Laxmi vs Union of India: Supreme Court’s Landmark Judgement on Acid Attacks

Laxmi vs Union of India: Supreme Court’s Landmark Judgement on Acid Attacks

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The Supreme Court of India’s decision in the case of Laxmi vs Union of India marked a significant turning point in the rights and protection of acid attack survivors. This landmark case, initiated by Laxmi through a Public Interest Litigation (PIL), resulted in stringent regulations on the sale of acid and improved compensation for victims.

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Background of the Case

Laxmi was only 15 years old when she fell victim to a brutal acid attack. Coming from a middle-class family, she was working part-time to support her parents. On April 22, 2005, two acquaintances attacked her with acid, causing severe injuries. Despite her agonizing screams, immediate help was not forthcoming. Eventually, she was taken to Ram Manohar Lohia Hospital, where doctors treated the burns on her face, chest, eyes, and arms.

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Legal Journey

Laxmi identified Naeem Khan (Guddu) and his sister-in-law Rakhi as the assailants. Naeem had proposed to Laxmi, but she had rejected him. The Delhi Sessions Court found the accused guilty under Section 307 (attempt to murder) and 120B (criminal conspiracy) of the Indian Penal Code (IPC). The Delhi High Court upheld this decision and ordered the accused to pay Laxmi ₹3 lakh in compensation under Section 357(1)(B) of the Criminal Procedure Code.

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Filing the PIL

In 2013, Laxmi filed a PIL in the Supreme Court to highlight the plight of acid attack survivors. The petition demanded a complete ban on the sale of acid, stricter laws against acid attacks, and a better compensation structure for victims. Acid attacks often stem from rejected marriage proposals, sexual advances, and dowry disputes.

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Issues Raised in the PIL

The PIL emphasized several key issues:

  1. Legal Amendments: The need for amendments in the IPC, Criminal Procedure Code, and Evidence Act to recognize acid attacks as a distinct crime with severe punishment.
  2. Regulation of Acid Sales: Preventing easy access to harmful substances by regulating acid sales.
  3. Compensation and Rehabilitation: Providing adequate compensation and rehabilitation for victims.

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Petitioner’s Arguments

Laxmi argued that:

  1. Acid was easily available in the market.
  2. The acid attack had caused her significant physical, mental, and emotional harm.
  3. Existing laws did not specifically address acid attacks, resulting in lighter punishments for offenders.
  4. Victims required free medical care and adequate compensation.

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Respondent’s Arguments

The Central Government, represented by the Solicitor General, committed to implementing model guidelines within a week. These guidelines, under the 1919 Poisons Act, aimed to regulate the sale of acid and hazardous chemicals. The state of Tamil Nadu also promised to enact stringent laws to control acid sales within two months. Additionally, states and Union Territories agreed to deny bail for offenses under the Poisons Act.

Supreme Court’s Decision

The Supreme Court’s decision led to significant changes in the legal framework:

  1. New IPC Sections: Sections 326A and 326B were added to specifically address acid attacks.
  2. Compensation Provisions: Section 357B of the Criminal Procedure Code was introduced to ensure that victims receive compensation in addition to fines under Sections 326A and 376D of the IPC. Section 357A outlined the victim compensation scheme.
  3. Evidence Act Amendment: Section 114B was added to the Evidence Act to clarify the intent and knowledge of offenders under Section 326A of the IPC.
  4. Compensation Scheme: The government established a victim compensation scheme, guaranteeing a minimum of ₹3 lakh for victims. Both public and private hospitals were ordered to provide immediate medical care to victims, with necessary transfers if required.
  5. Regulation of Acid Sales: Restrictions were placed on the sale and purchase of acid.

Conclusion

The Supreme Court’s ruling in Laxmi vs Union of India has had a profound impact on the legal and social landscape for acid attack survivors in India. This decision not only ensured stricter punishment for perpetrators but also provided much-needed support and rehabilitation for victims. This landmark case brought to light the urgent need for stringent regulations and comprehensive support systems for acid attack survivors.

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