Page 1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 867 OF 2013

Parivartan Kendra ….Appellant(s)

versus

Union of India and others ….Respondent(s)

J U D G M E N T

M.Y. Eqbal, J.:

By way of present writ petition filed in public interest

under Article 32 of the Constitution of India, the petitioner – a

registered NGO seeks to highlight the plight of the acid attack

victims and the inadequacy how the compensation payable to

the victims as per the orders of the Apex Court in Laxmi vs.

Union of India (in Writ Petition (Crl.) No.129 of 2006).

Petitioner also highlights the lack of a legal guarantee to free

medical care, rehabilitative services or adequate compensation

under the Survivor Compensation Schemes.

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Page 2 2.The petitioner highlighting the plight of two dalit girls of

Bihar, who were attacked around midnight of October 21,

2012 by four assailants who threw acid on the face and bodies

of the girls while they were sleeping on their rooftops. It is

alleged that these young assailants used to harass the elder

sister on the streets, market and in the auto rickshaw while

she was going to computer classes or to work. This victim

wanted to be a computer engineer and used to go to college

regularly and supported her family working as a daily wage

worker. However, these assailants used to make sexual

advances towards her, pass lewd comments, and also used to

pull her dupatta. They terrorized her and her family members

by roaming near her house on their motorcycles, tore the

curtains of their house and told her that if she did not heed to

their demands and agree to have sexual relations with them

they would damage and destroy her face.

3.In the aforesaid midnight, while both sisters were

sleeping, assailants Anil Rai, Ghanshyam Rai, Badal and Raja

2

Page 3 climbed upon the roof and Anil covered the elder sister’s

mouth so that she could not scream and Ghanshyam and Raja

held her legs so that she could not move. When Anil Rai was

pouring the acid on her body and face, the acid also fell on her

sister’s body and burnt her arm. After the attack, these men

did not make any effort to flee as they wanted to stay and

enjoy the moment. As the acid started burning the girls, the

girls started screaming and crying waking up their parents,

who rushed to the rooftop. Upon this, the assailants fled. The

victims were rushed to the Patna Medical College and

Hospital. According to the petitioner, the doctors arrived only

the next morning and did not give them proper treatment and

the family had to buy all the medicines on their own.

Thereafter, victims’ family was given Rs.2,42,000/- from the

Government of Bihar for the treatment of both. It has been

contended by the petitioner that till the filing of this writ

petition more than Rs. 5 lakhs had already been spent on their

treatment and still the victims require more treatment.

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Page 4 4.It has been submitted by the petitioner that proper and

adequate treatment was not given to the victim. The Patna

Hospital waited for more than a month to conduct elder

sister’s grafting surgeries. Three grafting surgeries were

performed on the elder sister. It is claimed that all these three

surgeries were not performed properly and that the Hospital

staff and doctors mistreated the victim and their family as they

belonged to a lower caste. With the help of the petitioner-

Society, the victim was transferred to Safdarjung Hospital,

Delhi on 5

th

April, 2013, where she finally received proper

treatment. It has been further contended by the petitioner that

the Police also arrested the four perpetrators a month after the

attack in November, 2012 in response to intense pressure

from social organizations and the media. On 8.2.2013, the IG

of Police had made a statement in an interview that the

statement of the victim would be taken under Section 164 of

the Criminal Procedure Code. However, according to the

petitioner, no such statement had been taken till filing of the

writ petition. The victim and her family are, therefore,

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Page 5 appalled by the treatment they have received at the hands of

the Patna Hospital, the Police and the Government of Bihar.

5.By way of present writ petition, the petitioner has sought

justice, compensation and restoration of dignity of the

survivors of the acid attack, and also the assurance that these

horrific events are not repeated elsewhere. It is contended

that despite orders and directions of the Apex Court in

Laxmi’s case (supra), acid is still readily available to most of

the population in India and the acid attackers are living with

impunity, and the victims are not in a position to afford basic

care or services. Since buying acid is simple, it is being used

to settle most minor disputes. An acid attack survivor needs

surgeries throughout his/her lifetime with each surgery

costing around Rs.3 lakhs. It has been further pleaded by the

petitioner that this crime is mainly committed in four

countries of the world, namely, Bangladesh, Pakistan,

Cambodia and India. All the other three countries have

engaged in paving the way to an effective remedy for the

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Page 6 survivors of the victims. Petitioner contends that Bangladesh

passed a law in 2002, which is much stronger law than the

Indian Law as Indian Law neither effectively address the

gravity of acid attacks nor does it adequately help the acid

attack survivors.

6.The petitioner submits that the failure of the States to

provide compensation under Survivor Compensation Schemes

have caused the survivors to be isolated from all sections of

society as they are unable to leave their house because of their

disfigurements. The compensation of Rs. 3 Lakh does not

cover the entire expenses incurred by an acid attack victim.

The petitioner further contends that the Union of India has not

developed any standard treatment and management

guidelines; public health facilities etc., to treat acid attack

victims. The petitioner has sought development of

comprehensive rehabilitation scheme for acid attack survivors

i.e., housing, education and employment.

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Page 7 7.The petitioner has prayed for issuance of writ of

mandamus to the State of Bihar to reimburse Rs. 5 lakh to the

victim’s family which is the amount spent on her treatment so

far and for any other expenditure incurred on the treatment of

the minor sister, and to provide compensation of at least Rs.10

Lakhs to the victims’ family in lieu of their pain and suffering.

The petitioner has also inter alia prayed for issuance of writ of

mandamus or directions to develop a standard treatment and

management guidelines for the treatment and handling of acid

attack victims by constituting a panel of experts; to direct all

private hospitals to provide free treatment in acid attack cases

and to have pictorial displays with the first aid and primary

care protocols and guidelines to neutralize the acid and

stabilize the survivor in the all Public Health Centres, sub-

centres and government hospitals. Petitioner has also prayed

for inclusion of acid attacks in the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act and to reform

educational programs in primary school to understand the

gravity of violence against women.

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Page 8 8.We have heard Mr. Colin Gonsalves, learned senior

counsel appearing for the petitioner, and learned counsel

appearing for the Union of India, State of Bihar and other

States.

9.Before we proceed further, we would like to go through

the orders passed by the Apex Court in the case of W.P. (Crl.)

No. 129 of 2006 titled as Laxmi vs. Union of India, dealing

with a similar case of acid attack victim. On 18.07.2013, this

Court passed the following order:

“6. The Centre and States/Union Territories shall work

towards making the offences under the Poison Act,

1919 cognizable and non-bailable.

7. In the States/Union Territories, where rules to

regulate sale of acid and other corrosive substances

are not operational, until such rules are framed and

made operational, the Chief Secretaries of the

concerned States/Administrators of

the Union Territories shall ensure the compliance of

the following directions with immediate effect:

(i) Over the counter, sale of acid is completely

prohibited unless the seller maintains a log/register

recording the sale of acid which will contain the details

of the person(s) to whom acid(s) is/are sold and the

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Page 9 quantity sold. The log/register shall contain the

address of the person to whom it is sold.

(ii) All sellers shall sell acid only after the buyer has

shown:

a) a photo ID issued by the Government which

also has the address of the person.

b) specifies the reason/purpose for

procuring acid.

(iii) All stocks of acid must be declared by the seller

with the concerned Sub-Divisional Magistrate (SDM)

within 15 days.

(iv) No acid shall be sold to any person who is below 18

years of age.

(v) In case of undeclared stock of acid, it will be open

to the concerned SDM to confiscate the stock and

suitably impose fine on such seller up to Rs. 50,000/-

(vi) The concerned SDM may impose fine up

to Rs. 50,000/- on any person who commits breach of

any of the above directions.

8. The educational institutions, research laboratories,

hospitals, Government Departments and the

departments of Public Sector Undertakings, who are

required to keep and store acid, shall follow the

following guidelines:

(i) A register of usage of acid shall be maintained and

the same shall be filed with the concerned SDM.

(ii) A person shall be made accountable for possession

and safe keeping of acid in their premises.

(iii) The acid shall be stored under the supervision of

this person and there shall be compulsory checking of

the students/personnel leaving the laboratories/place

of storage where acid is used.

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Page 10 9. The concerned SDM shall be vested with the

responsibility of taking appropriate action for the

breach/default/violation of the above directions.

10. Section 357A came to inserted in the Code of

Criminal Procedure, 1973 by Act 5 of 2009 w.e.f.

31.12.2009. Inter alia, this Section provides for

preparation of a scheme for providing funds for the

purpose of compensation to the victim or his

dependents who have suffered loss or injury as a

result of the crime and who require rehabilitation.

11. We are informed that pursuant to this provision,

17 States and 7 Union Territories have prepared

'Victim Compensation Scheme' (for short "Scheme"). As

regards the victims of acid attacks the compensation

mentioned in the Scheme framed by these States

andUnion Territories is un-uniform. While the State of

Bihar has provided for compensation of Rs. 25,000/-

in such scheme, the State of Rajasthan has provided

for Rs. 2 lakhs of compensation. In our view, the

compensation provided in the Scheme by most of the

States/Union Territories is inadequate. It cannot be

overlooked that acid attack victims need to undergo a

series of plastic surgeries and other corrective

treatments. Having regard to this problem, learned

Solicitor General suggested to us that the

compensation by the States/ Union Territories

for acid attack victims must be enhanced to at

least Rs. 3 lakhs as the after care and rehabilitation

cost. The suggestion of learned Solicitor General is

very fair.

12. We, accordingly, direct that the acid attack victims

shall be paid compensation of at least ` 3 lakhs by the

concerned State Government/Union Territory as the

after care and rehabilitation cost. Of this amount, a

sum of Rs. 1 lakh shall be paid to such victim within

15 days of occurrence of such incident (or being

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Page 11 brought to the notice of the State Government/

Union Territory) to facilitate immediate medical

attention and expenses in this regard. The balance

sum of ` 2 lakhs shall be paid as expeditiously as may

be possible and positively within two months

thereafter. The Chief Secretaries of the States and the

Administrators of the Union Territories shall ensure

compliance of the above direction.”

10.On 3

rd

December, 2013, in Laxmi’s case (supra), when

the affidavit of State of Haryana was placed before the Bench,

in which it stated that the Government of Haryana is in the

process of framing a scheme for full medical treatment, short

term as well as long term, for specialised plastic surgery,

corrective surgeries, providing specialised psychological

treatment to the acid victims to help them to come out of the

horror and trauma of the acid attack and their rehabilitation,

this Court directed the Chief Secretaries of the States (other

than Haryana) and the administrators of the Union Territories

to file affidavit and indicate to this Court, the State's view in

bearing 100% cost of treatment of the acid victims in line with

the decision taken by the Government of Haryana and also

with regard to framing of scheme on the lines of Haryana

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Page 12 Government for medical treatment at specialised hospitals

having facility for plastic surgery, corrective surgery and

psychological as well as other treatment to the acid victims.

This Court further directed the Chief Secretaries of the

States and Administrators of the Union Territories to

issue necessary instructions to the Police Stations within their

respective State/Union Territory that as and when an FIR is

lodged with the police relating to acid attack, the concerned

Police Station will send a communication to the jurisdictional

S.D.M. about receipt of such information. Upon receipt of such

information, the jurisdictional S.D.M. shall then make inquiry

into the procurement of acid by the wrong doer and take

appropriate action in the matter.

11.While disposing of the writ petition of Laxmi versus

Union of India, this Court inter alia held, thus:-

“10. We have gone through the chart annexed along

with the affidavit filed by the Ministry of Home Affairs

and we find that despite the directions given by this

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Page 13 Court in Laxmi v. Union of India (2014) 4 SCC 427],

the minimum compensation of Rs. 3,00,000/- (Rupees

three lakhs only) per acid attack victim has not been

fixed in some of the States/Union Territories. In our

opinion, it will be appropriate if the Member Secretary

of the State Legal Services Authority takes up the

issue with the State Government so that the orders

passed by this Court are complied with and a

minimum of Rs. 3,00,000/- (Rupees three lakhs only)

is made available to each victim of acid attack.

11. From the figures given above, we find that the

amount will not be burdensome so far as the State

Governments/Union Territories are concerned and,

therefore, we do not see any reason why the directions

given by this Court should not be accepted by the

State Governments/Union Territories since they do not

involve any serious financial implication.

xxxxxxxxx

13. Insofar as the proper treatment, aftercare and

rehabilitation of the victims of acid attack is

concerned, the meeting convened on 14.03.2015 notes

unanimously that full medical assistance should be

provided to the victims of acid attack and that private

hospitals should also provide free medical treatment to

such victims. It is noted that there may perhaps be

some reluctance on the part of some private hospitals

to provide free medical treatment and, therefore, the

concerned officers in the State Governments should

take up the matter with the private hospitals so that

they are also required to provide free medical

treatment to the victims of acid attack.

14. The decisions taken in the meeting read as

follows:

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Page 14 • The private hospitals will also be brought on board

for compliance and the States/UTs will use necessary

means in this regard.

• No hospital/clinic should refuse treatment citing lack

of specialized facilities.

• First-aid must be administered to the victim and

after stabilization, the victim/patient could be shifted

to a specialized facility for further treatment, wherever

required.

• Action may be taken against hospital/clinic for

refusal to treat victims of acid attacks and other

crimes in contravention of the provisions of

Section 357C of the Code of Criminal Procedure, 1973.

xxxxxxx

17. We, therefore, issue a direction that the State

Governments/Union Territories should seriously

discuss and take up the matter with all the private

hospitals in their respective State/Union Territory to

the effect that the private hospitals should not refuse

treatment to victims of acid attack and that full

treatment should be provided to such victims

including medicines, food, bedding and reconstructive

surgeries.

18. We also issue a direction that the hospital, where

the victim of an acid attack is first treated, should give

a certificate that the individual is a victim of

an acid attack. This certificate may be utilized by the

victim for treatment and reconstructive surgeries or

any other scheme that the victim may be entitled to

with the State Government or the Union Territory, as

the case may be.

19. In the event of any specific complaint against any

private hospital or government hospital,

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Page 15 the acid attack victim will, of course, be at liberty to

take further action.

20. With regard to the banning of sale of acid across

the counter, we direct the Secretary in the Ministry of

Home Affairs and Secretary in the Ministry of Health

and Family Welfare to take up the matter with the

State Governments/Union Territories to ensure that

an appropriate notification to this effect is issued

within a period of three months from today. It appears

that some States/Union Territories have already

issued such a notification, but, in our opinion, all

States and Union Territories must issue such a

notification at the earliest.

21. The final issue is with regard to the setting up of a

Criminal Injuries Compensation Board. In the meeting

held on 14.03.2015, the unanimous view was that

since the District Legal Services Authority is already

constituted in every district and is involved in

providing appropriate assistance relating

to acid attack victims, perhaps it may not be necessary

to set up a separate Criminal Injuries Compensation

Board. In other words, a multiplicity of authorities

need not be created.

22. In our opinion, this view is quite reasonable.

Therefore, in case of any compensation claim made by

any acid attack victim, the matter will be taken up by

the District Legal Services Authority, which will

include the District Judge and such other co-opted

persons who the District Judge feels will be of

assistance, particularly the District Magistrate, the

Superintendent of Police and the Civil Surgeon or the

Chief Medical Officer of that District or their nominee.

This body will function as the Criminal Injuries

Compensation Board for all purposes.”

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Page 16 12. The above mentioned direction given by this Court in

Laxmi’s case (supra) is a general mandate to the State and

Union Territory and is the minimum amount which the State

shall make available to each victim of acid attack. The State

and Union Territory concerned can give even more amount of

compensation than Rs.3,00,000/- as directed by this Court. It

is pertinent to mention here that the mandate given by this

Court in Laxmi’s case nowhere restricts the Court from giving

more compensation to the victim of acid attack, especially

when the victim has suffered serious injuries on her body

which is required to be taken into consideration by this court.

In peculiar facts, this court can grant even more compensation

to the victim than Rs. 3,00,000/-.

13.We have come across many instances of acid attacks

across the country. These attacks have been rampant for the

simple reason that there has been no proper implementation

of the regulations or control for the supply and distribution of

acid. There have been many cases where the victims of acid

16

Page 17 attack are made to sit at home owing to their difficulty to

work. These instances unveil that the State has failed to check

the distribution of acid falling into the wrong hands even after

giving many directions by this Court in this regard.

Henceforth, a stringent action be taken against those erring

persons supplying acid without proper authorization and also

the concerned authorities be made responsible for failure to

keep a check on the distribution of the acid.

14. When we consider the instant case of the victims, the

very sight of the victim is traumatizing for us. If we could be

traumatized by the mere sight of injuries caused to the victim

by the inhumane acid attack on her, what would be the

situation of the victim be, perhaps, we cannot judge.

Nonetheless we cannot be oblivious of the fact of her trauma.

15.From perusal of the record of the case, it is found that

elder sister suffered 28 % burns on her body and 90% on her

17

Page 18 face, owing to the alleged brutal attack on her. Due to the acid

attack, the victim had undergone several surgeries, and has to

undergo many more corrective and curative surgeries for her

treatment.

16.Admittedly, three skin grafting surgeries were conducted

by the PMCH but they were all improperly conducted as

testified at Sarfdarjung Hospital. The victim, was brought to

Delhi by the petitioner and in Delhi some skin grafting

surgeries were again conducted at the Sarfdarjung Hospital for

Neck, Lips, Eyes, Nose, Arm, Forehead and Ear. Further skin

grafting surgeries were also conducted at Fortis Hospital for

Neck, Lips, Nose, Eye and Arm. In the opinion of victim’s

doctor also, she would be required to undergo multiple

corrective and curative operations and medical support for the

rest of her life. Victim would be required to have corrective and

curative surgeries for Neck, Lips, Eyes, Nose, Arm, Forehead,

Ears, Breasts and Elbow. Apart from the above medical

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Page 19 conditions/treatment, which she is required to undergo, there

are many other consequences, which an acid attack brings out

in the life of the victim.

17.Considering the plight of the victim we can sum up that:

the likeliness of the victim getting a job

which involves physical exertion of energy

is very low.

the social stigma and the pain that she has

to go through for not being accepted by the

society cannot be neglected. Furthermore,

the general reaction of loathing which she

would have to encounter and the

humiliation that she would have to face

throughout her life cannot be compensated

in terms of money.

as a result of the physical injury, the victim

will not be able to lead a normal life and

cannot dream of marriage prospects.

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Page 20 since her skin is fragile due to the acid

attack she would have to take care of it for

the rest of her life. Therefore, the after care

and rehabilitation cost that has to be

incurred will have huge financial

implications on her and her family.



18.On perusal of various contentions and evidence, we find

it imperative to mention that even after this Court having

passed an order dated 06.02.2013 directing the Union of India

and States to implement compensation payable to acid attack

victims by creation of a separate fund, only 17 States have

been notified of the Victim Compensation Schemes (VSC). Out

of which 7 states and 4 Union territories have not initiated the

VSC. Even in those States where the Scheme has been

implemented a meager compensation ranging between

Rs.25,000/- to Rs. 2 lakhs is provided for medical care. And

many States have not provided any compensation for

rehabilitation at all. In the present case, the Govt. of Bihar has

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Page 21 fixed a pitiable amount of Rs.25,000/- for the victims of acid

attack.

19.The Guidelines issued by orders in the Laxmi’s case are

proper, except with respect to the compensation amount. We

just need to ensure that these guidelines are implemented

properly. Keeping in view the impact of acid attack on the

victim on his social, economical and personal life, we need to

enhance the amount of compensation. We cannot be oblivious

of the fact that the victim of acid attack requires permanent

treatment for the damaged skin. The mere amount of Rs. 3

lakhs will not be of any help to such a victim. We are

conscious of the fact that enhancement of the compensation

amount will be an additional burden on the State. But

prevention of such a crime is the responsibility of the State

and the liability to pay the enhanced compensation will be of

the State. The enhancement of the Compensation will act in

two ways:-

1. It will help the victim in rehabilitation;

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Page 22 2. It will also make the State to implement the

guidelines properly as the State will try to comply with it

in its true sprit so that the crime of acid attack can be

prevented in future.

20.Having regard to the problems faced by the victims, this

Court in the case of Laxmi v. Union of India & Ors by an

order dated 18.07.2013, enhanced the compensation, stating

that, “at least Rs.3 Lakhs must be paid to the victims of acid

attacks by the concerned Government”. Therefore, a minimum

of Rs.3 Lakhs is to be awarded by the Government to each

victim of acid attack. In the present case, a minimum amount

of Rs. 6 Lakhs has to be awarded to the sisters.

21.In peculiar facts of the case, we are of the view that

victim Chanchal deserves to be awarded a compensation more

than what has been prescribed by this Court in the Laxmi’s

case (supra). Though in this case we are not issuing any

guidelines different from the guidelines issued in Laxmi’s case,

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Page 23 we should not forget that the younger sister was also injured

by the acid attack. Although her degree of sufferance is not

as that of the elder one, but she also requires treatment and

rehabilitation. It is to be noted that this Court in Laxmi’s case

(supra) doesn’t put a bar on the Govt. to award compensation

limited to Rs.3 Lakhs. The State has the discretion to provide

more compensation to the victim in the case of acid attack as

per Laxmi’s case guidelines. It is also to be noticed that this

Court has not put any condition in Laxmi’s case as to the

degree of injuries which a victim has suffered due to acid

attack. In the instant case, the victim’s father has already

spent more than Rs. 5 lakhs for the treatment of the victim. In

consideration of the severity of the victim’s injury, expenditure

with regard to grafting and reconstruction surgery, physical

and mental pain, etc., we are of the opinion that the victim

(Chanchal) should be compensated to a tune of at least Rs. 10

Lakhs. Suffice it to say that the compensation must not only

be awarded in terms of the physical injury, we have also to

take note of victim’s inability to lead a full life and to enjoy

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Page 24 those amenities which is being robbed of her as a result of the

acid attack. Therefore, this Court deems it proper to award a

compensation of Rs. 10 lakhs and accordingly, we direct the

concerned Government to compensate the victim Chanchal to

a tune of Rs. 10 Lakhs, and in light of the Judgment given in

Laxmi’s case we direct the concerned State Government of

Bihar to compensate the main victim’s sister, Sonam to a tune

of Rs. 3 Lakhs. Of the Total amount of Rs. 13 Lakhs, a sum of

Rs. 5 lakhs shall be paid to the victim and her family within a

period of one month and the remaining sum of Rs. 8 lakhs

shall be paid to the victims within a period of three months

from the date of this order. Furthermore, the State shall upon

itself take full responsibility for the treatment and

rehabilitation of the victims of acid attack as per the

Guidelines provided in Laxmi’s case, (2015) 5 SCALE 77, vide

order dated 10.4.2015.

22.Disposing of the present writ petition, we additionally

direct all the States and Union Territories to consider the

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Page 25 plight of such victims and take appropriate steps with regard

to inclusion of their names under the disability list.

…………………………… .J.

(M.Y. Eqbal)

…………………………… .J.

(C. Nagappan)

New Delhi

December 07, 2015

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