CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

ROUGH DRAFT OF

LAW RELATING TO WOMEN AND CHILD

ON

“Victims of Acid Attack”

Submitted to:-

MR. VIJYANT SINHA

( FACULTY WOMEN AND CHILD LAW)

Submitted by:-

Amit Kumar

Roll No. 1007

Sem. 10th

1|Page
 Introduction

Acid attack is not something unheard of in India. It has shocked the conscience of our nation
again and again - with mutilated faces, unbeaten survivors coming to the frontlines to share
their horrific stories, and families driven to bankruptcy supporting recovery costs. The Indian
Penal Code was modified in 2013 for the first time to add regulations tailored to acid attacks.
But have we done enough? Do enough of us care? Why should we care? Why should we care
anymore than we do for general fight for women’s rights and safety in India about acid
attacks? Because acid attack is possibly the worst infliction on another human - leading to
complete debilitation, loss of income and opportunity, and even social sequestration- and it
can happen to anyone, at any time. The means to this evil remain quite accessible to most and
the causes provoking such malice can be unimaginably trivial.

Sonali Mukherjee’s story - attacked while sleeping in her own house for standing up to
harassment - is one that should keep all of us awake as it could have been, or still can be,
anyone. 85% of victims are women, so acid attack can overwhelmingly be classified as
gender violence. For the 15% male victims, the primary cause of attack is property dispute.

What factors allow such attacks? Un-counseled anger and frustration is behind the crimes as
much as pre-disposition to sociopathic traits, and violence and societal chauvinism plays a
significant role (85% of the victims are women). But the real culprit to blame is the ease to
get away with it. Anger over rejection (41% of attacks in India from 2010 - 2013 was from
spurned lovers) causes the desire to lash out and inherent disregard for women in specific and
human suffering in general seeds the thought, but the lax laws - both to limit availability and
to counter the crime - is what lets the perpetrators (who happen to list from white collar
officials to migrant workers) convert their thoughts in to action.

Before insertion of Sections 326A-326B of Indian Penal Code (as recent as 2013), acid attack
could only be prosecuted as violence against women. This tremendously hindered data
availability and made arrest and punishment subjective and lenient. The Indian Penal Code
amendment on the 2nd of April 2013 included provisions for prosecution of perpetrators,
treatment and rehabilitation of the victims, right to self-defense against acid attack and
control of acid sales. The laws however, for sure ‘too late’, might also be ‘too little’ in their
current state.

Section 326A of the Indian Penal Code, 1860 defines:-

2|Page
326A- Whoever causes permanent or partial damage or deformity to, or burns or maims or
disfigures or disables, any part or parts of the body of a person or causes grievous hurt by
throwing acid on or by administering acid to that person, or by using any other means with
the intention of causing or with the knowledge that he is likely to cause such injury or hurt,
shall be punished with imprisonment of either description for a term which shall not be less
than ten years but which may extend to imprisonment for life, and with fine: Provided that
such fine shall be just and reasonable to meet the medical expenses of the treatment of the
victim: Provided further that any fine imposed under this section shall be paid to the victim.
Explanation 1- For the purposes of section 326A and this section, "acid" includes any
substance which has acidic or corrosive character or burning nature, that is capable of causing
bodily injury leading to scars or disfigurement or temporary or permanent disability.
Explanation 2- For the purposes of section 326A and this section, permanent or partial
damage or deformity shall not be required to be irreversible

This section has been recently introduced vide the Criminal Law (Amendment) Act, 2013
and was not there as a statutory provision before 2013.

TENTATIVE CHAPTERIZATION
1. Introduction
2. Cause of Acid Attack
3. Indian Scenario in Past and Present
4. Preventive Measures by the Government
5. Role of NGOs in Supporting and Helping Victims
6. Conclusion

3|Page