Supreme Court Expands Definition of Acid Attack Victims
Why in the News ?
The Supreme Court of India has expanded the definition of acid attack victims under the Rights of Persons with Disabilities (RPwD) Act, 2016, to include survivors of forcible acid ingestion, ensuring them access to disability benefits and legal recognition.
Key Judgment and Legal Expansion:
- The Supreme Court of India ruled that victims of forcible acid ingestion will be treated as acid attack survivors.
- Earlier, the RPwD Act, 2016 recognised only victims of acid throwing, excluding ingestion cases.
- The Court used its extraordinary powers under Article 142 to ensure immediate justice.
- The ruling will apply retrospectively from 2016, the year the Act came into force.
- The decision ensures victims can access disability rights, compensation, and welfare schemes.
- The Court acknowledged that such victims suffer severe physical and psychological trauma, similar to acid attack survivors.
- It emphasised that most victims are women, highlighting the gendered nature of such violence.
Government Stand and Policy Implications
- The Union government informed the Court that it had already proposed amendments to include such victims.
- The proposal has been forwarded to the Ministry of Legislative Affairs for formal changes.
- However, the Court chose not to delay relief and intervened through judicial powers.
- The judgment ensures immediate access to identity cards, financial aid, and rehabilitation schemes.
- The Court also recommended framing a comprehensive policy framework for survivor protection.
- Survivors often require long-term medical care, reconstructive surgeries, and psychological support.
- The decision bridges a legal gap between criminal law recognition and welfare entitlements.
| About Acid Attack Laws & Disability Provisions: ● Rights of Persons with Disabilities (RPwD) Act, 2016: ○ Provides legal recognition and welfare benefits to persons with disabilities. ○ Includes acid attack victims under disability categories. ● Article 142 (Constitution of India): ○ Empowers the Supreme Court to pass orders for complete justice. ● Indian Penal Code (IPC): ○ Acid attacks punished under Section 326A & 326B (grievous hurt by acid). ● Key Rights for Survivors: ○ Compensation and rehabilitation ○ Free medical treatment ○ Reservation in jobs and education ● Gender Dimension: ○ Majority victims are women, linked to issues like gender-based violence. ● Significance: ○ Expands scope of victim protection laws and aligns welfare provisions with human rights principles. |