Why in News?

The Delhi High Court has refused to impose a blanket ban on over-the-counter sale of acid in retail stores in the National Capital in the matter of Shaheen Malik v. State of GNCTD Through Principal Secretary & Ors.

Background

• The Bench was dealing with a plea filed by an acid attack survivor named Shaheen Malik seeking a ban on the over-the-counter sale of acid.
• Shaheen Malik also prayed for repeal of the amendment to the Delhi Poisons Possession and Sale Rules, 2015, which permits the sale of acid in licensed stores.

Court’s Observations

• A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula allowed the sale of acid while stating that striking a balance between public safety and the legitimate uses of acid for industrial and other regulated purposes is crucial.
• It was further observed that acid serves various legitimate uses and applications in different industries, a blanket prohibition could inadvertently affect businesses and individuals who require it for lawful purposes.
• The Court in its order also directed the Delhi Government to conduct a comprehensive empirical study to assess the potential consequences of a complete ban on acid sale on various sectors, individuals, and businesses.

Acid Attack

• According to National Crime Records Bureau (Ministry of Home Affairs) data Acid Attack cases reported in past years are as follows:
• Acid Attack - 249 cases in 2019, 182 cases in 2020, 176 cases in 2021.
• Attempt to Acid Attack - 67 cases in 2019, 60 cases in 2020, 73 cases in 2021.
• The Ministry of Home Affairs issued an advisory in 2015 to all states to ensure speedy justice in cases of acid attacks by expediting prosecution.

Legal Provisions

• Provisions under Indian Penal Code, 1860 regarding Acid Attack were added by the 2013 amendment to the Act under Sections 326A, 326B.
• Section 326A - Voluntarily causing grievous hurt by use of acid, etc.—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.
• Section 326B - Voluntarily throwing or attempting to throw acid — Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
• 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.
• The provision of Compensation to the victims is provided by Section 357A of the Criminal Procedure Code, 1973(CrPC) where District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme.
• Whereas Section 357B of CrPC talks about the provision that Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code i.e. the compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A, section 376AB, section 376D, section 376DA and section 376DB of the Indian Penal Code, 1860.
• The Delhi Poisons Possession and Sale Rules, 2015 incorporates a provision that permits sale of acid to vendors who are licensed at the discretion of the licensing authority. The license is issued only to applicants who demonstrate compliance with the stipulated provisions.

Case Law

In Laxmi v. Union of India (2013), the Supreme Court outlined that establishments selling acid would need a licence to do so and have to be registered under the Poisons Act 1919. The judgement of the case further emphasized on following points:

• Sections 326A and 326B, which particularly addressed the offence of the acid assault, were added to Section 326 of the Indian Penal Code, 1860.
• The Code of Criminal Procedure, 1973 was amended to incorporate Section 357B, which ensures that the victim will get reimbursement in addition to the penalties required under Sections 326A and 376D of the IPC. Whereas Section 357A was added to explain the victim compensation programmer.
• COMPENSATION - The victim of acid attack is entitled to compensation of at least three lakh rupees, according to the Government’s Victim Compensation Scheme, which also established a consistent method for paying the compensation.
• It was emphasized that no facility, not even a private hospital, could refuse the victim medical care.
• When hospitals are short on equipment, the victim should first get primary care before being transferred to the appropriate hospital.
• The restrictions on acid sales and purchases were imposed.

Guideline by the Supreme Court for sale of acid:

• The Supreme Court gave guidelines about the sale of acid, to be followed in states which did not have state rules for the sale of acid.
• Under these guidelines, the shopkeepers must follow the following regulations:
• They can only undertake over-the-counter sale of acid, if they maintain a register with the details of the buyer, their address, and the quantity sold.
• They must only sell acid after the buyer shows a government issued photo ID with the address of the person and specifies their reason for buying the acid.
• They must declare their stocks of acid within 15 days to the Sub-Divisional Magistrate (SDM) of the district.
• They must not sell acid to minors.