Abstract
The present research paper aims to shed light on the immensely traumatic experience of an acid attack victim – right from the difficulty in getting medical aid, to obtaining adequate compensation, to getting justice. In spite of the fact that these victims are victims of one of the most gruesome forms of assault, the Government and Judiciary have remained largely apathetic to their plight. However, in recent times, there has bun a marked change in both the legislative and judicial approach. The paper seeks to focus on this shift. highlighting both the negative and positive aspects involved In Laxmi v. Union of India (2014). the Supreme Court of India. taking notice of the plight of acid attack victims, as well as the easy availability of acid in the markets. laid down the guidelines for the regulation of acid sale. For the first time, the Court also raised the issue of compensation for victims, and a minimum amount was set by the Supreme Court to be given to the victims by the State. The present paper also analyses the contribution of the 226th Law Commission report (2008) and the J S Sharma Committee Report (2013) in amendments to the Criminal Law in India in awarding a strict punishment to the perpetrators of this crime. A major roadblock that still persists in providing relief to the victims, is the lackadaisical approach of the Government, both Central and State, in providing sufficient monetary and non-monetary relief to victims, The paper critiques the prevalent compensation scheme on a state-by-state basis, emphasizing on the need for an approach which goes beyond the monetary needs of the victims and envisages the overall rehabilitation of the victims, Lastly, the paper seeks to draw inspiration from the measures adopted by the Government of Bangladesh in preventing and combating this ghastly crime and seeks to offer certain suggestions and measures focusing on effective prevention of the crime and better rehabilitation of the victims.
Recommended Citation
Tandon, Ajita
(2015)
"Analysis of the Judicial and Legislative Approach on Acid Attack Survivors in India,"
National Law School Journal: Vol. 13:
Iss.
1, Article 1.
Available at:
https://repository.nls.ac.in/nlsj/vol13/iss1/1