Acid Attack in the backdrop of Criminal Amendment Act, 2013

All over the world, women have always been discriminated against and are made to suffer the discrimination in silence at each facets of life. In country like India at one hand women are personified as Goddess and on the other hand they are been abused, harassed, denied basic fundamental rights like proper food, health, education. The Government of India has ratified the Convention on the Elimination of all Forms of Discrimination Against Women and has passed plethora of laws for the protection and upliftment of women. But still, in recent past, India has witnessed many high profile cases of rape, many new cases of gang rapes, domestic violence, acid attack against women. Everyday a new case of violence against women is brought into limelight, which shows the need of concerted government action for the protection and safety of women.

There are a wide range of crimes that are committed against women based on the consideration of their sex alone. All such acts of violence “that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty” are called as acts of gender based violence. Acid attack on women which is also known as vitriolage is one such gender-based violence cutting across age, marital status, religion, and race. It involves intentional throwing of acid on a person’s body which disfigures, maims and scars the person. When acid is thrown on the human body it melts the skin tissues, often exposing the bones and many a times it even results in dissolution of the bones, loss of eyesight, leaving the victim in perpetual pain and discomfort. Majority, of such attacks are directed towards the face of the women, with an aim of destroying her physical appearance which is considered as her most priced possession. The perpetrators of this crime often uses acids like nitric acid, sulphuric or hydrochloric acid because their easy availability at a cheap rate. Acid attacks usually immerge from the mindset wherein women are treated as an object by the male gender which he can possess and control.

IndianPenal Code has provided relief to these victims under Sections 320, 322, 325 and 326. But it is seen that these sections do not fulfill the gravity that is required for the seriousness of these offences. Moreover the term “acid attack” was not defined anywhere, and the provisions also restrict them to corrosive substances.

Due to increasing cases on acid attack, the Government of India decided to amend the old legislation and bring in some new ones. Even the Indian Supreme Court strongly criticized the Government for failing to formulate a policy to reduce acid attack on women. Hence, this gave way to the formation of the Criminal Amendment Act, which was brought in force on the 3^rd  of August 2013 and has been gazette on 2^nd  April, 2013, which has some specific provisions on acid attack.

The Criminal Amendment Act, 2013 which was passed on the recommendations of the Verma Committee Report which brought into light the seriousness to deal to this acid attack offence. It inserted two new sections i.e. Sections 326A and Section 326B in the Indian Penal Code. Therefore, the new amendment is a welcoming step towards reining in this crime. For the purpose of rehabilitation, victims may also be given compensation as under Section 357A of the Criminal Procedure Code, 1973. Another laudable step which has been brought by the Criminal Amendment Act, 2013 was the inclusion of Section 357C to the Code of Criminal Procedure. It states that all hospitals, public or private, whether run by the Central Government, the State Government, local bodies, shall immediately provide first-aid or medical treatment, free of cost to the victims of any offence covered under Sections 326A, 376, 376A, 376B, 376C, 376D or 376E of the Indian Penal Code, and shall also inform the police immediately. One thing is very clear that mens rea is easily proved in acid attack, which is sometimes difficult to prove in murder also. Throwing acid at a person’s face is a deliberate act. It requires the attacker to procure the acid first and this proves that the crime is premeditated. Therefore, the attacker throws acid into the victim’s face, fully being conscious of the consequences of his act. This shows that the attacker’s actions are completely willful. This can be a strong point while thinking of some stricter punishment in acid attack.

Since this crime appears to be a premeditated one which requires a tremendous ill-will on the part of the perpetrator, and therefore, should be punished severely. In addition to this, a sound compensation for the victim is a vital provision for enforcing justice. Another important aspect which requires immediate consideration is the formation of new rehabilitation schemes. Better job opportunities, training etc, should be imparted to the victims of such crimes, enabling them to at least meet their day to day livelihood needs.

By:- 

DIKSHA SAREEN

ASSISTANT PROFESSOR(LAW)