Acid attacks: SC for harsher measures like in dowry death cases

The CJI also suggested attaching the assets of the convicts in acid attack cases so that they can be auctioned and the money be paid to the victim. “You have to take some extraordinary punitive measures. Unless the action is so painful for the accused, this is not going to (end). These are matters where the deterrence theory must be followed. Reformative theory has no place here. One should be extremely harsh, the system, the court and the police,” CJI Kant said.

The bench was hearing a PIL by Shaheen Malik, an acid attack survivor, seeking official recognition and statutory protection for victims.

Malik told the bench that all the accused in her case had been acquitted and she had filed an appeal before the High Court. She said she had been fighting for the last 16 years and urged the Supreme Court to direct the HC to expedite the matter.

She said she was 26 years old when she was attacked with acid and now she is 42. “I gave the most precious years of my life to this battle. I hope at least now the trial will proceed fast and I will know where I stand… Whether I have failed, whether I have succeeded…”

The bench asked her to name any lawyer she wants to be appointed to pursue her appeal and said the court will arrange it at state expense.

The CJI said the SC will see what needs to be done in due course. “Let the notice be issued. Meanwhile, you can tell the name of the advocate. Once you engage the counsel, let’s see how it proceeds.”

In the last hearing, the SC had sought details of pending acid attack cases. The court was informed on Tuesday that 15 High Courts, including Allahabad and Calcutta, had filed status reports in response to the notice.

Referring to the HC affidavits, the CJI said Allahabad has 198 matters while West Bengal has 160. The counsel for Allahabad HC said the 198 matters were pending before various trial courts.

The court asked if the Calcutta HC can constitute dedicated benches to dispose of pending appeals in acid attack cases.

In its order, the SC urged the HCs “to consider the desirability of issuing an administrative decision for expediting and concluding the trial in the matters concerning acid attacks in a time-bound manner on out-of-turn basis”. It also asked “state legal services authorities… to submit a report with respect to the scheme, if any, implemented by them for rehabilitation, grant of compensation and medical aid to the victims of acid attack” and said that “if no such specific scheme has been formulated so far… do the needful and submit a compliance report”.

Malik’s counsel said as far as compensation is concerned, it is already covered under the NALSA scheme.

The bench, however, wondered if they have sufficient funds and how much is being given to the victims.

The counsel said that the compensation is restricted to the medical reimbursement part.

On the query why the assets of the convicts should not be attached permanently and auctioned in a transparent manner so that the proceeds can be given to the victim, the counsel pointed out that since in most of these cases the accused come from the lower strata of society, the chances of them owning immovable property is very less.

The CJI said the court can make it mandatory that when an FIR is registered and a person is taken into custody, the police should simultaneously collect details of the assets of the accused and there will be embargo on creating third-party rights on such assets.

Malik said acid attack is painful beyond the limits, both physically and emotionally. “Lost my identity. 25 surgeries so far. Going to the operation theater every time, so expensive surgeries.” She added that while she can still see with one eye, there are women who have lost both eyes. “There is nothing they can do. No policy to rehabilitate them,” she said.

Following this, the court asked states and Union Territories to furnish details on incidents of acid attack reported year-wise, how many instances of forced ingestion of acid, whether chargesheets in those cases were filed, how many cases have been decided and how many are still pending at the trial stage, particulars of each victim of acid attack, their educational qualifications, current employment status, marital status, medical treatment, details of the expenditure incurred or committed to be incurred by the state on such treatment and on the rehabilitation scheme for the victims of acid attacks.

“Let us get this information, then we will decide what is to be done,” the CJI said, directing that the information sought be furnished within four weeks.