Acid Attacks Under Ipc Essay Example

a gender dimension in India, with majority of the victims being women. Men who commit these crimes are usually spurned suitors who want to avenge their rejection. Other cases involve denial of dowry by women, robbery and land disputes. The violent crime of acid throwing not only inflicts physical, but also mental injuries on the victim. The long-term consequences of acid attack include permanent damage and continuous torture. In some cases, acid attacks may lead to death of the victim.

• Laws for Acid Attack: Punishment for the Offence of Acid Attack

In India, cases of acid attacks are governed under Sections 320, 322, 325 and 326 of the Indian Penal Code (I.P.C). However, it has been contended that these sections do not suffice for the gravity of an acid attack. Section 326 of the IPC governs cases of voluntarily causing grievous hurt by means of any corrosive substance like acid, and imposes10 years of imprisonment on attackers. However, there have been arguments that the period of punishment is not sufficient, considering the victim’s life-long trauma.

In the landmark case of Marepally Venkata Sree Nagesh Vs. State of A.p 2002 Cri LJ3625, the accused poured mercuric chloride into the vagina of his wife. He was suspicious about her character. The injury led to the wife’s renal failure resulting in her death. The husband was charged and convicted under Indian Penal Code, sections 302 and 307. The Law Commission had, way back in 2008, recommended to the Supreme Court that a new provision be added to the Indian Penal Code to specifically tackle acid attacks.

The National Commission of Women too underlined

the need for compensation to victims as well as banning the open sale of acid. Legal experts cite two laws passed by neighbouring Bangladesh in 2002, which regulate the sale of acid as well as impose strict punishment on offenders, as a model legislation that India could adopt. The Bangladesh law imposes the death penalty or rigorous life imprisonment for offenders who maim or kill using acid and a fine up to 10 lakh takas. Other countries like Uganda, where acid attacks are frequent, also impose stringent punitive measures such as life imprisonment.

"Acid attacks are among the gravest of offences and require a separate and stringent categorization in our law. The case is pending with the Supreme Court," says advocate Aparna Bhat, who has been pursuing a writ petition in the SC on behalf of a victim, Laxmi, who was attacked in 2006. It was during this case that the Law Commission prepared a report proposing "a new Section 326A" be inserted in the IPC to specifically address hurt by acid, which would impose a jail term from 10 years to life imprisonment and a fine up to Rs 10 lakh. The report points out that acid attack victims needed multiple treatment, psychological counselling and often involve prohibitive medical expenses. It stated that existing provisions are not broad enough to cover these various injuries and gave huge discretion to courts to decide upon appropriate judgments.

"Existing provisions do not specify to whom the fine should be awarded," it points out. The NCW went a step further and suggested that the Centre set up a National Acid Attack Victims' Assistance Board, which would

not just foot medical expenses of victims but also provide them with much needed counselling. Both commissions insisted on making acid a scheduled banned chemical which should not be available over the counter. "The particulars of purchasers of acid should be recorded," said the Law Commission. There are currently no laws to regulate the sale of acids barring the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (amended in 2000), which applies largely to industries.

Justice A R Lakshmanan, who drafted the report, told TOI that it was up to the courts and the government to act on the recommendations. The home ministry, in its latest petition, has however, refuted the need for a new IPC section. A section of legal experts too believe the solution lies in more effective implementation of existing laws. "The problem is non-implementation of existing provisions," says human rights lawyer Mihir Desai. For instance, compensation has already been written into the criminal procedure code but is not being implemented in states like Maharashtra.

• Law against acid attacks in other countries

Acid attacks have been reported most frequently from India, Bangladesh, Pakistan, Cambodia and Uganda. Bangladesh law: Two new laws, the Acid Offences Prevention Act 2002 and Acid Control Act were enacted in 2002 to tackle the growing incidence of acid attacks. They banned the open sale of acids, imposed stringent punishment and fine on offenders, stated that the investigations be completed within 30 days and the trial wrapped up within 90 days. Acid-offences Prevention Tribunals were set up solely to try acid cases.

• My views

An acid attack is a heinous crime

that deserves to be treated with seriousness and sensitivity by the law-and-order machinery and society. Offenders should not be let off with light sentences and crime should be tackled proactively. The government should consider restricting the sale of acid as well as amending the IPC for more stringent provisions for the offence. India should learn from Bangladesh, which has effectively tackled the scourge of acid attacks.