Recently, the Supreme Court expressed shock that an acid attack survivor has not received closure even after 16 years.
Background Case
- Survivor: Shaheen Malik, attacked in 2009 (Haryana) while pursuing MBA.
- Case moved from Haryana to Rohini Court, Delhi — trial still pending, final arguments ongoing.
- Ms. Malik underwent multiple surgeries and founded Brave Souls NGO (2021) which offers medical and legal support to acid attack survivors.
- Filed PIL:
- Recognition as persons with specified disabilities: Seeking recognition of acid attack survivors as persons with specified disabilities under the Rights of Persons with Disabilities Act, 2016.
- Notice to Victims Who are Fed Acid: She was bringing the Court’s notice to those acid attack victims who had been forcibly fed acid and were not marked for life like others who had acid thrown at them but nevertheless lived with terrible suffering.
- Concerning Data: According to latest National Crime Records Bureau data, there were 207 incidents of acid attacks across the country in 2023, with West Bengal topping the list with 57 cases, followed by Uttar Pradesh (31).
SC’s Key Observations
- CJI’s Call for an Ordinance: The CJI asked the Centre to consider issuing an ordinance to strengthen legal measures against acid attacks.
- Data Collection and Special Courts: The CJI has asked Registrar-Generals of High Courts to submit details of all pending acid attack trials and proposed setting up special courts to conduct day-to-day hearings, ensuring faster and focused adjudication of such cases.
Legal Background
- Laxmi vs Union Of India and Ors.: The Court had directed the government to ensure that acid attack victims got proper treatment, aftercare and rehabilitation, also asking it to look into the banning of sale of acid across the counter.
- Section 124 of the Bharatiya Nyaya Sanhita: This section replaces IPC 326A/326B and penalises acid attacks with 10 years to life imprisonment plus a fine covering the victim’s medical costs.
- Yet, convictions remain low due to witness fear and weak police investigations.
Conclusion
Acid attack survivors still face delayed justice, poor investigations, and weak support. Stronger laws must be paired with speedy trials, witness protection, and assured rehabilitation to ensure survivor-centric justice and restore their dignity after this brutal violence.