The Supreme Court for third time reminded the Union Government the need to regulate the sale of acid in the open market. The Union Government has clearly not formulated a policy which restricts the sale of acid as a result of which it is easily available and has led to a rise in the number of acid attacks in the country.
Interestingly neighbouring Bangladesh has better laws compared to India and these laws have been in place since the year 2002.
India has only taken steps to introduce the suggestion by the Law Commission of India in respect to introducing a section into the Indian Penal Code which exclusively deals with acid attacks. But law enforcement agencies face a problem in curbing such violence as acid is easily available in the open market thus making it a very lethal weapon for those who chose to misuse it.
Acid continues to be readily available in the open market especially in medical stores. Hydrochloric acid is the most easily available and costs around Rs 25 per litre. The only laws that in India which regulate the sale of acid is called the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (amended in 2000).However this law deals only with industrial solutions. There is also no provision that provide for checking the sale of acids.
Police officials who have dealt with acid attack cases have found during their investigation that it is the easy availability of acid which encourages the criminal to use it. Since the year 2004 this issue of regulating acid sale has been discussed but none of the states have been able to formulate any policy regarding the same.
Bangaldesh has one of the most effective laws in regulating the sale of acid and it has a legislation in place since the year 2002 considering the high number of acid attacks. The legislation not only provides stringent punishment for the person using acid, but also keeps a proper check on the sale of acid too.
The Acid Control Act of Bangladesh has provided the setting up of a national acid control council in every district headed by the commissioner. They in turn keep a regular check on the sale of all kinds of acids and also report/punish those selling it without permission.
The issue of acid attacks was dealt with in detail by the Law Commission of India in the year 2009. The Commission had recommended the introduction of Section 326 A into the Indian Penal Code to deal exclusively with acid attacks.
The law commission of India in a detailed 41 page report had stated that acid attacks were on the rise and there was no special section in the Indian Penal Code which dealt with this offence. Section 326 of the Indian Penal Code deals with causing grievous hurt is inadequate to deal with the issue for the following reasons the Commission had noted.
Definition of grievous hurt is not broad enough to cover the various kinds of
injuries which are inflicted during acid attacks.
The section does not cover the act of administering acid. Thirdly, the section gives a wide discretion to the courts as far as punishment is concerned. The cases on acid attacks in India show that normally inadequate punishment is awarded in these cases.
The section in the I.P.C does not punish the intentional act of throwing of acid if no injuries occur.
The section also does not specify who the fine should be awarded to.
The Commission had also made the following recommendations:
The distribution and sale of Acid should be banned except for commercial and scientific purposes.
Acid should be made a scheduled banned chemical which should not be available over the counter.
The particulars of purchasers of acid should be recorded.
Although the Government has not done anything to regulate the sale of acid the only point that it considered was the introduction of Section 326 A IPC.
326 A. (i) Hurt by acid attack- Whoever 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 administering acid to that person, with the intention
of causing or with the knowledge that he is likely to cause such injury or
hurt, shall be punishable with imprisonment of either description which
shall not be less than 10 years but which may extend to life and with fine
which may extend to Rs. 10 Lakhs.
Observations by the Commission:
In India, it has been said that “acid attacks on women are a systemic form of gendered sexual violence. Unlike acid attacks on men, these attacks are used as a weapon to silence and control women by destroying what is constructed as the primary constituent of her identity, i.e., her body. It is important then for any campaign against acid attacks to mobilize public opinion towards recognizing acid attacks as a form of gendered sexual violence and more importantly to recognize the patriarchal notions underlying these attacks”.
In the Delhi Domestic Working Women’s Forum case. The Supreme Court of
India had pronounced upon the need by the government to set up a Criminal
Injuries Compensation Board for rape victims within 6 months. The Supreme
Court had suggested that this board should give compensation whether or not a conviction takes place. The Supreme Court explained the justification for this proposal as under-
“It is necessary, having regard to the Directive Principles contained under Article 38(I) of the Constitution of India to setup Criminal Injuries Compensation Board.
Rape victims frequently incur substancial financial loss. Some, for example are too traumatised to continue in employment.
Compensation for victims should be awarded by the court on conviction of the
offender and by the Criminal Injuries Compensation Board whether or not a
conviction takes place. The board will take into account pain, suffering and
shocks as well as loss of earnings due to pregnancy and the expenses of the child but if this occurred as a result of the rape.
Vicky Nanjappa 
Post your thoughts