ABSTRACT:
Gender- based violence, according to the European Commission, is “violence directed against a person because of that person’s gender or violence that affects persons of a particular gender disproportionately.” Gender-based violence is an extremely serious issue in today’s world and can be seen as a serious violation of human rights. Although gender-based violence affects both men and women; in today’s patriarchal society, women mostly bear the brunt of these crimes. In the Indian demographic, acid attacks predominantly target and affect women. This study aims to examine the complex nature of this crime, by exploring the various socio-cultural, psychological and legal dimensions contribute to this detestable and reprehensible crime. After analyzing the motivations behind such contemptible attacks, the profiles of victims of these attacks and the lack of legal and medical framework resulting in inadequate responses, this study tries to highlight the widespread and prevalent patriarchal norms that are at the root of such monstrous crimes. The research also critically analyses the steps taken by the Supreme Court to curb such violence and poses the question that whether the existing legal provisions are sufficient to combat this crime effectively. The primary objective of the study is to contribute to the ongoing discourse on acid-attacks and suggest some measures to effectively prevent these attacks.
KEYWORDS:
Acid Attacks, Gender-based Violence, Patriarchy, Legal Framework, Honor Crimes, Preventive Strategies.
INTRODUCTION
“Acid attacks” are basically a kind of gender-based violence, in which acid or another corrosive substance is thrown at a personwith the intention of maiming, torturing or killing them. The most common types of acid used in these acid attacks are sulphuric acid, nitric acid, or hydrochloric acid. These are all cheap and commonly used acids. As a result, they are available easily everywhere. Also, acids are used for many purposes in our daily lives, for example- as cleaning agents. So, buying these acids do not raise any kind of suspicion. The wide availability of these acids along with their price make them a popular weapon of choice for jilted lovers and men seeking revenge against women. Most of the time, acid attacks are committed with the intention to cause humiliation, pain and suffering for the victim, and rarely used as a means of killing people. In this inhumane crime, the motive of the perpetrator is to disfigure the victim rather than killing them. Although it may be committed against both men and women, it has a specific target demographic, especially in a country like in India. As per the collected data, the victim of most of the acid attacks have been young women. Due to today’s patriarchal society, too much bearing is placed upon a woman’s physical appearance. As a result, being disfigured is considered worse torture than being dead. Our society’s superficial and flimsy beauty standards have contributed a lot to this spiteful crime.
There is surprisingly a lack of stringent laws in regards to this crime. The lack of strict laws is like a licence given to people to commit these crimes. Most of the criminals who commit this heinous act do so because they think that most likely they will get away with it and even if they do not, the punishment they will face is minuscule as compared to the suffering and torture that the victim will have to go through. This is a critical issue that affects a large number of people in India but unfortunately, there is still a lack of action taken compared to the gravity of this crime.
LITERATURE REVIEW
The 226th Law Commission Report of India discusses the crucial issue of acid attacks. It proposed various changes and gave legal recommendations to specifically address acid attacks. The report emphasized on the support and compensation to be provided to the victims, in addition to the regulation of acid and imposition of severe penalties on the perpetrators. The report also acknowledges the significant challenges in the implication of these recommendations.
An overview of the acid attacks in India is given in the article titled “Corrosive Crime: The Supreme Court’s ruling on curbing acid attacks on women is only the first step”, published in the Economic and Political Weekly. It talks about how, despite Supreme Court’s imposition of several restrictions on the sale of acid, there is still unregulated purchase and sale of acids. It talks about how despite legislative advancements, there are various implementation challenges in the measures given by the Hon’ble Supreme Court of India.
RESEARCH METHODOLOGY
This research paper uses a descriptive approach to provide insight into the subject of ‘Acid Attacks: A Gender-based violence in India’. It gives details about the meaning of acid attacks, the reasons and motivations behind these attacks, the legal frameworks regarding this crime, and the countermeasures taken by the government and judiciary to curb this violence. Secondary sources like research papers, articles, websites and blogs have been used to provide an in-depth analysis of this topic. This paper focuses on the trauma and suffering caused due to acid attacks and seeks to provide a solution to them.
PREVALENCE OF THIS CRIME IN INDIA
The trends in this crime, especially in India, over the years, have been alarming. Since until very recently the Indian police did not register acid attacks as a completely independent and distinct offence, there are no official estimated of this crime. According to the data recorded by the National Crime Records Bureau (NCRB), there was a fluctuation in the acid attacks from 2017 to 2021. In fact, there was a slight decrease in the number of reported cases, from 244 in 2017 to 176 in 2021. However, we cannot be too complacent by seeing these figures as it may be entirely possible that they do not reflect the actual extent of this crime due to underreporting caused by the societal stigma surrounding acid attack victims. Most non-governmental organisations (NGOs) estimate the number of attacks countrywide at around 1,000 attacks a year. Delhi had the highest crime rate among all the metropolitan cities.
From the perspective of gender, it has been observed that predominantly women are the target demographic for acid attacks. Studies indicate that approximately 80% of acid attack victims globally are female, and the majority of perpetrators are male. It is no different in case of India. More often than not, these attacks are motivated by patriarchal notions of honour and misplaced notions of shame-any woman not forcing herself to fit into societal expectations is punished brutally.
Acid attacks are akin to “revenge” or “retribution” for rejections faced by men, or jilted lovers. Usually, young women who refuse the sexual advances or marriage proposals of men fall victim to these attacks.These attacks may also be a part of domestic violence or abuse. They are basically what is known as “honour-based violence.” However, the question of where is the honour in destroying a person’s life still remains unanswered.
LEGAL FRAMEWORKS
- The Criminal Law (Amendment) Act, 2013
The Indian legal system does have certain specific legal provisions pertaining to acid attack. The main law governing acid attacks in India is the Criminal Law (Amendment) Act, 2013. This law introduced amendments to the Indian Penal Code (IPC), 1860. Acid attack is thus, treated as a distinct crime under IPC.
- Section 326A (IPC)- “Voluntarily causing grievous hurt by use of acid, etc.”
This section states that a minimum of 10 years in prison, which can be extended to a life sentence, and a fine will be imposed on anyone who wilfully uses acid to throw, administer, or use any other means to cause permanent or partial damage, deformity, burns, maiming, disfigurement, or disability to any part of a person’s body with the intention of causing such injury or knowing that it is likely to cause such abuse.
Additionally, this clause clearly stipulates that the victim shall receive the fine directly and that it should be large enough to cover the victim’s medical expenses.
- Section 326B (IPC)-Voluntarily throwing or attempting to throw acid
This section states that anyone who throws or tries to throw acid at someone, or attempts to use acid or any other method to intentionally cause permanent or partial injury to that person, will face a punishment which may also be accompanied by a fine.
With the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023, all the provisions pertaining to acid attacks have been included under Section 124 of the act.
- Code of Criminal Procedure (CrPC)
Section 357C of Code of Criminal Procedure (CrPC)- “Treatment of victims”
This section mandates that victims of any offense covered by section 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, or section 376E of the IPC receive immediate free first-aid or medical treatment from all hospitals, whether they are public or private, run by the Central Government, State Government, local bodies, or any other person.This includes victims of acid-attacks. It also directs the hospitals to notify the police of such incident right away, without any delay.
- Supreme Court Guidelines
In addition to all these legal provisions, the SC of India had issued certain guidelines transforming the legal provisions for acid attack victims. This was done after Laxmi Agarwal, a survivor of acid attack, had filed a Public Interest Litigation (PIL) leading to various important results-
- The Supreme Court ordered stricter regulations on the sale of acid. Now, buyers were required to provide identification and a valid reason for purchase.
- The court stressed on the immediate need for rehabilitation and compensation for victims, leading to the establishment of guidelines for victim support
- The judgement in this case depicted the necessity for the Government to monitor and regulate the availability of acid to prevent its misuse.
Besides this, there are various schemes and policies which have been implemented by various state governments for the medical treatment and rehabilitation of acid attack victims. The National Legal Services Authority (NALSA) for example, has various schemes which ensure that the victims of this crime receive the financial assistance they need.
Despite all these existing legal provisions, the journey of seeking justice is not at all easy. The legal processes are very lengthy extremely traumatic for the victims. In addition to this, the victims often encounter social stigma at every step of the way. Some do not even report these incidents due to fear of societal shame. Additionally, the bailable nature of this offense basically undermines the gravity of this crime and deterrent effect of law. The existing legal framework is focused on penalising the perpetrators, without giving much notice to the prevention of these attacks. This is an extremely major lack of oversight on the part of the authorities.
Moreover, very few cases are disposed by the courts after trial. The data collected by NCRB reports that of all the cases of acid attacks in 2016-18, only a miniscule number of cases have been disposed by the courts. The extremely slow nature of the courts in handling these cases have proved that “Justice Delayed is Justice Denied.”
IMPACT ON THE VICTIMS
- Physical and Psychological Consequences
The victims of acid attack suffer from major physical injuries. In addition to the pain of being disfigured, they may also suffer from a plethora of other injuries like loss of vision (permanent or partial or complete blindness), chronic pain, etc. In certain serious cases, the victims may also suffer a slow and painful death. Skin tissue may also melt, leading to the bones of the victim being exposed. The acid may lead to dissolving of the bones in some cases.
In addition to the physical damages, acid attack victims also undergo severe psychological trauma. Their entire life changes. The way that they feel and live also undergo drastic transformation. The victims may suffer from a range of psychological symptoms like depression, insomnia, paranoia, etc. in certain cases, Post Traumatic Stress Disorder (PTSD) is also common. The victims may also at time, feel lonely and detached from the outside world.
- Socio-Economic Consequences
Unfortunately, the society is unimaginably cruel to acid attack survivors. Instead of the perpetrators, the victims are ostracized by the society. They suffer a lifetime of discrimination from society and may often become isolated. Survivors of acid attacks typically struggle to obtain appropriate employment because of their physical disabilities and blurred vision. Acid attack survivors are also usually abandoned by their husbands. Gradually, the survivors become ashamed to go out and lock themselves up in their houses. In most cases, the victims become reliant on other people for financial and basic necessities of life.
CASE STUDIES
- Laxmi Agarwal
Laxmi Agarwal had an acid assault when she was just 16 years old. A 32-year-old man who worked in the neighborhood had contacted Laxmi when she was a seventh-grader. Laxmi turned down his marriage proposal when he made it. Laxmi believed her family might have halted her studies and blamed her, therefore she didn’t tell anybody about these experiences. A few months later, Laxmi saw the same message as she was leaving Khan Market in the morningwhich she ignored. Suddenly, Kamran (Nadeem’s older Brother) and Rakhi (Kamran’s girlfriend) attacked Laxmi with acid, maiming her for the rest of her life.
Laxmi had suffered severe injuries- her whole face had been burned. She had to go through numerous surgeries. Attempt to murder was filed against the men who got convicted by Delhi District Court. However, the convicts later got bail from the Delhi High Court. This devastated Laxmi as the meagre punishment suffered by the convicts was not at all enough to compensate for all the pain and trauma she had faced. Enraged by such developments, Laxmi filed a PIL in the Supreme Court. This Public Interest Litigation targeted the easy and widespread availability of acid, lack of provisions pertaining to acid attacks like the expenses related to surgeries and rehabilitation for survivors. As a result of this PIL, the Supreme Court issued various rules and regulations regarding the sale of acids in India. This was a watershed moment in the history of Indian Legislation.
- Sonali Mukherjee
Sonali Mukherjee was a resident of Dhanbad. She was only 18 years old when she faced an acid attack. She was abused by three men for years- Tapas Mitra, Sanjay Paswan and Brahmadev Hajra. When their ill motives did not succeed, in order to teach Sonali a lesson, they went to her home and threw acid on her face while she was sleeping on the roof of her house with her family. Her sister was also injured in the incident. The three men were sentenced to 9 years of imprisonment by the Trial Court. However, they were granted bail by the High Court of Jharkhand.
The victim, shocked by this injustice, approached various authorities like the Chief Ministers but nothing happened. In 2014, the Jharkhand Government appointed her as a Grade III clerk. She has undergone almost 25 surgeries in 10 years. Her father has lost all his property and savings in her treatment. Due to almost 70% of her skin being burnt, Sonali cannot bear any temperature hotter than 25 degrees and any temperature cooler than 22 degrees. Only when fed up with these endless sufferings Sonali demanded euthanasia, then the media caught attention of her and gave her the platform to make her voice reach the public.
- Pragya Prasun Singh
23-year-old Pragya Prasun faced an acid attack while travelling by train, just 12 days after her marriage. One of her suitors whom she had refused to marry had attacked her with acid. The attacker was later apprehended. Pragya had sustained almost 47% burn injuries. In spite of the magnitude of the crime, the perpetrator received a sentence of only $ and a half years. For the past 13 years, the criminal has been leading a normal life, while Pragya’s life continues to be a struggle – both emotionally and physically.
Pragya, in a admirable show of courage and resilience, has established her own foundation – Atijeevan. True to its name, this foundation provides a new lease on life for acid attack survivors after the traumatic incident. It is a safe place for the acid attack survivors. However, society is still not kind to acid attack survivors. Pragya was told that she could not open a bank account just because of the mere fact that she was unable to blink for KYC registration due to her injuries. It is a shameful demonstration of how society still continues to discriminate and marginalize acid attack survivors instead of making the facilities accessible to them. In fact Pragya had faced similar issues while buying a sim card, where the employees had suggested that she buy a sim card in someone else’s name.
- Preeti Rathi
A 23-year-old nurse, Preeti Rathi suffered a tragic fate in 2013. The offender, an Ankur Panwar, was Preeti’s Delhi-based neighbor. Given that Preeti had turned down Ankur’s marriage proposal, it had been a retaliatory move. Preeti traveled to Mumbai from Delhi in order to start working as a nurse at the INS Mumbai facility in Colaba. The offender threw sulfuric acid in her face when she got off at Bandra Terminus. Regretfully, Preeti passed away from multiple organ failure. Ankur Panwar was given a death sentence for murder in 2016 by a special women’s court. It was the first instance in which the death penalty was applied to an accused person found guilty of an acid attack. Nonetheless, Panwar’s death sentence was commuted to life in prison by the Bombay High Court in 2019.
SUGGESTIONS
The rate of acid attacks should be decreased. Some suggestions to help in combating this crime and helping the survivors are as follows:
- Restraints on the acid sale
Acid is a substance of household use in India. Most middle-class people use acids as cleaning agents as they cannot afford expensive cleansers. Additionally, acid is also used for various industrial purposes. Thus, there cannot be a complete ban on acid, however, certain restraints and limitations should be placed so that not everyone can buy acid at any time. Although the Supreme court has issued certain guidelines, not all of them are followed. There should be stricter vigilance in order to regulate the sale of acids.
- Spreading Awareness
It is extremely important to spread awareness among the masses, else the acid attack survivors will continue to be ostracized and isolated from the society. The victim-blaming mentality should end. Instead of saying, “She must have done something to warrant such crime”, people should instead question the heinous mentality of the perpetrators. There should be specialized jobs through which the survivors will be able to earn their livelihood, instead of being dependent on others.
- Medical and Financial Support
There is still a lack of adequate medical resources. Many cities do not have the proper equipment to treat acid-attack victims. The village hospitals often have to send these survivors to big hospitals in cities, which wastes the crucial time needed for treatment. The surgeries and treatments require a huge amount of money which most people cannot afford. Although there are various schemes in place to help these survivors, most of them are not made aware of it and as a result, are unable to take advantage of these schemes.
- Gender Sensitization
Indian society is currently a deeply patriarchal one. The inequality is deeply rooted in our society. There is an immediate need to create a environment where people understand the concepts of respect, consent and equality.
- Judicial Reforms
There should be provisions for speedy trials so that the victims do not have to suffer through a long and arduous system. The punishments given to the criminals should be stricter.
CONCLUSION
India is a country where women are worshipped in the form of goddesses. However, it is disheartening to realise that heinous crimes like acid attacks happen against women in such a country. Indian culture reveres goddesses, but in reality, the lives of women is scarred with discrimination, violence and stigma surrounding gender-based crimes. Due to these patriarchal notions and a shameful history of victim-blaming, acid attack has emerged as a monstrous crime which is continuing to destroy the lives of numerous women. These attacks not only harm the women but also disfigure and destroy the identity of women. The paradox of worshipping goddesses while at the same time inflicting violence upon women highlights an immediate need for societal reflection and reform. Respect for women must not be limited to religious worship and festivals, it must extend to reality and manifest in actions aimed at protecting the rights and dignity of women. This can only be possible through collective efforts and comprehensible measures-including legal reforms, educational reforms and a cultural shift to gender equality.
“We do not believe in capital punishment. We do not ask for acid attacks in retaliation. All that we are asking for is a change in the mentality of the society.”
~Laxmi Agarwal
-BY PREETYORTHI DASGUPTA
CHANAKYA NATIONAL LAW UNIVERSITY, PATNA