Model Answer
0 min readIntroduction
Acid attacks, a heinous crime, inflict severe physical and psychological trauma on victims, predominantly women. Recognizing the gravity of the situation, the Indian Penal Code (IPC) was amended in 2013 to include Sections 326-A and 326-B, specifically addressing the offence of throwing acid. These sections aimed to provide a more stringent punishment and deter such attacks. However, their effectiveness has been debated, leading to judicial intervention, most notably in the landmark *Laxmi v. Union of India* case (2015), where the Supreme Court issued crucial directions to strengthen the legal and social response to acid violence.
Understanding Sections 326-A and 326-B of the IPC
Section 326-A (Throwing or attempt to throw acid): This section deals with the offence of throwing or attempting to throw acid on any person, or administering acid with the intention of causing permanent or grievous hurt. It prescribes a minimum punishment of 10 years imprisonment, which may extend to life, and also includes a provision for a fine.
Section 326-B (Causing grievous hurt by dangerous weapons or means): This section was amended to include acid as a dangerous weapon and prescribes a similar punishment as Section 326-A, if the acid attack results in grievous hurt. The inclusion of acid under this section broadened the scope of punishment for attacks causing severe injuries.
Effectiveness of Sections 326-A and 326-B
While the introduction of these sections was a positive step, their effectiveness has been limited. Several factors contribute to this:
- Low conviction rates: Despite the stringent punishments, conviction rates in acid attack cases remain low due to challenges in evidence collection, witness intimidation, and procedural delays.
- Accessibility of acid: The unregulated sale of acid continues to be a major problem. Despite efforts to control its sale, easy availability facilitates the commission of these crimes.
- Social stigma and victim support: Victims often face immense social stigma, hindering their access to justice and rehabilitation. Inadequate victim support systems further exacerbate their plight.
- Underreporting: Many acid attack cases go unreported due to fear, shame, and lack of faith in the justice system.
Supreme Court’s Directions in *Laxmi v. Union of India* (2015)
The Supreme Court in *Laxmi v. Union of India* addressed the shortcomings in the existing legal framework and issued several landmark directions:
- Regulation of Acid Sale: The Court directed all states to regulate the sale of acid by enforcing existing laws and implementing stricter licensing procedures. It also mandated that acid sale be linked to identity proof and a record of the purchaser be maintained.
- Compensation to Victims: The Court directed states to provide adequate compensation to acid attack victims, covering medical expenses, rehabilitation, and loss of earnings. A minimum compensation of ₹3 lakhs was prescribed.
- Free Medical Treatment: The Court mandated free medical treatment for acid attack victims at government and private hospitals.
- Legal Aid: The Court directed states to provide free legal aid to acid attack victims to ensure access to justice.
- Rehabilitation and Social Integration: The Court emphasized the need for comprehensive rehabilitation programs, including vocational training and social integration initiatives, to help victims rebuild their lives.
- Criminalization of Acid Sale: The Court directed states to consider making the sale of acid a cognizable offence.
Furthermore, the Court recognized the need to address the social stigma associated with acid attacks and called for awareness campaigns to promote acceptance and support for victims.
Conclusion
Sections 326-A and 326-B of the IPC represent a crucial legislative response to the horrific crime of acid attacks. However, their effectiveness is contingent upon robust implementation and a holistic approach that addresses the underlying social and economic factors. The Supreme Court’s directions in the *Laxmi v. Union of India* case provide a roadmap for strengthening the legal framework, improving victim support, and preventing future attacks. Continued vigilance, stricter enforcement, and sustained awareness campaigns are essential to ensure justice and dignity for acid attack survivors.
Answer Length
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