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SUPREME COURT OF INDIA
R.V. Raveendran, A.K. Patnaik, JJ.
Laxmi - Petitioner
Versus
Union of India & Ors. - Respondents
Writ Petition (Crl.) No(s). 129 of 2006
Decided On : 11-02-2011
Acid Attacks - Amendment of Indian Penal Code and Criminal Procedure Code - The court issued directions to the respondents to make appropriate amendments in the Indian Penal Code and Criminal Procedure Code for dealing with acid attacks, to frame guidelines for prosecutions of acid throwers and rehabilitation of acid attack victims, and to regulate the sale of acids to prevent easy availability to offenders.
Fact of the Case:
The writ petition sought directions to amend the Indian Penal Code and Criminal Procedure Code for dealing with acid attacks and to frame guidelines for prosecutions and rehabilitation of acid attack victims. Notices were issued to six States with a considerable number of acid attacks. Section 357A of the Code of Criminal Procedure, 1973 was inserted, requiring the preparation of schemes for providing compensation to victims, but no schemes had been formulated by any State Governments.
Finding of the Court:
The court issued directions to the remaining States and Union Territories to prepare schemes for providing compensation to victims of crimes, particularly acid attack victims. The Home Ministry was tasked with coordinating the implementation of Section 357A, especially with reference to acid attack victims. The Central and State Governments were also urged to consider making provisions for the regulation of the sale of acids to prevent easy availability to offenders.
Issues: Amendment of Indian Penal Code and Criminal Procedure Code, lack of formulated schemes for compensation to victims, and regulation of the sale of acids.
Ratio Decidendi: The court's decision was influenced by the lack of formulated schemes for compensation to victims and the need to regulate the sale of acids to prevent easy availability to offenders.
Final Decision: The court issued directions to the remaining States and Union Territories to prepare schemes for providing compensation to victims of crimes, particularly acid attack victims, and urged the Central and State Governments to consider making provisions for the regulation of the sale of acids to prevent easy availability to offenders.
ORDER :
One of the prayers in this writ petition is to issue a direction to the respondents to make appropriate amendment in the Indian Penal Code and Criminal Procedure Code for dealing with acid attacks. A direction to frame guidelines in regard to prosecutions of acid throwers and rehabilitation of acid attack victims (by providing proper treatment, after care and rehabilitation of victims of acid attacks).
2. Union of India, Law commission of India and National Commission for Women were the three respondents in the writ petition. On 30.10.2009, notices were issued to six States namely, Maharashtra, Karnataka, Tamilnadu, Andhra Pradesh, Haryana and NCT of Delhi where there are considerable number of acid attacks.
3. During the pendency of this writ petition, the code of Criminal Procedure, 1973 has been amended and Section 357A has been inserted by Act 5 of 2009 which requires every State Government, in coordination with the Central government, to prepare a scheme for providing funds for the purpose of compensation to the victims or their dependants who have suffered loss or injury as a result of the crime and who require rehabilitation. Though the said section has come into effect on 31.12.2009 and more than a year has elapsed, we are informed that no schemes have been formulated by any of the State Governments.
4. In these circumstances, we issue the following directions:
(ii) The State Governments, in co-ordination with the Central Government shall prepare schemes as provided in Section 357A for the purpose of providing compensation to victims of crimes, in particular, acid attack victims.
(iii) The Home Ministry, Government of India shall co-ordinate with the States/U.Ts to give effect to Section 357A, in particular, with reference to acid attack victims.
(iv) As one of the matters of concern in regard to acid attacks is the free availability of acids, the Central Government and State Governments may also consider making appropriate provision for regulation of sale of acids so that it is not easily or readily available to offenders.
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