SC brings survivors of forcible ingestion of acid in RPwD Act
The Supreme Court on Monday included persons who were forcibly administered acid within the definition of “acid attack victims” under the Rights of Persons with Disabilities Act, 2016.The 2016 law recognised only victims of acid-throwing, and not forcible acid ingestion. It accepted both the act of acid-throwing and the administration of acid as offences punishable with imprisonment from 10 years to a life sentence under Section 124 (voluntarily causing grievous hurt).
A Bench of Chief Justice of India Surya Kant and Joymalya Bagchi said the reading into of survivors of forcible administration of acid in the category of “acid attack victims” would be deemed to be operative retrospectively from the inception of the Act in 2016.
Benefits apply
The deemed recognition would aid victims of forcible acid ingestion to claim disability benefits due under the 2016 Act.
Solicitor-General Tushar Mehta, appearing for the Union government, said the nodal Ministry had already forwarded the proposed amendment in the Schedule of the 2016 Act to the Ministry of Legislative Affairs.
Though Mr. Mehta urged the court to wait for the Ministry to initiate the amendment, senior advocate Mukul Rohatgi, appearing for petitioners, successfully pleaded the court to flex its plenary powers under Article 142.
“The victims mostly, if not all, are women. Till the Schedule of the 2016 Act is changed, the Supreme Court must pass an order under Article 142 to include not only persons on whom acid was thrown but also those who suffered the extreme agony of having to forcibly ingest acid in the category of ‘acid attack victim’. There is some monetary support given to them under the Act and they are issued an identity card…,” Mr. Rohatgi submitted.
The court had suggested framing a comprehensive policy framework to protect the survivors, who require extensive and continuous medical treatment.
The court has suggested framing a comprehensive policy framework to protect the survivors
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