Acid attacks: SC calls for harsher punishment for convicts; recommends amending law
A Bench led by CJI Surya Kant also asked all states and union territories to provide year-wise details of acid attack cases, their status in courts, and rehabilitation measures to support the victims within four weeks
Advocating “extraordinary” deterrent punishment for convicts in acid attack cases, the Supreme Court on Tuesday recommended to the Centre to consider amending the law to sternly deal with such cases.
While hearing a petition filed by acid attack survivor Shaheen Malik seeking recognition and statutory protection for victims who were compelled to consume acid, a Bench led by Chief Justice of India Surya Kant highlighted the inadequacy of punishment awarded to convicts and also suggested reversal of the burden of proof in acid attack cases on the lines of provisions applicable to dowry death cases.
Malik, who is now 42 years old, suffered an acid attack when she was 26, and even after fighting a legal battle for 16 years, she continues to wait for the closure of the criminal trial. The assailants were acquitted by the trial court, and her appeal remains pending before the Delhi High Court despite her plea to expeditiously decide it.
"Why shouldn't the assets of the accused be attached? If a person is found guilty of an acid attack, why not all his immovable assets be acquired and used to compensate the victim? You have to take some extraordinary punitive measures. Unless action is so painful...deterrent theory must be followed here," CJI Kant said.
"Think of some legislative intervention... This is no less serious than dowry deaths," the CJI told Additional Solicitor General Archana Pathak Dave, who represented the Centre in the case.
States, UTs told to provide details of acid attack cases
The top court asked all states and union territories to provide year-wise details of acid attack cases, their status in courts, and rehabilitation measures to support the victims within four weeks. It also sought details about the number of cases in which charge sheets had been filed, the number of appeals filed in appellate courts, including high courts.
It asked them to furnish brief particulars of each victim, her academic qualifications, employment, and marital status, and medical treatment, expenses incurred or likely to be incurred, cases wherein victims are forced to consume acid, as also details about the rehabilitation scheme for such victims.
In her petition filed in 2025, Malik also sought 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.
Malik’s counsel told the top court that all the accused in the petitioner’s case had been acquitted, and she had filed a criminal appeal in the Delhi High Court against the acquittal.
The Bench offered legal aid to her and said she could be provided with the services of the best lawyers of her choice.
Earlier, it had sought reports from all high courts regarding the pendency of acid attack cases. So far, 15 high courts have furnished details of pending acid attack cases. As per the details, Uttar Pradesh has 198 pending cases, West Bengal 60, Gujarat 114, Bihar 68, and Maharashtra 58.
The Bench asked high courts to consider issuing directions on the administrative side for expeditious disposal of trials on an out-of-turn and time-bound basis.
"We request the High Courts to consider the desirability of taking a decision for expediting and concluding matters concerning acid attacks in a time-bound manner on an out-of-turn basis. All State Legal Services Authorities are directed to submit schemes, if any, implemented by them for rehabilitation, compensation, or medical aid to the victims of acid attacks," it directed.
Taking strong exception to the inordinate delay in the completion of trials in acid attack cases, the Supreme Court had on December 4 last year asked all the 25 high courts to submit details of such pending cases across India.
It had asked the Centre to consider amending the law or even promulgating an ordinance to formally include acid attack survivors within the definition of ‘persons with disabilities’ under the Rights of Persons with Disabilities Act to enable them to avail of welfare schemes.
