Introduction

• This is an important judgement which directed the State and the Union Territories to take steps with regard to inclusion of the names of acid attack victims under the disability list.
• In this case the Supreme Court took into consideration the predicament of the acid attack victims, their inability to live a normal life and the societal stigma related to these offences and hence increased the quantum of compensation.

Facts

• Four attackers assaulted two girls with acid, throwing it on their faces and bodies while the sisters were asleep on their rooftop.
• In the middle of the night, the assailants ascended to the roof, with one covering the elder sister's mouth to prevent her from screaming, while two others held her legs to immobilize her.
• During the acid attack on the elder sister, the substance also landed on her younger sister, causing burns on her arm.
• As the acid began to harm the girls, their cries woke up their parents, who hurried to the rooftop. Upon the parents' arrival, the assailants fled the scene.
• The victims were immediately taken to Patna Medical College and Hospital, where, unfortunately, the doctors only arrived the following morning and failed to provide adequate treatment.
• There was a significant delay in the police apprehending the perpetrators, and the victim's statement was not recorded under Section 164 of the Code of Criminal Procedure, 1973 (CrPC) even up to the point of filing the writ petition.
• Hence, an issue of compensation and justice for victim was determined by the SC.

Issue Involved

• Whether there is any cap upon compensation for victim of acid attack?

Observations

• The SC reiterated the guidelines established in the Laxmi v. Union of India (2013) case and emphasized that these directives serve as a baseline for States and Union Territories, ensuring a minimum compensation of Rs. 3,00,000 for every acid attack victim.
  • However, the Court clarified that the State or Union Territory has the authority to exceed this prescribed amount.
• Additionally, the Court mandated stringent action against unauthorized suppliers of acid, holding both the erring individuals and relevant authorities accountable for lax oversight.
• The court said that an effective implementation of these guidelines is crucial, given the profound impact of acid attacks on victims' social, economic, and personal lives.
  • To address this, the Court recommends an augmentation of compensation, highlighting its dual purpose: aiding victim rehabilitation and incentivizing the State to diligently adhere to the guidelines, thereby curbing future acid attacks.
• Notably, the Court said that it does not impose a cap of Rs. 3 lakhs on government-awarded compensation, granting the State discretion to provide higher amounts in accordance with the Laxmi case guidelines.
  • Furthermore, the Court refrained from specifying the extent of injuries for compensation eligibility.
• The Court also extended its directive to States and Union.