07 December 2015
Supreme Court
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PARIVARTAN KENDRA Vs U.O.I

Bench: M.Y. EQBAL,C. NAGAPPAN
Case number: W.P.(C) No.-000867-000867 / 2013
Diary number: 26658 / 2013
Advocates: JYOTI MENDIRATTA Vs


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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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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  

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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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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  5th 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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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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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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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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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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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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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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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 3rd 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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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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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.

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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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•  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.

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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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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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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  

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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  

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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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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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 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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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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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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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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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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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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