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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL.)NO.129 OF 2006 LAXMI                      ...PETITIONER

VERSUS UNION OF INDIA & ORS.   ...RESPONDENTS

O R D E R

Pursuant  to  our  order  dated  06.02.2015,  the  Ministry of Home Affairs has filed an affidavit dated  8th April, 2015.

We have heard learned counsel for the parties in  considerable detail.  A  meeting  was  convened  by  the  Secretary  in  the  Ministry of Home Affairs, Government of India and the  Secretary in the Ministry of Health and Family Welfare,  Government  of  India  with  all  the  Chief  Secretaries/their  counterparts  in  the  States/Union  Territories on 14.03.2015.  From  the  affidavit,  the  provisional  figures  for  2014 indicate that there were 282 acid attacks in all  the States.  The majority of acid attacks were in the  States of Uttar Pradesh (185), Madhya Pradesh (53) and  Gujarat (11).

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  As  far  as  the  Union  Territories  are  concerned,  Delhi is the only Union Territory where acid attacks  have taken place and the total number of such attacks  in the year 2014 provisionally is 27.  In  all, therefore,  309 acid  attacks are  said to  have taken place provisionally in the year 2014.  As mentioned in our order dated 06.02.2015, with  the  amendment  to  the  Indian  Penal  Code,  nothing  survives in the first prayer made by the petitioner.  The second and third prayers relate to the cost of  treatment of the acid attack victims and application of  Section 357C of the Code of Criminal Procedure, 1973,  which was inserted by an Amendment Act in 2013 with  effect from 03.02.2013.  In  the meeting  convened by  the Secretary  in the  Ministry  of  Home  Affairs  and  the  Secretary  in  the  Ministry of Health  and Family Welfare on 14.03.2015, it  has been noted that a Victim Compensation Scheme has  already  been  notified  in  almost  all  the  States  and  Union Territories. However, we are told today that the  Victim  Compensation  Scheme  has  been  notified  in  all  States and Union Territories.  We have gone through the chart annexed along with  the affidavit filed by the Ministry of Home Affairs and

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we find that despite the directions given by this Court  in  Laxmi Vs.  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.  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.  We also direct the Member Secretary of the State  Legal Services Authority to obtain a copy of the Victim  Compensation  Scheme  from  the  concerned  State/Union  Territory and to give it wide and adequate publicity in  the  State/Union  Territory  so  that  each  acid  attack  victim  in  the  States/Union  Territories  can  take  the  benefit of the Victim Compensation Scheme.

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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.

The decisions taken in the meeting read as follows:

• The States/UTs will take a serious note of the  directions of the Supreme Court with regard to  treatment and payment of compensation to acid  attack  victims  and  to  implement  these  directions  through  the  issue  of  requisite  orders/notifications.

• 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.

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• 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.

We  expect  the  authorities  to  comply  with  these  decisions.

Although it is not made clear in the meeting held  on  14.03.2015,  what  we  understand  by  free  medical  treatment is not only provision of physical treatment  to the victim of acid attack but also availability of  medicines, bed and food in the concerned hospital.  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.

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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.  In the event of any specific complaint against any  private  hospital  or  government  hospital,  the  acid  attack victim will, of course, be at liberty to take  further action.  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.  The final issue is with regard to the setting up of  a Criminal Injuries Compensation Board. In the meeting

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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.   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.   A copy of this order be sent to learned counsel  appearing  for  the  Secretary  in  the  Ministry  of  Home  Affairs and the Secretary in the Ministry of Health and  Family Welfare for onward transmission and compliance  to the Chief Secretary or their counterparts in all the  States and Union Territories.

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The Chief Secretary will ensure that the order is  sent to all the District Magistrates and due publicity  is given to the order of this Court.

A copy of this order should also be sent to the  Member Secretary of NALSA for onward transmission and  compliance to the Member Secretary of the State Legal  Services  Authority  in  all  the  States  and  Union  Territories. The Member Secretary of the State Legal  Services Authority will ensure that it is forwarded to  the Member Secretary of each District Legal Services  Authority who will ensure that due publicity is given  to the order of this Court.

The  writ  petition  is  disposed  of  in  the  above  terms.

.............................J.  (MADAN B. LOKUR)

.............................J.  (UDAY UMESH LALIT)

NEW DELHI APRIL 10, 2015