Two days ago, news of acid being thrown at a 17-year-old girl by two masked men in Delhi's Dwarka district trickled in. The minor, who was on her way to school, was rushed to Safdarjung hospital and had received eight percent burn injuries on her face and neck.
The Delhi Police arrested the accused the same day and police alleged that they had bought the acid on e-commerce website, Flipkart. Police claimed that the acid used to commit the crime seems to be nitric acid but it will be confirmed only after the forensic examination is done.
This leads us to the obvious questions:
Isn't over-the-counter sale of acid banned in India since 2013?
How was acid being sold on Flipkart?
What action can be taken against the seller, especially if it's on an e-commerce platform?
Explained: How Accessible Is Acid 10 Years After Supreme Court's Ban On Its Sale
1. What Action Has been Taken by Police and Flipkart So Far?
The incident took place on the morning of 14 December, when the girl, a student of class 12, left her home in Dwarka to go to school. A case under Section 326A (voluntarily causing grievous hurt by use of acid) of the Indian Penal Code (IPC) was registered at the Mohan Garden police station.
Under the section, anyone who throws acid at a person with an intention to cause grievous injury is liable to be imprisoned for a term of minimum 10 years, and may be extended to life. The accused have been sent to police custody for two days.
About the allegations that the acid was bought online, the Delhi Police sent a notice to e-commerce platform Flipkart, seeking information of the seller and the transaction a day later. DCP Dwarka Harsh Vardhan said, "They have been asked for compliance of regulations related to sale of acid."
Meanwhile Flipkart, in a statement, told The Quint, “The concerned seller has been blacklisted, and we are extending all support to the concerned authorities in their investigation.”
Unlicensed over-the-counter sale of acid has been banned in India since 2013, yet nearly 10 years later, perpetrators are apparently circumventing the laws via online shopping portals.
Expand2. Isn’t Over-the-Counter Sale of Acid Banned in India?
It was in the year 2013 that the Supreme Court had offered legal remedy to acid attack survivors in the landmark Laxmi vs Union of India case. In addition to acknowledging acid attack as a heinous, non-bailable offence with a punishment of up to 10 years, the top court had also laid out measures to check the sale and purchase of acid. These are the requirements that were outlined by the apex court:
Establishments selling acid will need to procure a license to do so.
They have to be registered under the Poisons Act, 1919.
Sellers need to maintain a register, which has a record of the stock and sales of acid.
The buyer of acid must provide a government-issued photo identity proof which contains the the buyer's address, and must disclose the reason for buying acid.
Acid cannot be sold to minors.
States and Union Territories can frame laws over and above these guidelines to ensure illegal sale and purchase of acid is curtailed.
In case a person is found violating these guidelines, a formal complaint can be lodged with Sub-Divisional Magistrate (SDM) of the district, who can then levy fines on shopkeepers found breaching the rules given above.
In Delhi, if an establishment is found violating these rules, a penalty of Rs 50,000 can be imposed by the SDM, as per the Delhi Poisons Possession and Sales Rules, 2015.
Besides, people selling acid, or anything which is corrosive on the skin, need to get a licence from the Delhi Police’s Licensing Department and renew every year after due verification of their premises by police personnel.
Expand3. Has This Been an Effective Measure To Check Acid Attack Cases?
The number of acid attack cases post the 2013 Supreme Court ruling paint a grim picture, indicating that the rules stated by the apex court are either not being followed or being circumvented.
In response to a question in the Parliament, the Union Home Ministry in August this year had stated that 386 cases of acid attack on women have been registered across the country between 2018 and 2022.
Further, between 2014 and 2018, there have been 1,483 acid attack cases in the country. Although, there is a decline in the number of cases registered in the last three years, yet the number of convictions — 62 — is a petty fraction of the number of cases.
Pragya Prasun, Founder of Atijeevan Foundation, which works for the empowerment and rehabilitation of acid attack survivors, told The Quint, "Acid is still easily accessible, especially in remote areas which are away from media glare, where shopkeepers are not aware of the laws on the sale of acid."
“One can easily get a litre of acid, for Rs 20-25 at grocery stores. Acid is the easiest and cheapest weapon available in the market to kill someone or to destroy their life."
Pragya Prasun, Founder, Atijeevan FoundationPrasun said that while numbers indicate a reduction in cases, often it can be attributed to many victims and survivors, especially in cases of domestic violence, not lodging a formal police complaint. She also lamented on the poor conviction rate in such cases.
“The survivor’s family lose all their energy and money to get the treatment done for their ward. After that, there are hardly any resources left for a court case. Even then, the hearing goes on and on, instead of it taking place in fast-track courts and being disposed of within six months to one year. This ultimately empowers the perpetrators of such crimes,” Prasun, an acid-attack survivor herself, remarked.
"I don't think these guidelines are enough. First, these guidelines are not very well known publicly. If big companies such as Flipkart are so lax, I am quite certain that chemists and shopkeepers aren't aware either. For better implementation of these guidelines, awareness in public is important," Supreme Court Senior Advocate Jayna Kothari, a lawyer who has represented acid-attack victims, told The Quint.
Expand4. But How Can Acid Be Sold Online?
In a statement, e-commerce platform Flipkart told The Quint, "The Flipkart marketplace platform closely monitors and delists products that violate expected standards. Strict action is taken against sellers who are found to be engaged in selling products that are illegal, unsafe, and prohibited."
While Flipkart has blacklisted the seller and has agreed to help out in the investigation, yet the action comes in response to the incident, and not as a pre-emptive measure.
The Confederation of All India Traders (CAIT) on Thursday came down heavily on e-commerce giants Flipkart and Amazon.
“Had this been done by the a small shopkeeper/kirana store, the police would have booked a case against the shopkeeper. However, e-commerce entities such as Amazon and Flipkart, who are habitual offenders, go scot-free. The government must tighten the regulation for e-commerce marketplace companies and make them accountable for such lapses.”
BC Bhartia, President, CAITThe traders' body urged authorities to cancel e-commerce license in case of such defaults and penalise them heavily. It also said that the e-commerce giants cannot be allowed protection as a data intermediary under Section 79 of the IT Act, "as they do warehousing, advertising, delivery, logistic, payment settlement etc which does not fall in the domain of data intermediaries."
Meanwhile, Jayna, said that just "blacklisting a seller is not enough".
"What is the company doing internally to ensure that such sellers are not finding space on e-commerce websites, such as Flipkart?," she said.
"The rules that apply to sale of a product that is prohibited in retail shops, should ideally pari materia (of the same matter) be applicable to any mode of retail, including e-commerce," Pankaj Kumar, a Supreme Court advocate, told The Quint.
On the penalty of Rs 50,000 on those who sell acid illegally in Delhi, Kumar said, "There is no mechanism to ensure that this is helping curb cases of acid attack, until a centralised monitoring committee is formed."
"There should be a centralised licensing system for the sale of acid. The number of licenses issued should be numbered, so that you can keep a check. Besides, acid finds no domestic use these days, as safer substitutes are available in the market."
Pankaj Kumar, Advocate-on-record, Supreme CourtTo set up an enquiry after the offence has taken place, and penalise the seller Rs 50,000 is too little too late, Kumar added, saying in the current guidelines, there is no element of prohibiting it, only compensating for the offence.
Expand5. Why Are Authorities Not Checking Acid Sale Effectively?
In a notice sent to the Delhi Home Ministry on 14 December, Delhi Commission for Women (DCW) chairperson Swati Maliwal pointed at the “lack of implementation of the Delhi Government order for regulating sale of acid in Delhi.” The order empowers the area SDM to make surprise inspections and impose a penalty of Rs 50,000 for violations.
“Acid is being sold in retail shops like vegetables without any regulation. Why has the government not acted upon it? If need be, we will move the court against retail sale of acids in the city.”
Swati Maliwal, Chairperson, Delhi Commission for Women (DCW)A report prepared by the Commission in October this year had revealed that regular inspections to regulate the sale of acid were not being conducted in several districts in Delhi.
“No inspections have been conducted by the SDMs of Shahadra and North District for the period 2017 till date,” the report read.
“SDM East, North, New Delhi, North East and Shahdara District did not impose any penalties since 2017. The West district collected the maximum penalty – Rs 9,90,000 in the past six years. North West district imposed a penalty of only Rs 20,000. Penalty amount of Rs 36.5 lakh collected since 2017 in Delhi has not been used for rehabilitation of acid attack survivors,” the report added.
"There should be a national campaign to stop the sale of acid completely. And this can only happen if the Government of India and state governments work in tandem to curb it. Why do we need acid in our daily lives now. Better and safer cleaning agents are available in the market," Prasun said.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)
Expand
What Action Has been Taken by Police and Flipkart So Far?
The incident took place on the morning of 14 December, when the girl, a student of class 12, left her home in Dwarka to go to school. A case under Section 326A (voluntarily causing grievous hurt by use of acid) of the Indian Penal Code (IPC) was registered at the Mohan Garden police station.
Under the section, anyone who throws acid at a person with an intention to cause grievous injury is liable to be imprisoned for a term of minimum 10 years, and may be extended to life. The accused have been sent to police custody for two days.
About the allegations that the acid was bought online, the Delhi Police sent a notice to e-commerce platform Flipkart, seeking information of the seller and the transaction a day later. DCP Dwarka Harsh Vardhan said, "They have been asked for compliance of regulations related to sale of acid."
Meanwhile Flipkart, in a statement, told The Quint, “The concerned seller has been blacklisted, and we are extending all support to the concerned authorities in their investigation.”
Unlicensed over-the-counter sale of acid has been banned in India since 2013, yet nearly 10 years later, perpetrators are apparently circumventing the laws via online shopping portals.
Isn’t Over-the-Counter Sale of Acid Banned in India?
It was in the year 2013 that the Supreme Court had offered legal remedy to acid attack survivors in the landmark Laxmi vs Union of India case. In addition to acknowledging acid attack as a heinous, non-bailable offence with a punishment of up to 10 years, the top court had also laid out measures to check the sale and purchase of acid. These are the requirements that were outlined by the apex court:
Establishments selling acid will need to procure a license to do so.
They have to be registered under the Poisons Act, 1919.
Sellers need to maintain a register, which has a record of the stock and sales of acid.
The buyer of acid must provide a government-issued photo identity proof which contains the the buyer's address, and must disclose the reason for buying acid.
Acid cannot be sold to minors.
States and Union Territories can frame laws over and above these guidelines to ensure illegal sale and purchase of acid is curtailed.
In case a person is found violating these guidelines, a formal complaint can be lodged with Sub-Divisional Magistrate (SDM) of the district, who can then levy fines on shopkeepers found breaching the rules given above.
In Delhi, if an establishment is found violating these rules, a penalty of Rs 50,000 can be imposed by the SDM, as per the Delhi Poisons Possession and Sales Rules, 2015.
Besides, people selling acid, or anything which is corrosive on the skin, need to get a licence from the Delhi Police’s Licensing Department and renew every year after due verification of their premises by police personnel.
Has This Been an Effective Measure To Check Acid Attack Cases?
The number of acid attack cases post the 2013 Supreme Court ruling paint a grim picture, indicating that the rules stated by the apex court are either not being followed or being circumvented.
In response to a question in the Parliament, the Union Home Ministry in August this year had stated that 386 cases of acid attack on women have been registered across the country between 2018 and 2022.
Further, between 2014 and 2018, there have been 1,483 acid attack cases in the country. Although, there is a decline in the number of cases registered in the last three years, yet the number of convictions — 62 — is a petty fraction of the number of cases.
Pragya Prasun, Founder of Atijeevan Foundation, which works for the empowerment and rehabilitation of acid attack survivors, told The Quint, "Acid is still easily accessible, especially in remote areas which are away from media glare, where shopkeepers are not aware of the laws on the sale of acid."
“One can easily get a litre of acid, for Rs 20-25 at grocery stores. Acid is the easiest and cheapest weapon available in the market to kill someone or to destroy their life."Pragya Prasun, Founder, Atijeevan Foundation
Prasun said that while numbers indicate a reduction in cases, often it can be attributed to many victims and survivors, especially in cases of domestic violence, not lodging a formal police complaint. She also lamented on the poor conviction rate in such cases.
“The survivor’s family lose all their energy and money to get the treatment done for their ward. After that, there are hardly any resources left for a court case. Even then, the hearing goes on and on, instead of it taking place in fast-track courts and being disposed of within six months to one year. This ultimately empowers the perpetrators of such crimes,” Prasun, an acid-attack survivor herself, remarked.
"I don't think these guidelines are enough. First, these guidelines are not very well known publicly. If big companies such as Flipkart are so lax, I am quite certain that chemists and shopkeepers aren't aware either. For better implementation of these guidelines, awareness in public is important," Supreme Court Senior Advocate Jayna Kothari, a lawyer who has represented acid-attack victims, told The Quint.
But How Can Acid Be Sold Online?
In a statement, e-commerce platform Flipkart told The Quint, "The Flipkart marketplace platform closely monitors and delists products that violate expected standards. Strict action is taken against sellers who are found to be engaged in selling products that are illegal, unsafe, and prohibited."
While Flipkart has blacklisted the seller and has agreed to help out in the investigation, yet the action comes in response to the incident, and not as a pre-emptive measure.
The Confederation of All India Traders (CAIT) on Thursday came down heavily on e-commerce giants Flipkart and Amazon.
“Had this been done by the a small shopkeeper/kirana store, the police would have booked a case against the shopkeeper. However, e-commerce entities such as Amazon and Flipkart, who are habitual offenders, go scot-free. The government must tighten the regulation for e-commerce marketplace companies and make them accountable for such lapses.”BC Bhartia, President, CAIT
The traders' body urged authorities to cancel e-commerce license in case of such defaults and penalise them heavily. It also said that the e-commerce giants cannot be allowed protection as a data intermediary under Section 79 of the IT Act, "as they do warehousing, advertising, delivery, logistic, payment settlement etc which does not fall in the domain of data intermediaries."
Meanwhile, Jayna, said that just "blacklisting a seller is not enough".
"What is the company doing internally to ensure that such sellers are not finding space on e-commerce websites, such as Flipkart?," she said.
"The rules that apply to sale of a product that is prohibited in retail shops, should ideally pari materia (of the same matter) be applicable to any mode of retail, including e-commerce," Pankaj Kumar, a Supreme Court advocate, told The Quint.
On the penalty of Rs 50,000 on those who sell acid illegally in Delhi, Kumar said, "There is no mechanism to ensure that this is helping curb cases of acid attack, until a centralised monitoring committee is formed."
"There should be a centralised licensing system for the sale of acid. The number of licenses issued should be numbered, so that you can keep a check. Besides, acid finds no domestic use these days, as safer substitutes are available in the market."Pankaj Kumar, Advocate-on-record, Supreme Court
To set up an enquiry after the offence has taken place, and penalise the seller Rs 50,000 is too little too late, Kumar added, saying in the current guidelines, there is no element of prohibiting it, only compensating for the offence.
Why Are Authorities Not Checking Acid Sale Effectively?
In a notice sent to the Delhi Home Ministry on 14 December, Delhi Commission for Women (DCW) chairperson Swati Maliwal pointed at the “lack of implementation of the Delhi Government order for regulating sale of acid in Delhi.” The order empowers the area SDM to make surprise inspections and impose a penalty of Rs 50,000 for violations.
“Acid is being sold in retail shops like vegetables without any regulation. Why has the government not acted upon it? If need be, we will move the court against retail sale of acids in the city.”Swati Maliwal, Chairperson, Delhi Commission for Women (DCW)
A report prepared by the Commission in October this year had revealed that regular inspections to regulate the sale of acid were not being conducted in several districts in Delhi.
“No inspections have been conducted by the SDMs of Shahadra and North District for the period 2017 till date,” the report read.
“SDM East, North, New Delhi, North East and Shahdara District did not impose any penalties since 2017. The West district collected the maximum penalty – Rs 9,90,000 in the past six years. North West district imposed a penalty of only Rs 20,000. Penalty amount of Rs 36.5 lakh collected since 2017 in Delhi has not been used for rehabilitation of acid attack survivors,” the report added.
"There should be a national campaign to stop the sale of acid completely. And this can only happen if the Government of India and state governments work in tandem to curb it. Why do we need acid in our daily lives now. Better and safer cleaning agents are available in the market," Prasun said.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)