Laxmi Vs Union Of India &Ors.

Laxmi Vs Union Of India &Ors.

 

Judges

·       Madan B.Lokur

·       Uday Umesh Lalit

·       R.V. Raveendran

·       A.K Patnaik

 

Facts

 

·       Laxmi Aggarwal, filed a PIL in 2016,after surviving acid attack when she was a 16 years old minor.

·       When Laxmi denied to marry the accused, a man named Naeem khan, he along with two other co-accused grievouslyhurt her by throwing acid on her face in New Delhi.

·       She filed a criminal case by charging attempt to murder against all the accused in Delhi.

·       The culprits got convicted by the Districtcourt of Delhi but later got Bail form the High Court of Delhi.

·        The victim, Laxmi who was already in a lot of mental-trauma because of the physical pain along with the surgeries that she has to undergo, was perplexed by the decision and thought it was not appropriate for such pain that she has to suffer.

·       This compelled her to file the present Public Interest Litigation targeting the easy availability of acid in the market, the weak laws on acid attack.

·       She also demanded victim compensation scheme from the government for the physical, emotional and mental torture caused to the acid attack survivor, proper health care facilities on urgent basis and rehabilitation to the victims.

 

 

Issues

 

·       To make stricter laws and sentences by making significant amendments in the Indian Penal Code 1860 and the criminal procedure code 1973 related to acid attack offence.

·       To completely prohibit vending of acid and it’s distribution in the shops to prevent the easy availability of acid.

·       To reintegrate and compensate the victims of acid attack.

 

Judgement

 

·       The state government in coordination with the central government shall prepare schemes as provided in section 357-A of the code of criminal procedure 1973 (added after the amendment dated 31 December 2009) for the purpose of providing compensation to the victims of crimes, in particular, acid attack victims.

·       A compensation of minimum Rs. 3,00,000/- (Rs. Three Lakhs) is made available to the victim of acid attack in each state.

·       As far as the proper treatment, aftercare and rehabilitation of the victims of the victims of acid attack are concerned, full medical assistance should be provided to the victims of acid attack and private hospitals should also provide free medical treatment to such victims. Appropriate actions should also be taken by state government against those private hospitals who are reluctant to provide free medical treatment.

·       With regard to the banning of sale of acids across the counter, the secretary in the minister ministry of home affairs and the secretary in the ministry of health and family welfare are directed to take the matter with state government/union territories to ensure that an appropriate notification to this effect is issued at the earliest.

 

 

Conclusion

 

Before this case, the act of committing the offence of acid attack was covered under grievous hurt under section 320 of Indian penal code. But after this judgement, Themost step was the amendment in the laws for acid attack offence in the penal code by insertion of section 326A and 326B relating to the laws and punishment of throwing acid offence and in Code of criminal procedure section 357A and 357C was inserted which provides compensation to the acid attack survivors and treatment of acid attack victims free of cost in in both public and private sectors.This case changed the scenario of seeing acid attack cases because of amendment in laws.

 

 

 

 

 

 

 

 

 

Precedent

 

Parivartan Kendra vs. Union of India and others

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