Acid Attacks in India. Should Strict Liability be the norm? E-Book

Debadatta Bose

• Herausgeber: GRIN Verlag
• Kategorie: Fachliteratur
• Sprache: Englisch

Veröffentlichungsjahr: 2015

Beschreibung

Research Paper (postgraduate) from the year 2014 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 6.30/7, , course: B.A. LL.B. (Hons.), language: English, abstract: This article deals with the Indian Criminal Law Amendment Act, 2013 which was passed as a reaction after the 2012 gang rape case that happened in Delhi and signaled that it was time to change the penal laws for the protection of women. One change included in the act was Section 326A – relating to acid attacks. This section is gender neutral in nature and this article studies the judicial history of acid attacks and of section 326A, along with providing a critical analysis of the provision in the legislation. Finally, this article shall study and conclude on the application of ‘strict liability’ on this provision and provide the author’s views on the same whether the legislation we have is adequate enough or not, or what addition should have been made by the government on the face of it from the Law Commission Report.

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ABSTRACT[1]

The Indian Penal Code, 1860 is arguably the most powerful and well-made piece of legislation to be in force in India. After the 2012 gang rape case that happened in Delhi, mass protests made India realize that it was time to change the penal laws for the protection of women. A committee headed by Hon’ble Justice J. S. Verma submitted a report on sexual offences after receiving almost 80,000 suggestions for changes in law relating to sexual offences[2]. Based on the recommendations of the committee, the Criminal Law Amendment Act, 2013 was passed by the parliament on 19th March 2013 after having been an ordinance promulgated by the Hon’ble President of India since 3rd February 2013. One change included in the act was Section 326A – relating to acid attacks. This section is gender neutral in nature and this article studies the judicial history of acid attacks and of section 326A, along with providing a critical analysis of the provision in the legislation. Finally, this article shall study and conclude on the application of ‘strict liability’ on this provision and provide the author’s views on the same whether the legislation we have is adequate enough or not, or what addition should have been made by the government on the face of it from the Law Commission Report.

Table of Contents

ABSTRACT

Table of Contents

Introduction

Ravinder Singh v. State of Haryana

Gulab Sahiblal Shaikh v. The State of Maharashtra

Marepally Venkata Sree Nagesh v. State of Andhra Pradesh

Balu v. State (represented by the Inspector of police)

Devanand v. The State

Ramesh Dey and ors. v. State of West Bengal

Ram Charittar and Anr. etc. v. State of Uttar Pradesh etc.

Awadhesh Roy v. State of Jharkhand

State (Delhi Administration) v. Mewa Singh

Acid Attack and Strict Liability

Absolute crimes

Intentional Crimes

The Conclusion: Should it be a strict liability?

Bibliography

Introduction

 The term ‘acid attack’ is a colloquial term for the depiction of the heinous offence that Section 326A of the Indian Penal Code, 1860 defines:-

“326A. Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:

  Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:

Provided further that any fine imposed under this section shall be paid to the victim.

Explanation 1.—For the purposes of section 326A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.

Explanation 2.— For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.”

This section has been recently introduced vide the Criminal Law (Amendment) Act, 2013 and was not there as a statutory provision before 2013. This has happened due to the huge outcry[3] over the poor position of law relating to women after the gross injustice that happened in the Nirbhaya rape case[4] trial. This amendment to the laws making them more stringent was a welcome move, and India has finally kept up its pace with the world on criminal law, however, leaving ample room for improvement.

 It is pertinent to note that, although the law is new, this crime is anything but a recent one. This crime has gone unprosecuted for decades altogether now with voices of women being silenced forever.

 Acid attack, is the act of throwing corrosive material on the body of a person with the intent to disfigure, grievously hurt or kill the person. The most common consequence of acid attack is blindness, and often death[5]. The acid attack victim is not only physically scarred perpetually, but shattered socially and economically – the victims are not accepted by society, albeit the perpetrators of the crime are. The victim is left emotionally numb[6] in most cases – the acid not only eats through the skin, but it eats away the soul forever. The acid attacks are a gruesome crime[7], one treated to be of the most violent category, often equated with rape. The scar that this leaves is a permanent one, and this is a social pathology that can hardly be treated by legislation if the mind-set of the people do not change. Bangladesh tops by number of acid attacks reported[8], while India did not even have reported acid attack incidents as it was not an offence before 2013. The statistics show a very low mortality rate[9] for acid attack victims, but most of them are emotionally dead inside eventually when they are rejected by society. But that societal rejection is considered an obstacle only recently, because before 2013, even law disregarded them. In India, an exceptionally hostile environment prevails with regard to crimes against women, and India consistently gives enough reported incidents to shamelessly make it to the top-ten unsafe countries for women[10], even when the legal provision for acid attack was not present.