'Some Extraordinary Punitive Measures Are Needed Beyond The Letter Of Law': SC On Acid Attack Cases

New Delhi: The Supreme Court on Tuesday orally observed that there is a need for a harsher approach in dealing with acid attack cases, and reformative theory has no place in such crimes. The court orally observed that if an accused cannot pay compensation, their assets should be attached and auctioned to ensure relief for the victim.

The apex court asked all states and union territories to provide a slew of information, including the year-wise details of the number of such cases and their status in courts, besides the rehabilitation measures to support the victims.

The bench was hearing a plea filed by Shaheen Malik, who herself is an acid attack survivor. Malik is seeking expansion of the definition of disabled persons under the law to ensure that the victims who suffered life-threatening damages to their internal organs due to forced ingestion of acid get adequate compensation and other reliefs, including medical care.

The matter came up before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. During the hearing, the bench orally observed: "If the accused cannot pay compensation, why not attach all assets and then be auctioned to pay off the victim."

The CJI stressed that some extraordinary punitive measures are needed beyond the letter of the law. He said, "unless the action is so painful for the accused, it will not work." The CJI said that a different theory must be followed as reformative theory has no place here, and added, "one should be extremely harsh: the system, the court, and the police."

The acid attack survivor, Shaheen Malik, recounted her ordeal, describing the physical and mental agony she endured. "I lost my identity, underwent 25 surgeries, and each visit to the operation theatre was extremely painful. At least I can see with one eye, but many women have become blind after acid attacks. There is no rehabilitation policy for them," she said.

After hearing submissions, the apex court sought information regarding incidents of acid attacks reported (year-wise); whether chargesheets in those cases were filed or not. The court also asked, "How many cases are decided and how many are pending at the trial stage?"

The bench also sought information about the number of appeals filed in appellate courts, including the high courts, in such cases.

The bench asked states governments to also provide brief particulars of each victim, her academic qualification, current employment status, and marital status and the medical treatment and the expenses incurred or to be incurred. It also asked states and UTs to provide details about the rehabilitation scheme for such victims.

The bench also asked the Centre to consider whether new laws or legal changes were required to deal with acid attacks more effectively.

Addressing Additional Solicitor General Archana Pathak Dave, the CJI said, "Think of some legislative intervention. This is not less serious than dowry death also."

The bench asked states to provide details of the cases where victims are forced to ingest acid. The bench sought all the above information in four weeks.

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