Need some harsher approach in dealing with acid attack case: Supreme Court

New Delhi: The Supreme Court on Tuesday told all states and union territories to provide a slew of information, including the year-wise details of the number of acid attack cases and their status in courts, besides the rehabilitation measures to support the victims.

A bench of Chief Justice of India Surya Kant and Justices R Mahadevan and Joymalya Bagchi said that there is a need for a harsher approach in dealing with acid attack cases, and reformative theory has no place in such crimes. The court felt that if an accused cannot pay compensation, their assets should be attached and auctioned to ensure relief for the victim.

A plea was filed by Shaheen Malik, an acid attack survivor, who sought expansion of the definition of disabled persons under the law to ensure that the victims who suffered life-threatening damages to their internal organs due to forced ingestion of acid get adequate compensation and other reliefs, including medical care.

Emphasizing that some extraordinary punitive measures are needed beyond the letter of the law, the bench observed, "If the accused cannot pay compensation, why not attach all assets and then be auctioned to pay off the victim."

"Unless the action is painful for the accused, it will not work," the bench said, adding a different theory must be followed as reformative theory has no place here.

"One should be extremely harsh: the system, the court, and the police," the bench added.

Recounting her ordeal, Malik said, "I lost my identity, underwent 25 surgeries, and each visit to the operation theatre was extremely painful. At least I can see with one eye, but many women have become blind after acid attacks. There is no rehabilitation policy for them."

The court sought information regarding incidents of acid attacks reported (year-wise); whether chargesheets in those cases were filed or not. 

"How many cases are decided and how many are pending at the trial stage," the court asked.

The bench also sought information about the number of appeals filed in appellate courts, including the high courts, in such cases.

The bench asked states governments to also provide brief particulars of each victim, her academic qualification, current employment status, and marital status and the medical treatment and the expenses incurred or to be incurred. It also asked states and UTs to provide details about the rehabilitation scheme for such victims.

The bench also asked the Centre to consider whether new laws or legal changes were required to deal with acid attacks more effectively.

The court told Additional Solicitor General Archana Pathak Dave, "Think of some legislative intervention. This is not less serious than dowry death also."

The bench asked states to provide details of the cases where victims are forced to ingest acid, within four weeks.