HIGH COURT OF JUDICATURE AT ALLAHABAD Faraha .....Petitioner(s)

Versus State Of U.P. And 2 Others .....Respondent(s)

Counsel for Petitioner(s) : Ali Qambar Zaidi, Mohammad Danish, Mohammad Iliyas Counsel for Respondent(s) : C.S.C.

Court No. - 1 HON'BLE AJIT KUMAR, J.

HON'BLE SWARUPAMA CHATURVEDI, J.

1. Petitioner claims to be acid attack survivor and wants enhanced compensation as well as employment in a Government establishment.

2. Learned counsel appearing for the petitioner has placed reliance upon paragraph 20 of the recent judgement of Supreme Court in the matter of Parivartan Kendra v. Union of India and others in Writ Petition (Civil) No.867 of 2013 in which vide paragraph-20 and 21, it is observed :

"20. Having regard to the problems faced by the victims, this Court in the case of Laxmi v. Union of India & Ors by an order dated 18.07.2013, enhanced the compensation, stating that, “at least Rs.3 Lakhs must be paid to the victims of acid attacks by the concerned Government”. Therefore, a minimum of Rs.3 Lakhs is to be awarded by the Government to each victim of acid attack. In the present case, a minimum amount of Rs. 6 Lakhs has to be awarded to the sisters.

21. In peculiar facts of the case, we are of the view that victim Chanchal deserves to be awarded a compensation more than what has been prescribed by this Court in the Laxmi’s case (supra). Though in this case we are not issuing any guidelines different from the guidelines issued in Laxmi’s case, we should not forget that the younger sister was also injured by the acid attack. Although her degree of sufferance is not as that of the elder one, but she also requires treatment and rehabilitation. It is to be noted that this Court in Laxmi’s case (supra) doesn’t put a bar on the Govt. to award compensation limited to Rs.3 Lakhs. The State has the discretion to provide more compensation to the victim in the case of acid attack as per Laxmi’s case guidelines. It is also to be noticed that this Court has not put any condition in Laxmi’s case as to the degree of injuries which a victim has suffered due to acid attack. In the instant case, the victim’s father has already spent more than Rs. 5 lakhs for the treatment of the victim. In consideration of the severity of the victim’s injury, expenditure with regard to grafting and reconstruction surgery, physical and mental pain, etc., we are of the opinion that the victim (Chanchal) should be compensated to a tune of at least Rs. 10 Lakhs. Suffice it to say that the compensation must not only be awarded in terms of the physical injury, we have also to take note of victim’s inability to lead a full life and to enjoy those amenities which is being robbed of her as a result of the acid attack. Therefore, this Court deems it proper to award a compensation of Rs. 10 lakhs and accordingly, we direct the concerned Government to compensate the victim Chanchal to a tune of Rs. 10 Lakhs, and in light of the Judgment given in Laxmi’s case we direct the concerned State Government of Bihar to compensate the main victim’s sister, Sonam to a tune of Rs. 3 Lakhs. Of the Total amount of Rs. 13 Lakhs, a sum of Rs. 5 lakhs shall be paid to the victim and her family within a period of one month and the remaining sum of Rs. 8 lakhs shall be paid to the victims within a period of three months from the date of this order. Furthermore, the State shall upon itself take full responsibility for the treatment and rehabilitation of the victims of acid attack as per the Guidelines provided in Laxmi’s case, (2015) 5 SCALE 77, vide order dated 10.4.2015. "

3. We are also informed at the bar that Supreme Court has recently asked all the State Governments to frame guidelines for rehabilitation of acid attack survivors and has directed the State Governments to place policy before the Court.

4. It is contended on behalf of the petitioner that though the petitioner had earlier approached this Court vide Writ Petition No.29497 of 2024 in which he was directed to make a repr