Acid Attacks in India: Legal Provisions & Consequences

A 2009 Delhi acid attack case ended in acquittal after 16 years, exposing weak conviction rates, long judicial delays and systemic failures in delivering justice to survivors.

Status of Acid Attacks in India

Incidence Levels: 207 acid attack cases were reported in 2023, up from 176 in 2021, indicating persistent prevalence despite legal deterrence.
Gender Dimension: Women constitute over 80–85% of acid attack victims, with NCRB data consistently showing male perpetrators in the vast majority of cases.
Underreporting Reality: Independent estimates suggest ~1,000 attacks annually, highlighting fear, stigma and family pressure suppressing official reporting.
Regional Concentration: States like West Bengal (57 cases), Uttar Pradesh (31) and Gujarat (15) reported the highest numbers in 2023.

Legal Framework Against Acid Attacks

Specific Criminalisation: Acid attacks are covered under Section 124 of Bharatiya Nyaya Sanhita, 2023, prescribing 10 years to life imprisonment with mandatory victim compensation.
Attempt Penalised: Acid attack attempts attract 5–7 years of imprisonment.
Medical Obligation: All public and private hospitals must provide free emergency treatment, with penalties up to one year imprisonment and/or a fine for non-compliance.
Regulated Sale Mandate: Acid sales are legally restricted through mandatory photo ID verification, maintenance of buyer registers, and oversight by the Sub-Divisional Magistrate (SDM).

Key Implementation Gaps

Low Conviction Rates: Out of 703 cases pending in courts in 2023, only 16 convictions were recorded.
Judicial Delays: Trials often stretch beyond a decade; E.g., the Shaheen Malik case (2009) ended in acquittal after 16 years, despite Supreme Court directions for speedy trial in acid attack cases.
Poor Investigation: NCRB 2023 shows only 86 charge-sheeted cases out of 207 reported, reflecting weak evidence collection, compromised investigations and frequent pressure on survivors to settle.
Compensation Delays: Survivors entitled to ₹3 lakh often receive it after years, delaying rehabilitation.

Consequences for Survivors and Society

Lifelong Disability: Survivors often undergo 20–30 reconstructive surgeries, face blindness and permanent disfigurement, resulting in long-term loss of livelihood and economic independence.
Psychological Trauma: High prevalence of PTSD, depression and social withdrawal, compounded by stigma, prolonged litigation and repeated court appearances.
Erosion of Trust: Low conviction rates (only 16 convictions in 703 cases, 2023) and prolonged trials discourage reporting, normalise impunity and weaken faith in the criminal justice system.

Way Forward

Victim Rehabilitation: Create a national lifelong support fund covering surgeries, counselling and skilling. (Justice J.S. Verma Committee recommendation).
Acid Control: Enforce strict licensing and audits of acid sales; E.g., Bangladesh seals shops within 30 days for illegal sales, reducing attacks from 494 (2002) to 13 (2024).
Judicial Sensitisation: Mandatory gender-sensitivity training for judges and prosecutors; E.g., periodic training modules under the National Judicial Academy.
Fast-Track Justice: Establish dedicated fast-track courts for acid attacks; E.g., Special POCSO courts show faster case disposal and higher victim confidence.

Acid attacks epitomise gender-based violence and systemic failures; as Malala Yousafzai said, “We cannot all succeed when half of us are held back.” Strengthening survivor-centric justice, fast-track courts, rehabilitation, and acid regulation can ensure protection, accountability, and gender equity.

Reference: The Hindu

PMF IAS Pathfinder for Mains – Question 494

Q. Despite a stringent legal framework, acid attack cases in India continue to suffer from delayed trials and low conviction rates. Analyse the causes and suggest reforms for survivor-centric justice. (150 Words) (10 Marks)

Approach

Introduction: Write a contextual introduction about the acid attack in India.
Body: Write causes for delayed trials and low convictions, & suggest reforms for survivor-centric justice.
Conclusion: Focus on a survivor-centred approach to ensure justice and strengthen deterrence against acid attacks.