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2013 Supreme(SC) 1175

SUPREME COURT OF INDIA
R.M. Lodha, Madan B. Lokur and Kurian Joseph, JJ.
Laxmi – Appellant
Vs.
Union of India and Ors. – Respondents
W.P. (Crl.) No. 129 of 2006
Decided On: 03.12.2013

Headnote:

Writ Petition - Sale of acid and other corrosive substance - Rules to regulate - States and Union Territories which have not yet framed rules to regulate sale of acid and other corrosive substances in line with Model Rules framed by Central Government shall do same within three months from receipt of draft Model Rules from Central Government - Three or four States have sought response from public with regard to proposed rules to regulate sale of acid and other corrosive substances, but progress made by other States in this regard is not yet known - It appears that in none of the States and Union Territories such rules are operational - Held, If any other State or Union Territory has taken a decision to provide free medical treatment to acid attack victims, advocate-on-record for such State/Union Territory shall also supply copy thereof to advocate-on-record for Union of India - Advocate-on-record for Union of India shall forward the decision of such State/Union Territory to Chief Secretaries of other States and Administrators of Union Territories as well - In addition to directions already issued and above directions, Chief Secretaries of States and Administrators of Union Territories are directed to issue necessary instructions to Police Stations within their respective State/Union Territory that as and when an FIR is lodged with police relating to acid attack, the concerned Police Station will send a communication to jurisdictional S.D.M. about receipt of such information – Order accordingly.

JUDGMENT :

1. It was observed in the order dated 18.07.2013 that the States and Union Territories which have not yet framed rules to regulate sale of acid and other corrosive substances in line with the Model Rules framed by the Central Government shall do the same within three months from the receipt of the draft Model Rules from the Central Government. The three or four States have sought response from the public with regard to the proposed rules to regulate sale of acid and other corrosive substances, but the progress made by other States in this regard is not yet known.

2. The framing of rules to regulate sale of acid and other corrosive substances is one of the necessary steps for minimising the acid attacks which, of late, is on the rise. It was after series of hearing and orders passed by this Court that finally the Central Government came out with the Model Rules in consultation with the State Governments/Union Territories. The Court hoped, when it passed the order on 18.07.2013, that within three months there-from, all the States and Union Territories shall comply with the directions and put in place the rules to regulate sale of acid and other corrosive substances. It appears that in none of the States and Union Territories such rules are operational. In the circumstances, we direct the Chief Secretaries of the States and the Administrators of the Union Territories to comply with the directions given in the order dated 18.07.2013 and put in place the rules in line with the Model Rules framed by the Central Government to regulate sale of acid and other corrosive substances at the earliest and positively before March 31, 2014.

3. In the order dated 18.07.2013, the Court has given certain directions, by way of interim arrangement, with regard to payment of compensation to the acid victims by the States/Union Territories. The Court has to finally take a call on the measures for the proper treatment, after care and rehabilitation of the acid attack, victims and the States' responsibility in making payment of compensation to them.

4. Ms. Aparna Bhat, learned counsel for the petitioner, has brought to our notice an affidavit filed on behalf of the State of Haryana through Smt. Sarita Malik, Under Secretary, Women & Child Development Department wherein it is stated that the Government of Haryana is in the process of framing a scheme for the medical treatment, short term as well as long term for specialised plastic surgery, corrective surgeries, providing specialised psychological treatment to the acid victims to help them to come out of the horror and trauma of the acid attack and their rehabilitation. It further transpires from that affidavit that a decision has been taken by the State Government to bear 100% cost of treatment on the above account. The Government resolution/order which incorporates the decision of the Government of Haryana to bear 100% cost of treatment of the acid victims is not available on record nor the entire scheme for the medical treatment of the acid victims by the Government of Haryana has been placed. We direct the advocate-on-record for the State of Haryana to place on record within four weeks the State Government's decision to bear 100% cost of treatment of acid victims and also the scheme for medical treatment for the acid victims. The copy of such decision and the scheme shall be also given to the advocate-on-record for the Union of India.

5. The advocate-on-record for the Union of India shall then circulate to all the Chief Secretaries of the States (other than Haryana) and the Administrators of the Union Territories, the copy of the scheme framed by the Government of Haryana for medical treatment of acid victims and the copy of the Government resolution/order issued by the Government of Haryana with regard to the State Government bearing 100% cost of treatment of the acid victims.

6. We direct the Chief Secretaries of the States (other than Haryana) and the administrators of the Union Territories


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