Answer

Introduction

Acid attacks in India constitute one of the most degrading forms of violence, imposing lifelong physical and social suffering on survivors. Despite legal reforms, procedural delays and societal stigma remain persistent barriers. Judicial interventions have become crucial in addressing these structural gaps.

Body

Legal Challenges Faced by Acid Attack Victims

• Slow Investigation and Delayed Trials: Police often fail to file charge sheets on time, and trials stretch over years.
  Eg: In State of Uttar Pradesh v. Wasim (2023), the SC noted that acid attack trials commonly exceed 5–7 years, worsening victims’ trauma and financial burden.
• Inadequate Regulation of Acid Sale: Despite SC orders (2013), enforcement of licensing, tracking, and sale of corrosive acids remains weak.
  Eg: NGOs report that acid is still sold in open markets for as low as ₹50, enabling impulsive crimes.
• Insufficient Compensation and Rehabilitation: States often delay the mandatory compensation of ₹3 lakh under the Victim Compensation Scheme.
  Eg: Delhi HC (2018) pulled up authorities for failing to disburse compensation even six months after the incident.
• Limited Access to Medical and Reconstructive Treatment: Many districts lack burn units, and victims often must travel long distances for surgeries.
  Eg: Laxmi v. Union of India (2013) revealed poor compliance with directions mandating free treatment and equitable access in govt. hospitals.

Social Challenges Faced by Acid Attack Victims

• Stigma, Isolation, and Victim-Blaming: Survivors are often ostracised due to disfigurement, with women disproportionately affected.
  Eg: Stories documented by The Hindu highlight victims being told to “stay indoors” to avoid public shame.
• Barriers to Education and Employment: Physical appearance and frequent surgeries make reintegration difficult.
  Eg: Many victims rely on NGOs (e.g., Chhanv Foundation) to obtain employment opportunities such as café work (Sheroes Hangout cafés).
• Long-Term Psychological Trauma: Repeated hospital visits, disfigurement, and social rejection lead to depression, PTSD, or anxiety.
  Eg: A study by the National Institute of Mental Health (2021) found that over 70% of survivors exhibit long-term psychological distress.
• Economic Hardship Affecting Victim and Family: Survivors require multiple surgeries costing ₹5–15 lakh on average, leading to debt or job loss.

Role of the Judiciary in Addressing Acid Attacks

• Strong Legal Framework Through Judicial Intervention: The SC in Laxmi v. Union of India (2013) directed: Regulation of over-the-counter acid sale, Mandatory minimum compensation of ₹3 lakh, Free medical treatment in government hospitals.
  Eg: This landmark ruling triggered legislative amendment creating Sections 326A and 326B IPC.
• Supreme Court’s Concern Over Slow Trial Pace: SC (2024–25 observations) noted “unconscionable delays,” stressing that acid attack victims require swift justice due to lifelong suffering.
• Call for Specialized Fast-Track Courts: The SC emphasised the need for dedicated special courts for acid attack cases to ensure uniformity and speed.
  Eg: The Court suggested integrating these courts with existing POCSO/fast-track systems for efficiency.
• Judicial Push for Comprehensive Rehabilitation: Courts have insisted on: Free surgeries in private hospitals (in exceptional cases), Priority in government jobs, Educational support, Dignified reintegration mechanisms.
  Eg: Madras HC (2022) ordered lifetime pension for a survivor based on Right to Life (Article 21).

Conclusion

While judicial interventions have strengthened the legal framework for acid attack cases, persistent gaps in enforcement, trial delays, and inadequate rehabilitation continue to impede justice. Establishing specialised fast-track courts, strict regulation of acid sale, and comprehensive support systems are essential to ensure dignity, protection, and long-term empowerment of survivors.

DOWNLOAD PDF