Additional Sessions Judge Amitabh Rawat allowed an application moved by Haider seeking custody parole for appearing for the exam scheduled to take place in November.
The Bombay High Court recently held that an acid attack victim would be considered a person suffering from ‘specified disability’ and therefore entitled to additional compensation, rehabilitative measures and free medical treatment available for persons with disabilities as per the Rights of Persons with Disabilities (PWD) Act, 2016.
Observing this, the court directed the women and child development department of the Maharashtra government to pay within three months the compensation of Rs 10 lakh to a victim of corrosive substance attack.
The HC directed the government to deposit 75% of the compensation amount in a fixed deposit and the credit the remaining amount in a savings bank account of the victim.
The court said that the husband of the victim shall have no access to the fixed deposit and savings bank account of the petitioner.
The court also directed the Mumbai District Legal Services Authority (MDLSA) to assist the petitioner in availing of all other benefits including disability registration, further compensation under National Legal Services Authority (NALSA) Scheme, Prime Minister’s Relief Fund and Central Victim Compensation Fund Guidelines, 2016.
A division bench of Justice Ujjal Bhuyan and Madhav J Jamdar on October 4 was hearing a plea by a city resident having two sons, who was assaulted by her unemployed husband in November 2010 who threw a corrosive substance on her.
The sessions court in November 2011 convicted the husband of attempt to murder under IPC and sentenced him to rigorous imprisonment for 10 years. The conviction was later upheld by the HC in 2015.
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The petitioner, through advocates Aditi Saxena and Rachita Padwal, approached the HC earlier this year, seeking compensation to treat her burn injuries on par with victims of acid attack under the Manodhairya Compensation Scheme of the Maharashtra government.
The state government lawyer submitted that the petitioner was not eligible for compensation under the 2017 scheme and can approach the MDLSA for relief.
After hearing submissions, the bench noted that the PWD Act, 2016 has defined ‘specified disability’, which includes physical disability, visual impairment, hearing impairment, etc. The HC noted that within the category of ‘physical disability’, ‘acid attack victim’ is included and defined as ‘person disfigured due to violent assaults by throwing of acid or similar corrosive substance’.
“Therefore, ‘an acid attack victim’ would be construed to be a person suffering from ‘specified disability’,” the bench held.
Disposing of the plea, the HC observed, “It is really an unfortunate case. Petitioner’s right to lead a meaningful life, a life with dignity, within the meaning of Article 21 of the Constitution of India remains a distant dream. In such circumstances, the writ court will be failing in its duty if it does not direct payment of just compensation to the petitioner as well as to direct rehabilitation measures for the petitioner.”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
