ABSTRACT
Violence against women can be perpetrated in both ways i.e., mentally and physically. This paper talks about the exact same violence called acid attack also stating the obvious on the ban on sale of acid which has failed explicitly in the current market.
This burn is not only on the skin but as well on the mental health of the girl. This heinous crime against women is motivated by gender. Acid attacks not only cause psychological trauma but also cause excruciating pain, permanent disfigurement, follow-up infections, and frequently blindness in one or both eyes The prevention of acid attacks and rehabilitation of acid attack victims Bill 2017 – SECTION 2(b) acid attack victim” means a woman on whom acid has been poured or sprinkled with the intention of causing bodily injury or disfigurement and who, as a consequence of such act, has suffered any bodily injury or disfigurement effected by chemical action of the acid.[1]Acid attack is defined as “any act of throwing acid or using acid in any form on the victim with the intention of or with knowledge that such person is likely to cause to the other person permanent or partial damage or deformity or disfiguration to any part of such person’s body” by the National Commission of India.
INTRODUCTION
The gender-biased violence hasn’t stopped even though there is a well-drafted legislature in regulating the sale as well as the use of the acid in certain environments. The discretion was given to the government officials in case of noncompliance of the rules and regulations. The absence of action has caused another woman’s face to be discarded and the rest is history.
The landmark judgement in Laxmi vs Union of India 2014 4SCC 427 the substantial question of law that arose was. Does section 326 of the Indian penal code apply to acid attacks or the use of corrosive substance The judgment in the case has brought provision section 326A [ Voluntarily causing grievous hurt by use of acid] and 326B. The judgement has also regulated the sale of acid in India laid down guidelines as well. Given the statistics by the national crime bureau in 2021 – 176, 2020 – 182 , 20in 19 – 249 , 2018- 228 .West Bengal and Uttar Pradesh consistently record the highest number for nearly 50% of all cases respectively .
THE BAN-
The prevention of acid attacks and rehabilitation of acid attack victims 2017
SECTION 3. (1) No person shall engaged the business or trade of production, import, storage, sale or delivery or transport of acid of any intensity unless he obtains the license issued by an appropriate authoirty in such manner as may be prescribed to carry on such business or trade.
(2) Every such person engaged in the business or trade of acid shall maintain appropriate records regarding the quantity of acid and its concentration and chemical composition.
(3) No person shall sell or otherwise deliver to a person an acid of higher concentration than the prescribed degree for the intended use by such person.
(4) No person shall sell or otherwise deliver acid to a person without keeping a record of his identity, the quantity of acid and the purpose for which the acid is to be used.
In a recent case, The unpredictability of life has led another young girl, 17 years old a victim of a heinous crime in the capital of India. She was attacked with a substance that resembled acid, and as a result she sustained 8% burns facial and neck disfigurement.
The legal provision provided by the government of India on the sale of acid was given precisely in the judgement but how long does it take for a provision of law to be enacted on the land. Sources state that the sale of acid consumed by the accused was sold on an e- commerce platform Flipkart. This is how easily acid is sold in our country, the well-known e – commerce platform used by thousands of Indians. The e- commerce platform has also violated the consumer protection act 2019 Section 2(9) and also the consumer protection ( E- Commerce ) Rules 2020 Section 3(4), human rights as well as composite negligence by the public servant failing to perform his duties in a discreet manner. There are many violation but this not about any violation is about a lady face her body.
Provision of law
The prevention of acid attacks and rehabilitation of acid attack victims 2017
The object of this bill is “to provide for prevention of acid attacks by regulation of sale, supply and use of acid or other measures and rehabilitation of women victims of acid attacks and matters connected therewith or incidental thereto[2].” The enforced law has received another violation and a survivor of the heinous crime has approached the court stating- The petitioner argued that despite the rise in such horrific attacks brought on by easy and unrestricted access to acid, the fundamental reality remained unchanged. The petitioner conducted a fact-finding survey within the city by recruiting interns and volunteers, including minors, who were able to easily purchase acid from almost every location in the national capital, in order to ascertain the current situation and highlight the “inefficiency” on the part of the Delhi government in limiting and regulating the sale of acid.
This is one the of the cases that has been brought to the naked eye, there multiple cases all around India i.e. A 22-year-old man who attacked a young girl with acid in Kanakapura town and then vanished is wanted by police in Karnataka’s Ramnagar district, according to officials. The victim has been admitted to Bengaluru’s Minto Eye Hospital, where the doctors have warned that she could lose an eye, the police say.
She and two other people were hurt at the district court complex when a man allegedly threw acid on his wife. Kavita had arrived at the court this morning in preparation for a case hearing when the incident took place, according to the police.
These are examples of acid attacks that have occurred in well-known locations, including the national courthouse,given the statistics is contrary to the provision provided by the Indian penal code
CONCLUSION
The sale is what governs the heinous crime which no women shall endure Although an acid attack can be committed against either a man or a woman, it has a particular gender dimension in India. The majority of reported acid attacks have been carried out on women, especially young women, who have rejected marriage proposals from suitors. The attacker, who is unable to accept being rejected, tries to kill the woman who had the temerity to oppose him. It is not surprising that States with patriarchal leanings have a higher incidence of acid attacks.
The victims of acid attacks keep rising day by day and the conviction of it is very low. proactively outright, this is no longer a gender-based violence; it affects both men and animals in today’s society.
The root cause of the acid attacks is the sale of the substance and the government fail to check and regulate the law correctly in the market. Therefore, the sale of the acid should comply with the provisions of the Indian penal code and failure to do so should result in severe penalties. A soul cannot comprehend the pain as the face and body of the acid struck victim is disfigured by a liquid substance with in a fraction of second. The pain mentally and physically that these victims have to live through is unimaginable. The hope of not witnessing this heinous crime should not be outlived by the fear of the sale. Justitia nemini negada est (justice is to be denied to no one)
[1] http://164.100.47.4/billstexts/rsbilltexts/AsIntroduced/Acid%20atak-4817-E.pdf
[2] http://164.100.47.4/billstexts/rsbilltexts/AsIntroduced/Acid%20atak-4817-E.pdf
