Wednesday 12 March 2014

Strong Acid And Weak Law

                  Strong Acids And Weak Laws

                                                                            -By Vaibhav Vaidya

 
Acid attacks, especially on women, have seen an alarming growth in India over the last decade. While these attacks can be attributed to various factors such as the social weakness of women and the existence of a male-dominated society, the matter is not helped by the general neglect on the behalf of lawmakers with respect to acid attacks. Moreover, acid is an easily and inexpensively available weapon, which makes it an ideal tool for the perpetrator. In addition to this, the offence has been made bailable in certain situations, and thus the punishment does not act as a sufficient deterrent in most cases.
It should be informed to all readers that horrendous effects that acid has on the human body as well as the ramifications that the present legal regime governing acid attacks has on the victims and the offenders. Ideas for a better legal approach shall also be examined, with special reference to acid attacks as a crime, and the validity of specific legal provisions for female victim.
 

Need For A Stringent Law

 
Instances of acid attacks are no longer a rarity in India. Despite this, there are no specific laws that deal with this heinous crime. While these attacks can be attributed to various factors such as the social weakness of women in a male-dominated society, the situation is exacerbated by the general neglect of the lawmakers. As acid is inexpensive and easily available, it serves as an ideal weapon for the perpetrators. So far, there is no separate law to deal with acid attacks. Cases are registered under sections 320 (causing emasculation and disfigurement), 322 and 325 (voluntarily causing grievous hurt) and 326 (causing grievous hurt by dangerous weapons or means). Under these sections, the accused could be sent to jail for a period of one year to 10 years. Further, as this offence is bailable in certain situations, the punishment does not act as a sufficient deterrent in most cases.The crime of acid attack has a gender dimension in India, with majority of the victims being women. Men who commit these crimes are usually spurned suitors who want to avenge their rejection. Other cases involve denial of dowry by women, robbery and land disputes.
The violent crime of acid throwing not only inflicts horrendous physical effects, but also mental injuries on the victim just like burning in hell for penance of sins. Almost all the victims plea for their right to die: this crime has given rise to a number of plea for euthanasia cases too. Sonali Mukherjee, a victim of acid attack nine years ago, has appealed to the Indian Government for medical support for skin reconstructive surgery as well as tougher penalties on her three assailants, who were released on bail after only three years in prison. Either that, she says, or authorities should give her the right to kill herself.
Our legal and medical systems have also proved very weak while dealing with such cases; there is no proper legislation and the medical facilities provided are also not proper. One of the major problems with this type of crime, just like several other crimes against women, is that the police does not take strong enough action when complaints are registered. Globally 1500 such cases have been reported which has now led the governments of South Asian countries, to take a proactive approach to the crime. In 2002, Bangladesh introduced death penalty for throwing acid and implemented laws strictly controlling the sale of acids. In 2011, Pakistan passed a law in the form of Acid Control and Acid Crime Prevention Bill that established tougher penalties for an acid-attack conviction - 14 years to life behind bars and a fine of up to $11,000.
But women's rights activists are demanding greater regulation of the sale and distribution of acid to prevent these attacks. Better rehabilitation services are also crucial for victims. After an attack, a victim faces physical challenges which require long-term surgical treatment, as well as psychological challenges, which demand in-depth counselling from psychologists at each stage of physical recovery.
In an Indian famous case, the Campaign and Struggle Against Acid Attacks on Women (CSAAAW) helped Hasina Hussain get justice after her ex-boss Joseph Rodrigues poured 1.5 litres of sulphuric acid on her when she quit her job in his company in 1999. The acid melted her face, fused her shoulder and neck, burnt a hole in her head, merged her fingers and blinded her for life. In 2006, the Karnataka High Court sentenced Rodrigues to life imprisonment.
The National Commission for Women (NCW) is pushing for a specific law to deal with such cases. It has come up with a draft of the Prevention of Offences (by Acids) Act, 2008, which is with the Union Ministry for Women and Child Development for vetting. After its approval, the Bill will be sent to the Law Ministry before it is tabled in the Parliament to be passed as law. Activists and lawyers also believe that a strict law needs to be in place to regulate the procurement and sale of acid. The draft Bill proposed by the National Commission for Women suggests that a national acid attack victims' assistance board be set up to recommend to the government strategies for regulating and controlling the production, hoarding, import, sale and distribution of acids.
For the first time, acid attacks have been suggested to be included under a standalone provision in the Indian Penal Code (IPC). It has been proposed that two sections - 326A (hurt by acid attack) and 326B (attempt to throw or administer acid) - be added to the IPC. This is a non-bailable offence. The proposed law states that the attacker could get a jail term of 10 years to life for causing hurt by acid. He or she could be sent to jail for up to seven years for attempting to do so.
But lawyers say that the proposed law is not enough.The government must invoke a stringent law on the lines of the Maharashtra Control of Organised Crime Act, where no bail is granted to the accused if there is a prima facie case. Unless a stricter law is in place, acid attackers will roam free and can harm the victim again. Activists point out that the proposed law has no provisions for the protection of victims.
The new law has a provision for monetary compensation for acid victims. But lawyers fear that passing the buck to the accused may leave the victim without any support. In many cases, the accused belong to poor families. They will not be able to pay the compensation. There should be an additional clause in the law making where the State should take up the responsibility of compensating the victim if the accused fails to do so.The victim must also get financial help as soon as possible so that a surgery can be done immediately. Some states such as Karnataka have adopted a mechanism to pay the victim from State funds. Recently, the Delhi Government too announced that it would pay a compensation of up to ` 3 lakh to a victim in case there is disfigurement of the face. Thus, there is an immense need to come out with legal measures and medical reforms by our government to help these victims.

                              Effects Of Acid Attacks

Physiological Effects:-

In almost all cases of vitriolage, concentrated acid is thrown at the face of the victim. Acid, being a corrosive substance capable of decaying metal in high concentrations, causes the facial tissue to melt in the affected areas. Less severe effects of acid contact with the skin would include redness, permanent hair loss and burning. In higher concentrations, it leads to permanent scarring, disfigurement, dissolution of vital body organs, pulmonary disorders, and even death. At times the acid eats through the fat and muscle under the skin and dissolves the bones. Eyelids, lips, and even the nose can burn off completely. An immediate danger is breathing failure, as the nostrils may close and the neck may swell disproportionately, added to the possibility of inhalation of acid vapours. The physical injury is irreparable and becomes the breeding ground for other dangerous diseases because of the risk of infection on the resultant dead tissue.


The 226th report of the Law Commission of India enlists the physical effects of an acid attack thus:-


Skull:- May be partly destroyed or deformed. Hair is often lost.
Forehead:- Skin may shrink, as though stretched tightly, and be scarrde.
Ears:- Shriveled up and deformed. Deafness may occur immediately or later cartilage in the ear is usually partly or totally destroyed, exposing the victim to future infection and hearing loss.
Eyes:- Direct acid contact vapors can damage eyes, causing blindness. Even if the eyes survive the acid attack, they remain vulnerable to other threats which can cause blindness during the victim’s recovery. Eyelids may have been burned off, or may be deformed by scarring, leaving the eyes to dry up and go blind. This is very difficult to prevent.
Nose:- Shrunken and deformed. Nostrils may close completely because the cartilage is destroyed.

Cheeks:- Scarred and deformed.

Mouth:-Shrunken and narrowed, and may lose its shape. Lips may be partly or totally

destroyed. Lips may be permanently flared, exposing the teeth. Movement of the lips,

mouth and face may be impaired. Eating can be difficult.
Chin:-Scarred and deformed. The scars may run downward, welding the chin to the neck
or chest.
Neck:-Often badly damaged. It may have a thick cord of scarred flesh running down from
the chin to the upper chest, or a wide, heavily-scarred area on one side of the neck.Victim may be unable to extend the neck, or the head may constantly lean to one side.
Chest:-Often badly scarred. The chest may have narrow lines of scars or wide patches of
scars from acid splashes or drips. In girls and young women, the development of their
breasts may be stopped, or their breasts may be destroyed completely.
Shoulder:-which may limit the May be badly scarred, especially around the underarm
victim’s arm movement. In some cases, one or both of the victim’s upper arms may be
stuck like glue to the sides of their body.
We Can Understand This Effects With Some Pics:-                                   1-Effect On Face , Eyes And Teeths
 2-Effects On Chins , Lips And Mouth
                                        3-Effects On Ears And Chins
                  

                                                          4-Effects On Eyes
 
 5-Effects On Nose

Social And Economic Effects:-

The obvious and gruesome physical impact, however, does not overshadow the psychological, social and economic consequences of acid attacks. The trauma of an attack leads to the development of depression, fear, and in some cases, psychosis of the victim. Living with the embarrassment and social stigma of an attack that cannot be hidden from the outside world usually confines them to their homes. The victim’s life gets derailed as every time she looks in the mirror she is reminded of her present insecurity as well as the hopelessness of the future.
    Any physical disabilities that may result from an attack add another dimension to the victims’ sufferance.For instance, if the acid affects the eyes and causes blindness, it becomes impossible for the victims to get jobs, earn their livelihoods, or even get married. In most cases, the victims become completely dependent for their daily sustenance. An added burden for the victim’s family would be the medical expenses, as they are beyond the means of the families of many victims. In conclusion, we must note that the psychological, as well as social and economic effects are as absolute and incurable as the physical ones.
Mostly Treatment Regarding Acid -Attacks Cost Huge Amounts And In Several Cases Some Experts Are Also Necessary To Be Appointment Not Only That But There Are Very Less NGO Which Are Ready To Help Them During There Economic Problem.
Our Society Contribution Towards Victims Of Acid-Attacks Is Very Less Mostly They Believe In Saying Or  Giving Advice But When It Comes To Giving Service Or Giving Help To Them Then Hardly Anybody Comes.

    What Should Be Our Role As A Member Of A Society

Our Role Of Helping Victims OF Acid Attack Is Not Because We Are The Part Of The Society , Community , Religion But As A Humanity. Humanity Is The Biggest Religion Of The World. We Should Help The Victims According Economically As Well As Morally. 
Our Roles:-
  1. We Should Help Them Financially 
  2. We Should Stand For Them In Society
  3. We Should Give Them Moral Support
  4. We Should Request Other People Also To Support Them
  5. Economic And Moral Support Are Not Just Enough , We Should Motivate The Victim And Her Family Member 

                                     International Law

The United Nations General Assembly passed the Declaration on the Elimination of Violence against Women in 1993. Article 4 (f) of this declaration recommends member states to develop preventive approaches for violence against women by legal measures.This article would give credence to the creation of new legal provisions which would be harder on perpetrators of acid attacks, provide greater compensation to the victims, and perhaps even regulate the sale of acids in the country.



Another dimension is added to acid attacks against women if we look at the offence from the point of view of human rights. Member states of the United Nations can be held accountable on their failure to comply with certain obligations which uphold human rights. “These obligations arise from the duty of the States to take steps to respect, protect, promote and fulfil human rights.Using the human rights argument would thus empower women and establish them as active right-holders and not merely discretionary beneficiaries. Legislation in this regard would also be supported by Article 21 of the Indian Constitution, which talks about protection of life and personal liberty of the individual

Indian Penal Code

Section 326:

It is difficult to provide justice for the victims of acid attacks unless stringent measures are taken. Therefore, the introduction of specific legislation with regard to acid attacks becomes imperative. The 226th Report of the Law Commission of India has suggested the introduction of Section 326A into the IPC to deal specifically with acid attacks. The Section, as suggested by the Commission, should read 
 
 
326 A. (i) Hurt by acid attack- Whoever burns or maims or disfigures or disables any part or parts of the body of a person or causes grievous hurt by throwing acid on or administering acid to that person, with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punishable with imprisonment of either description which shall not be less than 10 years but which may extend to life and with fine which may extend to Rs. 10 Lakhs. Description for a term not less than 5 years but which may extend to 10 years and with fine which may extend to Rs. 5 Lakh.”
Part (i) of Section 326A deals with situations where actual damage is caused to the victim’s physique by the intentional throwing or administration of acid by the perpetrator. Therefore the punishment prescribed for offences under this subsection are more severe – a longer period of imprisonment (extendable to life) and a greater fine. Part (ii) applies to those attacks where the attacker has the intention of causing damage, but irreparable physical damage is not caused to the victim. The punishment is comparatively more lenient. Additionally, it is encouraging to note that offences under both these subsections have been made non-bailable.
 

Section 114B:

The Law Commission has also suggested the addition of Section 114B to the Indian Evidence Act, 1872. It reads –
Section 114 B: Presumption as to acid attack- If a person has thrown acid on, or administered acid to, another person the court shall presume that such an act has been done with the intention of causing, or with the knowledge that such an act is likely to cause such hurt or injury as is mentioned in Section 326 A of the Indian Penal Code.
The addition of this section will speed up the trial process by doing away with the onus of proving mens rea, which lies on the prosecution.

Stats Regarding Acid Attacks In India:-



There Are No Accurate Statistics Data Available Regarding Acid Attacks In India.
But Here Media Stands Good , There Role In This Activity Is Really Appreciable.

Some News Channel And News Paper Were Frequently Helping The Victims And Also Spreading Awareness In The Society To Help Them.

Conclusion

In The End We Can Say That Awareness Regarding Acid Attacks Is Very Less Because Of Which Still In Some Part Of Our Country This Activity Takes Place. Acid Is The Cheapest Weapon Available For Any Criminal To Take Revenge. Education Is Also A Problem Because Mostly All Culprits Who Do This Type Of Activity Are Illiterate. So  We Should Provide Education At Each And Every Part Of The Nation As A Human Right And A Good Cause Also. There Should Awareness Made By The State Government / Central Government To Stop Crime Against Women. 

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