Small but good beginning

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First conviction under the new acid attack law

In itself, the recent conviction in a Bihar acid attack case, the first since the stringent provisions of the Criminal law (Amendment) Act, 2013, came into force, may not have a strong deterrence impact. However, the 10-year-old prison sentence that has been handed down to the convict and the hefty fine he will have to pay, sends out a clear message: Acid attacks are a serious crime and the state will deal with the perpetrators accordingly. Previously, the Indian Penal Code did not have a specific section targeting acid attacks. As a result, it was difficult to prosecute the offenders. The situation was made worse by the fact that it was hard to nail those who launched acid attacks in the first place, given the shoot-and-scoot nature of the crime. Consequently, even acid violence in broad daylight and in crowded market places, for example, was not taken to its logical conclusion. The new law, which makes it mandatory for any accused in an acid attack case to be charged under Sections 326A and 326B, to ensure harsher punishment, helps significantly in this regard. The law was amended in 2013 as part of the larger legal reform process undertaken in the aftermath of the December 16, 2012, Delhi gang rape case. The amendment was first recommended in 2008 by the law Commission which suggested that acid attacks must be dealt with as specific offences and also that the punishment include monetary compensation for the victim.

Another important change in law that has helped enormously in this context is the 2013 Supreme Court ban on over-the-counter sale of acid and other such corrosive substances. Though the apex court has not been able to completely stop the sales, it has definitely made it more difficult for perpetrators to find access to such acids. The primary reason why acid attacks had become so frequent was that they were to easy to carry out and rarely, if ever, did they lead to convictions. Finally, the new rules on monitoring the sale of acid, making it mandatory for retailers to keep records of acid buyers, have also made it harder for perpetrators to escape unscathed.

All of these measures put together have  made an impact on the manner in which acid attack victims view their situation. Previously, they'd be so scarred from the attack — physically, mentally and socially — that they would just lock themselves away from the world, thereby being victimised twice over. Now, there is a changing perception that the attackers can be caught and punished, so the victims are approaching the state and at least registering their cases. In 2014 alone, 309 acid attacks were reported — more than the total number of cases registered between 2010 and 2013, according to the Union Ministry of Home Affairs. Civil society campaigns on acid attacks have also helped change the discourse, with attention now also being focussed on male victims, who have been unfairly ignored in the narrative.

Daily Pioneer
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