Acid Attacks – Need For A New Law
Acid has become a common weapon because it is cheap, widely available and can be easily carried, hidden, and used. Moreover, conviction rates in acid attack cases are dismally low. Acid attacks are used as a form of revenge, with the most common reasons for attack being victim’ s outspokenness, a broken love affair, rejection of romance, spurned sexual advances, refusal of marriage, denial of dowry etc. The aim of most acid attacks is not to kill, but to disfigure and debilitate, something arguably more brutal than murder. In such cases, the perpetrator wants the victim to live and suffer physically and emotionally for the rest of her life.
The consequences of an acid attack handicap the victim in almost every possible way. An attack of this nature not only leaves the victim grotesquely disfigured but also traumatized for the rest of her life. It becomes extremely difficult to cope with life after an acid attack. The victim loses her identity and becomes socially isolated. Medical treatment is expensive and time consuming. Therefore, the victim may be forced to give up education, job or other activities in life. Most of the victims find it difficult to get a job. If unmarried, the victim may even find it difficult to get a suitable groom
Incidents of acid attacks in which the perpetrator throws acid at the face of the victim are on rise. Such acid violence have a specific gender dimension in India as a majority of reported victims have been women. While acid attacks constitute only a fraction of the total number of violent incidents against women, they are among the most horrific examples of brutality inflicted on women. The consequences, that follows include extreme pain, permanent scars on the face and body, blindness and in some cases even death. Throwing acid is undoubtedly among the grossest of human rights violations.
Acid has become a common weapon because it is cheap, widely available and can be easily carried, hidden, and used. Moreover, conviction rates in acid attack cases are dismally low. Acid attacks are used as a form of revenge, with the most common reasons for attack being victim’ s outspokenness, a broken love affair, rejection of romance, spurned sexual advances, refusal of marriage, denial of dowry etc. The aim of most acid attacks is not to kill, but to disfigure and debilitate, something arguably more brutal than murder. In such cases, the perpetrator wants the victim to live and suffer physically and emotionally for the rest of her life.
The consequences of an acid attack handicap the victim in almost every possible way. An attack of this nature not only leaves the victim grotesquely disfigured but also traumatized for the rest of her life. It becomes extremely difficult to cope with life after an acid attack. The victim loses her identity and becomes socially isolated. Medical treatment is expensive and time consuming. Therefore, the victim may be forced to give up education, job or other activities in life. Most of the victims find it difficult to get a job. If unmarried, the victim may even find it difficult to get a suitable groom.
Unfortunately in India, there is no separate legislation to deal with acid attacks. The offence is registered under Section 326 of the I.P.C. that deals with the offence of ‘Voluntary causing grievous hurt by dangerous weapons or means’ . Under S. 326, the punishment can be life imprisonment, or imprisonment for a term which may extend to ten years. However, this section gives wide discretion to the courts as far as punishment is concerned. Not surprisingly, both the National Commission for Women and the Law Commission of India have recommended tougher laws to curb acid attacks. Given, the extremely heinous nature of the act, both have suggested a minimum sentence of 10 years and a maximum sentence of life imprisonment. It may be noted here that Bangladesh, where such attacks are common, has introduced strict laws to curb acid attacks including death penalty in the most serious cases. The Bangladesh government has also enacted laws to regulate the sale and storage of strong acids.
However, mere introduction of new laws or an enhancement of punishment for a crime will not solve the problem. It is the certainty of punishment, and not necessarily its severity that deters a criminal. Given, the notoriously slow pace of criminal investigation and trials and the low rate of conviction in our country, the perpetrators gather the courage to commit crimes because they know that their chances of escape are high.
In such a scenario, it is absolutely essential that laws are strictly enforced to make sure that whoever commits crime is punished for it. Public abhorrence of the crime should be reflected through the imposition of exemplary punishment as a deterrent by the courts. Further, keeping in mind the huge medical expenses incurred by the victim, maximum compensation should be extracted from the perpetrator. The sale of strong acids should also be strictly regulated by law. Moreover, the patriarchal mindset of Indian society which tends to legitimize violence, also needs to be changed. Violence against women is deeply rooted in our patriarchal society where men use it as a coercive mechanism to assert their will. I wonder when will men stop treating women as chattels and accept women as individuals with rights and liberties.
Violence against women is deeply rooted in our patriarchal society where men use it as a coercive mechanism to assert their will. Unfortunately in India, there is no separate legislation to deal with acid attacks. The offence is registered under Section 326 of the I.P.C. that deals with the offence of ‘Voluntary causing grievous hurt by dangerous weapons or means’ .
By LawZ Bureau,