Ban on Sale of Acid in India: Overview

[YAGAY andSUN]

In India, acid attacks, particularly on women and girls, have been a grave concern. To combat this, the sale of acid has been increasingly regulated, leading to the introduction of various laws, notifications, and landmark judgments. These measures aim to protect vulnerable sections of society and ensure accountability for those selling acid without any restriction.

Introduction and Background

Acid attacks in India, particularly on women, have been a persistent issue. These attacks often occur due to personal vendettas, dowry-related disputes, or other social tensions. Victims of acid attacks often suffer severe physical and psychological trauma. As a result, the government has been taking steps to curb the misuse of acid.

Acid attack: An acid attack refers to the act of throwing acid or a similar corrosive substance onto a person’s face or body with the intent of inflicting harm. The acid causes extensive damage to the skin, eyes, and other tissues, often resulting in permanent disfigurement and lifelong suffering for the victim.

The issue of acid attacks gained national attention in the early 2000s, prompting the Indian government to review its policies on the sale and regulation of acids.

Acid Attack on Girls/Women

Acid attacks disproportionately affect women and girls, with many cases arising from domestic violence, revenge, or rejection of romantic advances. Acid attacks are not only physically debilitating but also cause lasting social stigma for the victim, often leading to depression and a sense of isolation.

Some of the common motives behind acid attacks include:

• Dowry disputes: In some cases, women face acid attacks due to the non-fulfilment of dowry demands.
• Revenge: Rejection of sexual advances or romantic proposals can sometimes lead to such brutal acts.
• Domestic violence: Often, partners or family members may use acid to control or punish the victim.

Notifications and Regulations on Sale of Acid

To curb the misuse of acid, the Indian government and judiciary have implemented regulations restricting its sale. Notably, acid is considered a hazardous chemical under Indian law, and the sale of such chemicals is strictly monitored.

1. Supreme Court Ruling (2014): The Supreme Court of India, in 2014, issued a landmark judgment to regulate the sale of acid.

This judgment laid down guidelines that:

1. • License requirement: Vendors wishing to sell acid must obtain a license.
   • Age limit: Acid must not be sold to individuals under the age of 18.
   • Sale record keeping: Vendors must maintain records of acid sales, including the buyer's name and address.
   • Restricted sale: Acid could only be sold to authorized and identifiable buyers, with reasons for purchase recorded.
2. Consumer Protection Act, 2019: The amendment to the Consumer Protection Act in 2019 empowered authorities to curb the sale of dangerous substances like acid. The government mandated that e-commerce platforms must verify the identity of buyers and ensure that acid sales occur in accordance with the law.
3. Ministry of Home Affairs Notification (2013): The Ministry of Home Affairs issued a notification to regulate the sale of acids and corrosive substances. The regulation stated that acid could only be sold by authorized vendors with appropriate licensing and that it could not be sold over the counter without documentation.
4. Additional Restrictions: Several states, including Delhi, have implemented additional regulations to regulate acid sales, including the mandatory recording of all sales and the prohibition of sale via unregistered vendors.

Landmark Judgments Related to Acid Attacks

1. Laxmi vs. Union of India (2014): One of the most pivotal judgments was the Laxmi vs. Union of India case, [2014 SCC 4 427 Date of Judgment 10.04.2015, Bench M B Lojur, U U Lalit]. in which the Supreme Court of India addressed the issue of acid attacks. The victim, Laxmi, had suffered severe burns in an acid attack, and her case led to significant legal reforms.

The Court directed the government to ensure the following:

1. • Regulation of Acid Sale: The court mandated the establishment of strict guidelines for the sale of acid, requiring proper documentation and permission before any purchase.
   • Compensation: The court ordered the government to provide a minimum compensation of ₹3 lakhs to victims of acid attacks.
   • Rehabilitation: The judgment emphasized the rehabilitation of acid attack victims, including free medical treatment, legal aid, and psychological counselling.
2. Supreme Court Directives (2015): Following the 2014 ruling, the Supreme Court directed states and union territories to follow the guidelines on acid sales and to take strict action against those violating the law.

Public Interest Litigations (PILs)

Several Public Interest Litigations (PILs) were filed, resulting in a wave of reforms aimed at acid attack victims, including the implementation of state-level committees to monitor the situation and improve victim support. PILs have also been instrumental in pressuring both the government and private platforms to adhere to regulations.

Acid Sale by E-commerce Portals

With the increasing use of e-commerce, the sale of acid and other harmful chemicals via online platforms became a growing concern. To address this:

1. PIB Issued Notifications on E-Commerce: The Press Information Bureau (PIB) issued clarifications regarding the sale of acid through e-commerce portals. These guidelines ensured that:
   • Verification of buyers: E-commerce platforms are required to verify the buyer’s identity and ensure they meet the necessary criteria to purchase acid.
   • Strict action on violations: Platforms failing to comply with the regulations would face penalties, including the blocking of listings related to acid sales.
2. E-Commerce Platforms' Responsibility: E-commerce companies such as Amazon, Flipkart, and others were tasked with ensuring the sale of hazardous substances like acid was regulated. They were required to implement robust systems for identity verification and to confirm that purchases align with legal regulations.

Legal and Statutory Provisions Against the Sale of Acid

India has implemented various legal measures to control and regulate the sale of acid, with the aim of preventing its misuse and reducing the occurrence of acid attacks. The statutory provisions and legal frameworks established by the government and judiciary include:

1. Supreme Court Ruling (Laxmi vs. Union of India, 2014)

The Laxmi case is a landmark judgment that laid down significant guidelines for the regulation of acid sales. The Court issued the following directives:

• License Requirement: Acid can only be sold by licensed vendors, ensuring that only authorized sellers can deal with corrosive substances.
• Buyer’s Identity: Acid can only be sold to individuals over the age of 18, and the sale must be documented with proper records of the buyer's identity, address, and the purpose of purchase.
• Restriction on Over-the-Counter Sale: Acid cannot be sold to customers without a valid reason, and sales must be tracked with proper documentation.
• Monitoring Mechanisms: The Court also instructed that a register should be maintained to document all transactions involving acid, and authorities should be able to access and monitor these records.

2. The Penal Code (Indian Penal Code, 1860)

• Section 326A (Voluntarily Causing Hurt by Dangerous Weapon): This section criminalizes acid attacks and provides for punishment for individuals who cause injury or disfigurement to someone through the use of acid. The penalty includes a minimum sentence of 10 years, which may extend to life imprisonment.
• Section 326B (Attempt to Acid Attack): This provision deals with the attempt to cause acid harm, and offenders can face a jail term of up to 7 years.

3. The Chemical Weapons Convention (CWC) Act, 2000

While not specifically targeting acid attacks, the CWC Act is aimed at regulating the production, use, and trade of toxic chemicals. Acids, such as sulphuric acid and hydrochloric acid, are under regulation due to their corrosive nature and their potential to be misused for harmful purposes.

4. Consumer Protection Act, 2019

The Consumer Protection Act mandates that e-commerce platforms must:

• Verify the buyer’s identity before selling potentially harmful substances like acid.
• Ensure compliance with regulations on the sale of acid, ensuring that the acid sale is legitimate and the buyer has a valid reason.

5. The Drugs and Cosmetics Act, 1940

Under this law, the sale of certain chemicals is regulated. While it does not directly regulate acid attacks, it allows for the monitoring of chemicals that could be used in such attacks.

Support, Help, and Rehabilitation of Acid Attack Survivors

The Indian government and various non-governmental organizations (NGOs) have taken proactive measures to support and rehabilitate survivors of acid attacks. These include provisions for free medical treatment, psychological counselling, legal aid, and protection measures.

1. Free Medical Treatment

The government has made provisions for the medical care of acid attack survivors, including:

• Government Hospitals: Survivors are entitled to free medical treatment in government-run hospitals, which include emergency care, surgeries for reconstructive treatments, and other medical needs.
• Plastic and Reconstructive Surgery: Survivors may receive specialized treatment to repair damage caused by the acid attack. These surgeries can be expensive, and the government has taken steps to ensure such treatment is provided at no cost to the victims.

2. Compensation

• Supreme Court Compensation: In the Laxmi vs. Union of India (2014) case, the Supreme Court directed that the government provide compensation to acid attack survivors. Victims are entitled to a minimum compensation of ₹3 lakh for immediate relief, including medical expenses, rehabilitation, and psychological counselling.
• State-Level Compensation Schemes: Some states have introduced additional compensation schemes for acid attack survivors, often covering more than the minimum prescribed amount.

3. Non-Disclosure of Identity and Privacy

Protecting the privacy of acid attack survivors is essential for their rehabilitation and reintegration into society. Some measures to ensure this include:

• No Public Disclosure: Acid attack survivors’ identities are not to be disclosed in the media or public forums without their consent. This measure ensures that survivors are not further stigmatized or harmed by public exposure.
• Right to Privacy: Legal provisions exist to protect the privacy and dignity of the survivors. No personal details (like name, address, or photographs) should be revealed unless the survivor agrees to it.

These protections aim to safeguard the dignity and safety of survivors and ensure they are not further victimized by unwanted media or public attention.

4. Psychological Counselling and Mental Health Support

Acid attack survivors often suffer from long-term psychological trauma, including depression, anxiety, and post-traumatic stress disorder (PTSD). To assist in their recovery:

• Psychological Counselling: Victims are provided access to free psychological counselling to help them cope with the trauma.
• Support Groups: NGOs often run support groups where survivors can meet others who have experienced similar attacks, helping them heal emotionally and psychologically.

5. Rehabilitation and Socio-Economic Support

• Job Training and Vocational Support: Survivors of acid attacks often struggle to find employment due to their physical appearance. To assist them in leading a dignified life, various NGOs and government initiatives provide vocational training, job placements, and skill development opportunities.
• Support for Livelihoods: Several NGOs help acid attack survivors establish their businesses or gain employment through rehabilitation programs.

Some organizations also assist survivors in gaining educational qualifications or skill certifications that may help them secure jobs.

6. Legal Aid

Acid attack survivors have the right to legal aid and support in seeking justice. Many victims of acid attacks are provided with free legal assistance to:

• File Complaints: Legal aid helps survivors file complaints and navigate the criminal justice system.
• Access to Legal Remedies: Survivors are also guided in seeking compensation, including the Supreme Court-mandated ₹3 lakh compensation.

The National Legal Services Authority (NALSA) provides free legal assistance to survivors of acid attacks through various state legal services authorities.

7. Protection from Further Attacks

• Witness Protection Program: Survivors are sometimes included in witness protection programs, ensuring their safety if they are involved in the prosecution of perpetrators.
• Police Protection: The police may offer protection to acid attack survivors, especially when there is a credible threat to their life or safety after testifying against the assailants.

8. Public Awareness Campaigns

There are efforts to educate the public about the severity of acid attacks and the available legal and rehabilitation services. Such campaigns often focus on:

• Raising Awareness: Publicizing the laws against acid attacks and educating people on how to report acid sales and attacks.
• Changing Social Attitudes: Challenging the stigma that acid attack survivors often face in society by highlighting their resilience and recovery.

Conclusion

• India has made significant legal and procedural strides to curb the sale and misuse of acid while simultaneously supporting and rehabilitating survivors of acid attacks. Legal provisions like the Laxmi case ruling and the Consumer Protection Act provide a framework to control acid sales, while various rehabilitation programs ensure that victims receive medical, psychological, and legal support. Although challenges remain, the government, judiciary, and non-governmental organizations continue to work towards creating a safer environment and providing comprehensive support for survivors.
• India has made significant strides in regulating the sale of acid and ensuring that victims of acid attacks receive justice and support. From landmark judgments to stricter regulations on e-commerce platforms, the legal landscape continues to evolve to protect vulnerable individuals and prevent acid attacks. The combination of judicial oversight, government action, and societal awareness has begun to shift public attitudes and reduce the number of such attacks. However, continued vigilance and enforcement are required to protect women and girls from this heinous crime.