Loopholes and Solutions of Acid Attack

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ACID ATTACK

LOOPHOLES:

The law commission of India in its 226th report has asserted that the majority of acid attack victims are
women – “particularly young women for spurning suitors, for rejecting proposals of marriage, for denying
dowry etc. The attacker is not able to take the fact that he has been rejected by the women and seeks to
destroy the body of the women who has dare to stand up to him. A renowned academician Afroza Anwari
in his study emphasized that how acid is used by men on women as a mark of their masculinity and
superiority over women to keep women in their place 14. Acid is used as weapon to silence and control
women by destroying what is constructed as the primary constituent of her identity. Anwari in his study
further maintained that in patriarchal and conservative societies, overemphasis is laid on marriage of a girl.
Women have been limited to their virginity and fair complexion. Her romantic relationship prior to her
marriage is odious15. When the girl turns down the proposal of vengeful lovers for marriage or is rejected
by the family of hers, they resort to acid attack. There is also an economic aspect to acid attacks in view of
globalization. The financial independence of women in a society of unemployed men creates antagonism in
them.

“Deteriorating economic conditions, high unemployment rates among male bread-winners, the growing
number of powerless households, and the absence of pastoral work for male labourers” are the major
reasons for their pique. Thus, women who are burdened with the onus of earning for the family are often
made victim of acid by their husbands and In-laws when they fail to live up to their expectations as
homemakers in their conservative sexual roles. Property disputes are another cause for such violence on
women. The motivation of acid attacks on women can be attribute to various factors and feelings. Some
men throw acid on women in order to demean them, some do to show their superiority over the women.
Men want their everlasting control over women’s fate.

Study of Indian News Reports, from January 2002 to October 2012 uncovered that victim’s rejection for
love and marriage proposals motivate attacks in 35% of the different new stories, providing an intention for
the attack16. Furthermore, leading organization working for acid attack victims published another report.
The Campaign and Struggle against Acid Attacks on Women (CSAAAW) found that sexual harassment or
assault in response to a women or girl refusing such advances or demanding that the violence should stop
often precede such attacks. This shows the society’s outlook on the women. Women still cannot fight for
the rights which are in still in every person from their birth. In a patriarchal society woman is guided by the
males and cannot take her own decisions or make her own choices. Women complexion her size is
considered as the beauty of her which is why it gives much pleasure for the men to throw acids on the
women in order to destroy their body and dreams. It comes from the thinking “If I can’t have you, nobody
else would. Another reason may be dowry problems or other marital problems. Though taking dowry is a
punishable offence, but still it is largely prevalent in many areas. It is considered as the duty of the bride’s
family, and has to suffer a huge social stigma if not complied with. In India, many women have claim that
they are attacked with acids due to failure to meet the monetary expectations of them in laws. The study of
the newspaper reports in India, exhibits nearly 20% of the attacks are occurred between unrelated people,
due to business rivalry, sales disputes, land quarrels or due to families reprisal. 17.

 However, whilst self-immolation or setting a woman on fire are considered by some as upright, the
transformation of these types of traditions into the recent days burning of brides over economic greed, is a
perversion of the auspiciousness of Sati. Kerosene, most often used as the ignition fluid in Dowry Violence,
is commonly found in kitchens in India and is cheap, legal, and accessible. In cases where Dowry Deaths are
investigated, often they are classified by authorities as Dowry Accidents whereby a stove has burst or there
is a kitchen accident.

 Thus, from the above discussion it can be conclude that the men resort to acid attack as a means to
intimidate women and to impose their authority on her. Such types of ferocious attacks foster his male ego
and make him feel that he is the honoured maker of God and has created the male-controlled society.
Females between 11 and 30 years are the most vulnerable to such attacks, in 36% of the acid violence
women are attacked for refusing the marriage proposals. Therefore, the main cause that is seen to be
behind acid attack is rejection for sexual advances.

SOLUTIONS:

 An acid attack case in Bangladesh is now tracked speedily, so much so that investigations are
required to be completed within 30 days. If the investigating officer needs more time, the court has
to be informed. Further, the case has to be decided within 90 days. Another factor is that
unlicensed production, import, transportation, storage, sale and use of acid can offer a jail term
from three to ten years in the region. This law is not only practised without fail, but has also led to a
reduction of this crime over the years.

 Another country we can learn from is Colombia. The country, after a brutal attack on Natalia Ponce
De Leon in 2014, had within two years passed a law named after her, making penalty for acid
attacks comparable to that for homicide.

 These acid attacks also happen at large because the country does not treat the perpetrators more
severely. The survivors, on the other hand, are not treated generously by the society, adding to
their troubles.

 When it comes to safety of women, India has a long way to go and multiple measures to take. Acid
attacks, however, have been shocking the conscience of the nation time and again. With several
efforts already lined up, several more need to be put in place to completely eradicate the country of
this barbaric crime.
 It was only in 2013 the justice system acknowledged the seriousness of attacks on women. Separate
sections were introduced in the Indian Penal Code – 326A and 326B – to deal with acid attackers.
The offence was made non-bailable with a specification of a minimum of 10 years to life
imprisonment on proven guilty.
 As per law, acid in India can only be sold by licensed shops. The law requires shopkeepers to
maintain records of the quantity sold and to whom. Also, the sellers are required to submit all these
details to the local police within three days of the transaction. This, however, is rarely followed.
 The SC in 2013, while ruling on the case of acid attack survivor Laxmi Agarwal, called for regulation
on acid sale. It directed state governments to frame a policy for the welfare of victims. The SC also
ruled that state governments should hand over Rs 3 lakh as compensation for survivors and ensure
free treatment at any hospital.
 In 2016, The Rights of Persons with Disabilities Act was revised so as to include acid attack survivors
as physically disabled. This aimed to provide access to education and employment, with 3 per cent
of government jobs reserved for such survivors. However, there’s not much done below the surface
with several survivors still unemployed and dejected.
 Apart from the judicial and legislative transitions, the Indian society has to undergo a huge change
when it comes to addressing patriarchy – the root cause of male entitlement and power. The sexist,
chauvinist, uneducated practices need to be dismantled if we want to make this society safer for
women.
 Rehabilitation efforts towards survivors may be improving, but we need to solve this issue at its
very core.
 Also, many enterprises that use acid belong to the unorganised sector. Acid, which is used right
from toilet cleaning, to jewellery making and in battery shops, car and auto service garages,
continues to be easily available thereby.
 As per law, a shopkeeper can be fined Rs. 50,000 if one doesn’t submit acid purchase records within
three days to the police. However, this is hardly ever enforced.

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