Acid attack cases in India an analysis

 

Acid attack, especially on women, has seen an alarming growth in India. Acid attack or “vitriolage” is often referred to as a “crime of passion” fuelled by jealousy and revenge. Acid throwing is the easiest way to hurt a woman and often used as a form of revenge on refusal of sexual advances, proposal of marriage and demands of dowry. Perpetrators of acid attacks intend to disfigure and cause extreme physical and mental suffering to victims. The proposed paper presents an indictment upon one such unfortunate and ghastly incident of acid attack on a girl of tender age in public arena witnessed by public who showed no sensitivity. The issue is not limited to a de-sensitized citizenry but is convoluted by the fact that the perpetrators of the crime walk scot free in society due to the non-activism of the witnesses. Besides, the woman affected can barely be able to carry on living, with the similar nonchalance. Generally in acid attack cases, acid is splashed on the face of victims who suffer brutal injuries on her face, chest and hands. As a result of acid being splashed on her face, she is unable to recognize the wrong doer and even if she makes a statement to that effect, it is not accorded much weight age because of many prevailing circumstances. Through this paper, the author aims to analyze those situations where a victim is the sole witness and criminality of the accused has to be decided on the basis of statements of the victim. The question of the weight to be attached to the evidence of a sole witness that was herself injured in the course of the occurrence is to be discussed. Where a witness to the occurrence has herself been injured in the incident, the testimony of such a witness is not cent percent reliable because of critical situation of victim especially in acid attack cases. The reasons which hinder public to become witness in such a crime which not only affects the victim but also society at large because such ill minds continue to rove about in society with no intervention. The measures which may be adopted not only by the government, police but also by public at large so that they are sensitized on such issues. This may lead to creation of an environment which discourages such an ill-fated behaviorisms’ in society, henceforth. Let us discuss specific concerns faced by acid attack victims in their interactions with the criminal justice system. Acid victims are reluctant to report acid attacks to the police because they fear harassment and ridicule from police officers and this leads a hindrance in tackling the crime and achieving the justice. Some police officers espouse blatantly sexist views. For instance, an advocate recounted that one police officer, when asked why he felt that certain women are attacked with acid, answered: “These women dress up like boys. What do they expect?” It is well known that officer frame acid violence investigations in terms of a woman’s sexual history and questions of morality. For example, an investigating officer blamed one victim for the acid attack against her, saying that she instigated the crime by engaging in a series of “affairs” with co-workers, which led to one of the co-workers throwing acid at her. The Delhi Deputy Commissioner of Police, who believes that acid violence is a form of gender- based violence, agrees on the need to more broadly “sensitize the police force and society at large” to the specific issues faced by acid attack victims. Severe punishment May be one method to sensitization, However it is notable that only higher punishment by judges is not desirable it is a social evil and if we really determined to uproot this evil from the society then we have to come together, as it is truly said- “बहूनामप्यसाराणाांसमवायो हह दर्ु जयः” (Bahoonaamapyasaaraanaam samavayoo hi durjayah) meaning that “If a large number of people unite for a purpose they become invincible, though each one, by himself is weak.” Another area where much sensitization is required is medical care of victim. The then Minister for Health and Family Welfare, Dinesh Trivedi, had proposed that acid attack victims receive free healthcare and insurance, and concrete steps have been taken to adopt this proposal. From the above discussion it is clear that there's a dire need for a change in mindset, as we know “सताां हह सन्देहपदेषुवस्तुषुप्रमाणमन्तकरण प्रवत्तृ यः ” (Sataam hi sandehapadeshu vastushu Pramaanam antahkarana pravruttayah) (For people of character, when in a dilemma whether a particular conduct or deed is good or bad, their own inner voice or conscience is the final arbiter) if there is to be any hope of reducing and one day not having acid attacks in India. Apart from, all the judicial and legislative changes that can and should be made, what also needs to change is the deep rot in the Indian mindset, the sexist, chauvinist view of women that's engendered and endured through generations due to ignorance, illiteracy and outdated traditions and beliefs. The belief that you can own, control and have some kind of power over another person's life and body needs to be done away with. Acid attacks rob people of their bodies and souls, the medical costs rob them of their life's savings, and their appearance, in a lot of cases, robs them of social acceptance. It's a heart-rending situation that our country's people find themselves in, and it's one that needs to be dealt with at the earliest because no compensation can fill the wound of soul as we know “सामान्याधिकरणांहह तेर्स्स्तममरयोः कुतः ”( Saamaanyaadhikaranam hi tejastimirayo kutah? Means- Where is comparison between light and darkness? There is no comparison at all. From the above discussion it can be conclude that there is dire need to specifically address acid violence and effectively regulate the production, distribution, use, sale, and handling of acid; and also effectively enforce and implement laws designed to deter acid violence.