Three years and seven surgeries later, an acid attack victim is preparing to undergo another corrective surgery on her face on December 16.
The 26-year-old used to work for an IT company and was attacked in January 2012, when she was on her way to work. While her perpetrators are out on bail, she had to move the Bombay High Court (HC) for the State government to incur all the medical costs for her surgeries.
Notwithstanding clear guidelines issued by the Supreme Court in 2006 that ‘directed all private hospitals of the country to provide free treatment to acid attack victims’, this victim was denied treatment free of cost by every hospital she approached.
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She said, “Initially, I had to bear all the costs of surgeries. Then two NGOs and common people came forward to help me.”
In Maharashtra, the Manodhairya Scheme was launched on October 2, 2013, which envisages not only compensation but also rehabilitation of rape survivors and acid attack victims. In an affidavit submitted to the HC, the State has said that till February 2015, there have been eight cases of acid attack and the scheme has provided Rs 3 lakh for the victim and legal assistance apart from free consultations with government- appointed psychiatrists.
It also said, “In cases of rehabilitation, whenever necessary, the affected women would be provided with accommodation, counselling, medical aid, legal help and vocational training.”
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The SC had said, “There is no bar on the government to award compensation limited to Rs 3 lakh. The State has the discretion to provide more compensation to the victim. State shall upon itself take full responsibility for the treatment and rehabilitation of the victims of acid attack.” However, the victim had to move HC again to ensure the State pays Rs 3 lakh for her surgeries, follows ups and medicines.
The SC had said, “A stringent action be taken against those erring persons supplying acid without proper authorization and also the concerned authorities be made responsible for failure to keep a check on the distribution of the acid.”
A bottle of 750ml of acid costs Rs 60 and is easily available at a general store and some medical stores. Ashok Patil, owner of a small general and medical store at Khar said, “There are three types of acids, hydrochloric acid (HCL), nitric acid and sulphuric acid. All these acids are easily available at any general stores as they are used by painters and jewellers.” Mr Patil said, “We give these acids to anyone who asks for it. How can we ask them for what purpose are you going to use it? There are no rules issued by the government or even if they are, most of us are not aware of them.”
From as early as February 2013, incidents of acid attack were recorded as a separate offence under Section 326A of Indian Penal Code (voluntarily causing grievous hurt by use of acid) (shall be punished with imprisonment of either description for a term which shall not be less than 10 years but which may extend to imprisonment for life, and with fine) and Section 326B of IPC (punishment for attempted acid throwing). The minimum punishment is five years of imprisonment which can extended up to seven years imprisonment with fine.
On December 7, the Supreme Court said, “The very sight of the victim is traumatizing for us. If we could be traumatized by the mere sight of injuries caused to the victim by the inhumane acid attack on her, what would be the situation of the victim be, perhaps, we cannot judge. Nonetheless, we cannot be oblivious to the fact of her trauma.” The Supreme Court has directed all the States and Union Territories to consider the plight of acid attack victims and take steps with regard to inclusion of their names under the disability list.
Advocate Mangla Verma, working for acid victims in Delhi said, “Adding the victims to a list of disabled people would help them get reservation in employment, housing benefits, quota in education and while they are travelling. But many of them still face a lot of problem in getting the basic compensation they are due as an acid attack victim.” She added, “A bottle of 750ml of HCL costs upto Rs 35, there has to be some regulation on the sale of acid to curb the growing menace.”
Another victim of acid attack (23) in Delhi, said, “The basic procedure to get compensation is by writing a letter to the District Legal Service Authority. The letter should entail the facts of the case, copy of the FIR and medical reports. Even after writing a letter to the Women and Child Development, all I have got is corrective surgeries at State run hospitals and no compensation.”
The only male acid attack victim said he promptly got compensation of Rs 3 lakh but was not offered any counselling or training by the State.