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 3rd of August 2013 and has been gazette on 2nd 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)
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