If Bangladesh Can Bring Down Acid Attack Cases, Why Can’t India?

Cops on the ground are not even aware of the new law on acid attacks: a special report by Payal Mohanka.

From a total of 80 reported cases in 2010, the figure for acid attack cases has gone up to 349 in 2014. (Photo: Ravi Choudhury/Altered by The Quint)

It’s a premeditated despicable violation that words cannot describe. A physical and psychological scarring that throws the victims into a hostile environment as they struggle to pick the shredded fragments of their lives. 

With close to 75 percent of the victims being females between the ages of 15 and 30, an acid attack is a crime worse than rape and murder. Victims often contemplate suicide as they suffer the excruciating pain of successive surgeries and then battle to find employment and acceptance.

Acid attack survivors at the launch of Acid Survivors Foundation India’s (ASFI) `War against acid violence` in New Delhi, on 1 June 2015. (Photo: IANS)

Bangladesh’s Fight Against Acid Attack

Bangladesh, which had the highest number of acid attack cases, is working on war footing to contain this evil. The Bangladesh Crime Control Act 2002 states the stipulation of a 30-day period from the date of lodging the FIR to the completion of the investigation.

In 2003 there were more than 400 cases. The figure is now less than 100, though the per capita instance of this crime is higher than that of India.  Determined to further bring down the figure, the Bangladesh government has also introduced a fast-track court which deals only with acid attack cases.

Acid Attack Cases on a Rise in India

Sadly, in India the figures of acid attack cases have escalated in the last few years with Uttar Pradesh, Delhi and West Bengal having the highest number of cases. From a total of 80 reported cases in 2010, the figure has gone up to 349 in 2014.  This could be because more victims are coming forward to register cases.

Also, earlier, police stations used their discretion and random figures were ascribed to acid attacks. A change in legislation has made tabulation more organised.  In 2010 acid attack violence was not classified as a separate category. They were being clubbed with other offences and recorded under Section 326 of the Indian Penal Code (voluntarily causing grievous hurt by dangerous weapons or other means). Today, the situation is different. In 2013, two new sections, 326A and 326B were added which specifically deal with acid violence.

Under Section 326 the offence was bailable and the perpetrator could walk away free. Today the offence is non-bailable with a minimum punishment of 10 years.

A poster by ASFI aimed at spreading awareness about acid attack. (Photo courtesy: Payal Mohanka)

The Acid Attack Menace

• Bangladesh has been able to bring down the number of acid attack cases by ensuring investigation is completed in 30-days.
  
• In India the number of acid attack cases have escalated; UP, Delhi and West Bengal has the highest number of such incidents.
  
• ASFI, a foundation that rehabilitates acid attack victims, found one police officer in Kolkata who was not aware of the new legislation.
  
• The govt has framed rules restricting the sale of acid over the counter, but success will depend on implementation.
  

Helping Acid Attack Victims In Rehabilitation

Headquartered in Kolkata, Acid Survivors Foundation India (ASFI), an initiative of Srei Foundation, was set up in 2010 to combat this growing menace.

ASFI is associated with Acid Survivors Trust International (ASTI), a London-based charity committed to the eradication of acid violence across the world. ASTI is supporting the development of six partner organisations in Bangladesh, Cambodia, Pakistan, Nepal, Uganda and India.

Challenges In Seeking Compensation

Working towards preventing instances of acid violence as well as providing support services to survivors, ASFI’s National Director and CEO Rahul Varma points out the challenges one confronts.

The biggest challenge we face is a very slow judiciary, a weak police system and the lack of holistic care to survivors.

Rahul Varma, National Director and CEO, ASFI

Office of Acid Survivors Foundation of India in Kolkata. (Photo courtesy: Payal Mohanka)

While earlier there was no provision for payment of any compensation by the government, the Supreme Court in 2013 issued a directive saying that a minimum compensation of Rs 3 lakh is to be paid to the victims within a three-month period.

For ASFI, which is facilitating the cumbersome compensation process for acid survivors, it has been a road fraught with challenges.  It is working on an awareness campaign with 69 police stations under the jurisdiction of Kolkata Police.  When ASFI began work, it found that the police officer on the ground was not aware of 326A and 326B. “Recording of cases is more accurate now. We are now working with the Bombay police,” says Bikramjit Sen, Deputy Director, ASFI.

The Union Home Secretary LC Goyal and the Secretary Health and Family Welfare BP Sharma jointly hold a meeting with the representatives of States and UTs to review the treatment of acid attack victims, in New Delhi on 14 March 2015. (Photo: IANS)

Framing Rules Not Enough

There have been a number of rape cases in moving cars after Delhi’s Nirbhaya case. Sometimes awareness campaigns work the other way. It puts ideas into perverted minds. Acid is cheap, easily available and can destroy.  So campaigns have to be worded with extreme care. They have to focus on severe punishment and the restrictions on the sale of acid.  This crime will cause trauma to the victim and the perpetrator.

Bikramjit Sen, Deputy Director, ASFI

In fact, a 5-minute film made by ASFI and the Railways to be exhibited at Metro stations in Kolkata was withdrawn as the authorities felt that this could encourage misguided youth instead of deterring them.

The government has framed rules restricting the sale of acid over the counter. The success will depend on its implementation. ASFI is also advocating housing by the government for victims as several have faced huge problems finding accommodation on rent.

Last December, the Supreme Court directed that acid attack victims should be included in the disabled list so that they get the right of reservation to government jobs and education benefits.

(Payal Mohanka is a Kolkata-based senior journalist.)

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