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 Women have a significant role in society.  There are responsible to birth the child, yet they are being to die as a result of the atrocities performed against them. When a woman is trying to come up and speak about her poor status in patriarchal society, she is ostracized in various manner, which includes physical violence, acid attacks and burning them to the death. Acid violence is a horrible crime is frequently being happening against women in order to disfigure or kill them especially in India. It can be said as gender based violence against women in most of the cases, yet attacks are also performed on men but the reasons are different than woman like mainly they are targeted because of the family disputes or in gang wars, there are some case of the refusal to marry where men are targeted by the women and family members of the women. “Acid attacks” is an act of violence which is thrown or poured to the victim’s face or the other part of the body. The crime of acid attack doesn’t happen only in our country as it been taking place throughout the world but this heinous crime is mostly in the country like Bangladesh, Cambodia, Pakistan. [1]

In the Justice Verma Committee Report and in the 226^th Law Commission of India Report mentions that the Acid crimes are distinct gender dimension in India. The most frequently employed acids in attacks are nitric, hydrochloric, and sulphuric acid. Although acid attacks are seldom fatal, they do leave some serious physical, psychological and social scars. The laws have been harsher with passage of ‘The Criminal Law (Amendment) Act 2013’ and after the Supreme Court instructions. However, a 2014 survey found a 300% rise in the overall number of acid attack incidents documented. Our legal and medical institutions have also shown to be inadequate in dealing with such occurrences. [2]

An Article of the author “Vanita Awasthi and Rohit Kumar Gupta” named “A Social- Legal study of Acid Attacks on Women in India” (2015), [3] it mainly focuses on the life story of the survivor ‘laxmi’. The suffering of the victim mentally, physically. It also states about the cases which are unreported and not included in the data of the acid attacks. It also includes about the mentality of the culprit to throw the acid in the public places and crowded areas so that nobody remembers their faces.

The article authored by “Kundan Srivastava” which is “Weak Laws against Acid Attacks on Women in India- Shameful state for Women Organization” (2014), the author here in this article has the view about the status of the women in the society. Firstly he has explained about the definition and meaning of acid attacks. Then he has explained about the motive and reasons behind the attacks. According to him the main reasons is the family disputes, rejection of the love, poor relationship. It also explains about the Gender based crimes and Acid Attacks is one of them. This article also focuses on the sale and purchase of the acid and it says about that should be adequate steps which should be taken to deal with the sale and the purchase. It also explains about the weak laws implemented on the acid attacks. And the guidelines are seems to be confusing the laws.[4]

The author Chinmaya Kumar and Hiranmaya Nanda has authored a research paper “Acid Attack and women in India: A Critical Analysis” (2015) this focus about the increasing number of attacks in the society. The paper explains the Criminal Law Amendment, 2013 and explains the laws which are amended and added which has brought up the changes in the society but the cases are not been decreasing after the amendment.[5]

The book ‘Indian Penal code’ of the author “S.N. Mishra” [6] gives closer look into section of acid attacks, grievous hurt, attempt to murder and with all the punishment and the leading cases to help it.

The book “Constitutional Law of India”, by the author “Narendra Kumar”, describes the “Right to life” which is Fundamental Right of every citizen of the country, which can be infringed by the acid attacks. [7]

Definition and Meaning of Acid Attack

According to a UNICEF research, “Acid attacks are a serious problem all over the world, and children are often victims of acid attacks.” In an acid assault, acid are thrown towards the victim’s face or body with the goal to burn and to disfigure them. The majority of the victims of acid attacks are women, many of them are under the age of 18 years, who have turned down sexual approaches or marriage promises. “The Act of throwing acid upon a person’s body “with the intention of injuring or disfiguring [them] out of jealousy or revenge “is classified as an acid assault or vitriolage. [8]

Vitriolage, also known as acid assault, refers to the act of throwing acid on a person’s body (mostly on women and young girls). In other terms, acid violence is the intentional use of acid to hurt human people.  The Indian Penal Code, 1860, as amended by the Criminal Law (Amendment) Act, 2013, defines acid as "any substance having an acidic or corrosive character of a burning nature, capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability." [9]

Effects of Acid Attacks

Acid assaults have a high survival rate (Acid Survivors Trust International). As a result, victims have devastating impacts that may be roughly classified into three categories: physical, psychological and social and economic.

Physical Effects

The severity of bodily harm is determined first and foremost by the concentration or kind of acid employed in the assault, and secondarily by the length of time the body was exposed to the acid. The longer a body is exposed the more harm it will sustain. Acids are so corrosive that they quickly disintegrate skin, fat, and muscle, and in some circumstances even reach bone and organs. Victims suffer complete or partial destruction of vital body parts such as eyelids, ears, nose, nostrils, mouth, lips, eyes, cheeks, chin, neck, forehead, skull, breasts (including destruction or cessation of development of breasts in young girls), shoulders and hair all of which permanently impair a victim.  Victims are also exposed to harmful vapors emitted by the acid and charred bodily parts. Which in the majority of cases, created a toxic response in a victim’s lungs or enlargement of the neck, leading to difficulties in breathing and death due to asphyxiation. [10]

Victims of the acid attacks faces chronic health repercussions in addition to acute consequences. The burns caused by the acid attacks gives thick scars and causes the skin to damage tighten, victims are damaged partially sometimes permanently with the disfigurement and deformity.[11] The victims faces many issues in their recovery period as they have so are not able to talk because of the acid destroys their vocal nerves;  breathing issues are caused in some of the cases; some loose eyesight permanently; some suffer from the permanent closing of their mouth; not able to hear with the cause of ear damage; their teeth are also melted in some cases; eyelids are burnt in acid which cause them to close their eyes; their hairs and are also burnt in attacks; not able to give movement to the neck as it is stuck to movement in some cases; the inner bodily parts are damaged in the attacks such as lungs, food pipe, vocal grand, etc; arms and the hands movement is lost they are sometime burnt in such a manner that hands lost their ability to work, the skin is leathered in the manner that they causes permanent deformity; the muscles loose their strength to give the movement to the body; the chin muscles are also being burnt. [12] Not only these permanent and partial effects on the body there are certainly more effects which are only been felt by the survivors itself, we can’t imagine the pain the survivors go through. Yes, there are many structural surgeries to reform the parts of the body but yet they can’t make the victim same as they are before the attacks. But it can help to build the confidence in them and to help them with to live peaceful life and to do the daily work and not being dependant on some other person.[13]

Psychological Effects

After the attack, the victim is lost in their pain and with the guilt of not understanding why that has happened?, what could be their life if the attack has not been taken place? What will happen to their future?. There are many more questions which are ongoing in the society between their near and dear ones, which make the mind of the victim weak and their ability to think about the life. And some of the victims tries to commit the suicide after all the mental and physical pain suffered by them. They suffers from the nightmares of the incident which causes fear in them to come out and face the society. The physical effects and psychological effects on the victims can lead them to the depression which is as important to deter as physical pain. Their life’s become so miserable that they feel no motive of living and the societal pressures for woman to look good is no wonder make them difficult to accept themselves and live their life. [14]  

Social and Economic Effects

The victim faces many problems after the attacks to live in society, as the society doesn’t accept them after the attack, people are afraid to see them. They are not allowed in public places as the society doesn’t feel comfortable to sit and even doesn’t want to see them. The victims feels lots of pressure from the society even the family members, relatives, and friends started seeing them with pity, there is nothing like before for them in the family gatherings. They are not invited in beauty parlors, fashion industry as it can cause loose their businesses and people around them doesn’t feel comfortable around them.[15] Some victims are badly burnt that they are totally dependant on some other person from minor tasks of the day. They survivor’s are not able to marry after the attacks even the partners doesn’t accept them after the attacks. They are not able to educate themselves, not able to go to colleges, universities because of the societal pressures on them.[16]  

As we talk about the economic effects on the victim’s they have no means to support them as in early time of the attack the victim required huge amount of funds to go for various surgeries which are supported by the government organizations but some of them doesn’t also get the help from the government for the financial help. They suffer a lot economically they are not able to work to earn and to support them. Family considers them as a burden gradually. They doesn’t have any job opportunities where they can earn no one wants to hire a person who are  not good looking especially in business of fashion, beauty industry, in MNC’s,  etc. they can only work where they are not seen in person, and work less salaries as the common person because of their medical issues. All the cost of the cases which goes in the courts are very expensive and is difficult to prevail justice. It is very slow process in the Indian courts, the victims has to visit for many years with the lots of pressure in the courts.[17]

The Legal System

With the effect of the Amendment passed in 2013, the legal system of India was grossly insufficient to deal with acid assaults since there is lack of mechanism to punish the culprit and the compensation amount is insufficient for the victims, it is given certain amount which is required. After the passing of the Amendment act in 2013, the culprits are being charged on the basis of causing pain, inflicting serious hurt, causing hurt with hazardous weapons (such a hot substances), and causing severe hurt with dangerous weapons such as corrosive compounds, or murder. These are offences which are covered under the Indian Penal Code (1860) which are not wholesome satisfied by the prosecutions due to its wholesome and generalized manner and laws are not enable for the convictions to the perpetrators.

As we know Indian Courts has been always a talk of the town about pending cases in the courts and the work pressure on the Judiciary but the Amendment of 2013 changed and brought and filed with a lot more cases against the women crimes and acid attacks is one of them. Earlier there was no specific charge for acid attacks so the victims had no choice left with moving to the general charges even in the cases of the acid crimes, which was concluded with inconsistency and insufficient punishment to one year imprisonment or fine which is only up to Rs. 10,000, under the Section of 323 before the amendment. Under the grievous hurt of the Section 325 which is punished with the imprisonment of 7 years or fine or both. Section 324 is about the causing hurt with the heated substances, which is punished with the imprisonment for 10 years or the life imprisonment or fine or both and same in the section of 326,[18]  grievous hurt by corrosive substances. In section 302[19] (Murder) if the person is dead it gives punishment of imprisonment for life or death or fine. Which usually is not required as the acid attacks only took place because the culprit doesn’t want to kill the victim as he or she only want to grievously hurt the victim to make the life of the person miserable and hell to live in a simple life.

The crimes of acid sanctioned with upper limit for imprisonment terms, gives the courts freedom to impose for shorter time period for the culprit in the jail and the legislation did not provide and clarify the compensation laws and amount awarded to the victims, so some of the victims does not get any compensation amount at all: (Awadesh Roy v. State of Jharkhand,[20] 2006; Kaur, 2018), in this case compensation was totally not adequate and it is not sufficient for the victim as the victim was only given the mere amount of Rs. 5000 only. Which can not at all help the victim and it is unfair for the victim after what had happened to the victim.  (Ramesh Dey and Ors. v. State of West Bengal[21], 2006), the compensation was provided with the sum of Rs. 2000, to the victim, who has just lost so many things in their life, the sum of Rs.50000 is been provided as a compensation to the victim in this case. (Mahadeva Madeva Shisthu v. The State of Karnataka, 2005).[22] In all these above cases the compensation was awarded that is so inadequate for the victim that is not at all going to help the victim in any f their surgeries of re-construction of the faces and the body parts, as these surgeries are way more costly than any facial surgeries and the victim will also not get any help regarding the psychological effects on their mind after the attack and no personal counseling can afforded by the victim with this small sum of the amount.

After the passing of the Amendment Act of 2013, a lot of problems are solved and improvement is there after the separate offence for the acid attacks cases. The Act further deals with separate offence under the Section of 326 A of The Indian Penal Code, 1860, which has also changed the compensation mechanism and the scheme for victim compensation is improved and it will be included with the fine which is paid by the culprits, the State Government will provide the compensation which will not be included in the fine imposed on the culprit rather it will be provided separately under the Section 357A-B, of The Criminal Procedure Code, 1973.[23]

After the Amendment laws in India is formulated the time period of the imprisonment is minimum of 7 years in case of attempt to throw acid and imprisonment will be minimum of 10 years in case of the acid attack under the section of 326 A and 326 B of The Indian Penal Code, 1860. Under the section of 357C of The Criminal Procedure Code, 1973 which deals with the compensation as form of the fair and free treatment of the acid survivor, which are generally highly expensive. In surgeries the victim has to undergo are reconstruction surgery and corrective surgeries which are done timely depending on the recovery of earlier surgery as it highly risky and timely process which needs funds and not only funds for the surgery the medicine, time to time doctor’s visit should are also included. The Ministry of Home Affairs 2015 here came forward along with the Supreme Court which says about the act which will cover all the treatments but this will not include the psychological treatment of the victim’s. [24] The courts hadn’t made it clear about this act about of compensation is paid by the culprit wholly by himself or he or she should pay minimal amount as fine. In case of Laxmi v. Union of India[25] in 2014, the compensation was provided to the victim as a sum of Rs. 3 lakhs, In which Rs. 1 lakh is paid within 15 days of the attack and Rs. 2 lakh is paid within two months of the attack for the rehabilitation. In this case it has also established the regulation on the sale and purchase of the acid in which the person will not be able to purchase acid below the age of 18 years without the name and identification, address of person, purpose of buying acid and the seller will not sell the acid without the identification and should maintain a log register about the amount of acid sale and date of the sale with the photocopy of the identity proof of the buyer.

The court in the laxmi’s case has not enlightened about the amount of compensation which should be not more than Rs. 3 lakhs or court has the discretion to raise the compensation amount then further it was cleared in case of Parivartan Kendra v. Union of India[19] the amount of the compensation should be decided by the court and it can be raised more than Rs. 3 lakh, which will depend on the case.

1. Ahmad, N. (2011). Acid attacks on women: an appraisal of the Indian legal response. AsiaPacific Journal on Human Rights and the Law, 12(2), 51-65.

2. Bajpai, M., & Singh, S. (2015). Acid attack: a burning issue in India. Galgotias Journal of Legal Studies, GJLS VOL III, No. 2

3. International Journal of Research and Analysis, Vol. 2, Issue 6, 2015.

4. Universal’s Compendium Reports of the Law Commission of India, (Vol. 18 , 202nd to 234th Report, 2nd edn., Universal Law Publishing Company, New Delhi, 2010).

5. Global Journal for Research Analysis, Vol. 4, Issue 7, 2015.

6. Central Law Publications, 21st edn., 2018.

7. Lexis Nexis, Faridabad, 8th edn reprint.,2020.

8. “Dr. Harish Verma(2012). Acid Violence against Women and its Socio-Legal Implications: The Indian Perspective, Civil and Military Law Journal, 48(3), 197-207”

9. Manmohan Singh, The Indian Penal Code, 267 (Integrity Education 1st edn., 2022).

10. Law Commission of India, 226th Report: The inclusion of acid attacks as specific offences in the Indian penal code and a law for compensation for victims of crime (July, 2008)

11. Dolly Singh , “Handbook of Rights of Persons with Disabilities Act, 2016: A Brief Description of 21 Disabilities 40 ( Kanishka Publishers, India, 2020).

12. Dissanaike, S., & Rahimi, M. (2009). Epidemiology of burn injuries: highlighting cultural and socio-demographic aspects. International review of psychiatry, 21(6), 505-511.

13 Ibid.

14. Patel, M. (2014). A desire to disfigure: Acid attack in India. International journal of criminology and sociological theory, 7(2), 1-11.

15. Bajpai, M., & Singh, S. (2015). Acid attack: a burning issue in India. Galgotias Journal of Legal Studies, GJLS VOL III, No. 2

16. Ministry of Home Affairs. (2015, Apr 20). Advisory on expediting cases of acid attack on women.

17. Kannadasan, A. (2015, Mar 6). Look at the face of courage. The Hindu

18. The Indian Penal Code, 1860 (Act No. 45 of 1860) (Oct, 6, 1860).

19. The Indian Penal Code, 1860 (Act No. 45 of 1860) (Oct, 6, 1860).

20. Cri.App.0568 of 2006. (Jharkhand High Court. 2006)

21. (3) CHN 775. (Calcutta High Court. May. 16, 2007).

22. Cri. App. 2273 of 2005. (Karnataka High Court. 2005)

23. K.N.Chandrasekharan Pillai, Criminal Procedure 126 (EBC, India 7th edn., 2020).

24. Ministry of Home Affairs. (2015, Apr 20). Advisory on expediting cases of acid attack on women. (2014) 4 SCC 427.

25. 3 SCC 571. (Dec. 7, 2015)