Consider harsher punishment in acid attack cases: SC to Centre

Taking note of an “alarming increase” in “barbaric” acid attack cases, the Supreme Court on Monday asked the Centre to consider enhancing the punishment for such offences and shifting the onus on the accused to prove that he’s not guilty.

Generally, it’s for the prosecution to prove the guilt of the accused beyond reasonable doubt and benefit of doubt, if any, goes to the accused. A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed that pending a suitable amendment, persons forced to consume acid leading to internal injuries without any outer disfigurement would fall within the ambit of acid attack victims under the Rights of Persons with Disabilities Act, 2016.

“It will be appreciated if the ministry concerned formally notifies the deemed amendment,” the Bench said.

Solicitor General Tushar Mehta said the nodal ministry had already proposed to amend the schedule appended to the 2016 Act.

“Pending suitable amendment…it is directed that for all intents and purposes, especially to give effect to the 2016 Act, acid attack victims shall also include the victims to whom acid has been administered and shall include those who have suffered internal injuries even if there is no outer disfigurement,” the Bench said, posting the matter for hearing after two weeks.

The order came on a PIL filed by acid attack survivor Shaheen Malik who demanded that such victims be categorised as persons with disabilities to ensure they got access to welfare schemes.

On behalf of the petitioner, senior counsel Mukul Rohatgi recalled that 10-15 years ago, the top court had taken up the issue of sale of acid and said that instead of buying a gun, someone can easily buy a bottle of acid for Rs 50 and ruin someone’s life. “They (victims) are completely disfigured for life. Unable to carry on...,” Rohatgi said. Highlighting that the punishment prescribed for acid attacks was not proving to be a deterrent, the top court asked the government to consider enhancing the punishment for such offences, besides shifting the onus on the accused to prove that he’s not guilty.