Although the Supreme Court’s ruling on the regulation of sale of acid and compensation brought some hope to acid attack victims, activists and victims feel that that the larger question of effective implementation and rehabilitation for survivors remains unanswered.
July 22, 2013
The Supreme Court bench headed by Justice RM Lodha on Thursday directed all states to formulate rules to regulate the sale of acid within three months. In its interim order the court said that only those aged above 18 who can produce an identity card bearing their residential address can buy corrosive substances. It also said that all retailers must declare their acid stock within 15 days of an order being placed, failing which they can be slapped with a fine of Rs 50,000 and their stock confiscated.
“Regulation of acid is extremely complicated and there needs to be a more stringent mechanism put in place for it to be effectively regulated. Regulating the sale of acid might be possible in a place like Delhi, but what about remote areas in India where check mechanisms are known to be poor?,” says Rebecca John, a senior advocate at the Supreme Court. Alok Dixt of Stop Acid Attacks also reflected the same sentiment while saying that the sale of acid is not as simple as making the owner of the shop responsible. He pointed out that in Bangladesh the enactment and implementation of two laws- Acid Offences Prevention Act and Acid Control Act as been effective in bringing down the number of acid attacks. In Bangladesh it is mandatory to complete the investigation of such attacks within 30 days and the court hearing to be completed within 90 days of the incident.
Bangladesh has also set up Acid Prevention Tribunals to exclusively deal with cases of acid attacks. “If Bangladesh can set up separate tribunals to deal with such cases why can’t India? Cases of acid attacks should be fast tracked. Justice delayed is justice denied after all. ,” says 28-year old Sonali Mukherjee who was attacked 10 years ago. Sonali’s case is being heard by the Ranchi High Court but the perpetrators of the attack continue to roam scott free. “Most cases of acid attacks fall apart because the victim is unable to identify the perpetrator due to grave physical disability that includes visual impairment in most cases, says John. Acid attacks are the most gruesome form of gender violence that prevails in India and there is a whole gamut of things that need to be done by the state for acid attacks victims starting with more introspection and stronger investigation of these cases she adds.
The Supreme Court has also raised the compensation to victims to Rs 3 lakh and directed that states should pay the victim Rs 1 lakh within 15 days and the rest within two months of the assault, while pointing out that the current amount that ranges between Rs 5,000 and Rs1.5 lakh is inadequate to meet the costs of treatment and rehabilitation. While the activists and victims alike are happy about the acknowledgement of acid attacks as a specific offence and the raise in compensation they feel that it is a pittance for the lifelong hardship that they have to endure.
Mukherjee whose case received much media attention and support from civil society organisations says, “Rs 3 lakh is not enough for victims who have been completely uprooted from their lives after the attack. One surgery alone costs Rs 2 lakh.” In the last ten years Sonali has undergone 28 surgeries and her treatment has cost Rs 40 lakh. “Although the government has made a provision for free medical treatment foracid attack victims, the question that needs to be asked is if government hospitals are equipped to treat acid victims,” says Dixit while also emphasising on the need for rehabilitation of the victims.
“ While there has been a provision made for victims what about survivors?, asks Pratima Choudhary who was attacked along with her sister Bhavna in Meerut in 2003. She was the sole bread winner of her family when the sisters were attacked by a 65-year old man whose advances Bhavna had rejected. While Bhavna sustained 52 per cent injuries, parts of Bhavna’s hands were burned in the attack. Pratima is still undergoing treatment while Bhavna fends for her family by taking up odd stitching jobs. Even in the case of 14-year Tuba Tabassum who was attacked last year in Bihar, it is day to day survival that the family has to fight for. After her attack her father, a daily wage labourer had to move to Delhi and is running from pillar to post to meet her medical costs which come up to Rs 30 lakh.
There was much jubilation in 2009, when the Law Commission came out with its report on acid attacks. However, it was only 4 years later with the Justice Verma Committee’s Recommendations that acid attacks were made a specific offence and now the Supreme Court’s directions on regulation of sale of acid and raise in compensation. “While mechanisms for justice for acid attack victims continue to move at a snail’s pace, too many have been burned, too many lives have been destroyed and continue to live in darkness. Real Justice for acid attack victims means complete compensation and rehabilitation for victims”, says Dixit.
http://www.tehelka.com/justice-for-acid-attack-victims-should-be-compensative-and-reparative/
No comments:
Post a Comment