NHRC notices to the Delhi Chief Secretary, Police Commissioner, and the Member Secretary, SLSA over the reported acid attack on a girl

New Delhi, 16th December, 2022

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of the media reports that two masked men threw acid on a 17-year-old girl on her way to school in West Delhi on 14th December, 2022. Reportedly, the victim was admitted to the Safdarjung Hospital ICU.

The Commission has observed that the reported incident raises serious issues of human rights violations of the victim. It is really very disturbing that despite several amendments in the criminal laws and the various measures taken by the authorities to ban the sale of acid or corrosive substances, other than the commercial or scientific purposes, it appears nothing much has changed on the ground as the attackers are easily procuring acids – be it through off-line or on-line. This clearly demonstrates that there is a lack of a monitoring system within the administration for the sale of acid(s) of various natures. Therefore, prima facie, it appears that there is culpable negligence on the part of the public servant for failing to regulate the sale of acid(s) within whose territorial jurisdiction the incident took place.

Accordingly, it has issued notices to the Chief Secretary, Govt. of NCT of Delhi, Commissioner of Police, and the Member Secretary, State Legal Services Authorities calling for detailed specific reports within four weeks.

The Chief Secretary is expected to inform regarding the rehabilitation, counseling, compensation, free-of-cost treatment, including plastic surgery of the victim if any, and the other measures, which are necessary to be taken, as per direction of the Apex Court in Laxmi vs. Union of India [WP (Crl.) No. 129 of 2006 dated 11.02.2011]. The report must also contain the details of the sale of acid, in the instant case, through e-wallet, and the persons responsible for the sale of such banned substance in contravention of the law of the land. The report should also specifically mention the compensation amount paid or to be paid as per the guidelines of the Victim Compensation Scheme.

The Commissioner of Police has been asked to submit the details of the FIR in the matter. It should mention the penal offenses invoked, the progress of the investigation, the larger conspiracy in the instant case, and the details of the accused persons arrested. The report must also mention the preventive actions, initiated by Delhi Police, to inhibit such reoccurrence of acid attacks in Delhi.

The Member Secretary, State Legal Services Authority, Delhi, should mention the steps taken regarding the Victim Compensation Scheme and its publicity so that acid attack victim(s) in the National Capital may seek benefits under it. The report must also contain the actual compensation paid in the instant case under the scheme of SLSA, Delhi in the case of an acid attack.

The Commission has noted that the Apex Court in the matter of Parivartan Kendra vs. Union of India (WP.(C) No. 867of 2013 on 7th December, 2015), specifically mandated that the States / Union Territories, where the rules to regulate the sale of acids and the other explosive substances are not operational until such rules are framed or made operational, the Chief Secretaries of the concerned States / Administrators of the Union Territories shall ensure, inter-alia, that the sale of acid is completely banned unless the seller maintains a log/register recording the sale of acid, which will contain the details of the person to whom acid(s) is/are sold. The specific reason and purpose of procuring acid are also to be specified; all stocks of acid must be declared by the seller to the concerned Sub Divisional Magistrate within 15 days; seller shall sell acid only when the buyer has shown photo identity issued by the Government, which contains the address of the person.

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