a threat to life, bodily integrity, or sanity

[2] lack of interest, or the attitude of not caring resulting from it

[3] Citation: 2014 SCC 4 427

[4] NCRB was set-up in 1986 to function as a repository of information on crime and criminals so as to assist the investigators in linking crime to the perpetrators based on the recommendations of the Tandon Committee, National Police Commission (1977-1981) and the MHA’s Task force (1985)

[5] Citation: 2009 Latest Caselaw 807 SC

[6] The Indian Penal Code, 1860 Act No. 45 of 1860 1* [6th October, 1860.]

[7] Title:   India: Act No. 13 of 2013, The Criminal Law (Amendment) Act, 2013 Publisher:   National Legislative Bodies / National Authorities

Publication Date: 2 April 2013

Country: India

Topics:  Child prostitution | Children-at-risk | Criminal justice

Cite as:  India: Act No. 13 of 2013, The Criminal Law (Amendment) Act, 2013 [India], 2 April 2013, available at https://www.refworld.org/docid/54c218784.html

[8] The Code of Criminal Procedure, 1973 Act No. 2 OF 1974 [ 25th January 1974.]

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