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2011 DIGILAW 237 (SC)

Laxmi v. Union of India

2011-02-11

A.K.PATNAIK, R.V.RAVEENDRAN

body2011
ORDER : One of the prayers in this writ petition is to issue a direction to the respondents to make appropriate amendment in the Indian Penal Code and Criminal Procedure Code for dealing with acid attacks. A direction to frame guidelines in regard to prosecutions of acid throwers and rehabilitation of acid attack victims (by providing proper treatment, after care and rehabilitation of victims of acid attacks). 2. Union of India, Law commission of India and National Commission for Women were the three respondents in the writ petition. On 30.10.2009, notices were issued to six States namely, Maharashtra, Karnataka, Tamilnadu, Andhra Pradesh, Haryana and NCT of Delhi where there are considerable number of acid attacks. 3. During the pendency of this writ petition, the code of Criminal Procedure, 1973 has been amended and Section 357A has been inserted by Act 5 of 2009 which requires every State Government, in coordination with the Central government, to prepare a scheme for providing funds for the purpose of compensation to the victims or their dependants who have suffered loss or injury as a result of the crime and who require rehabilitation. Though the said section has come into effect on 31.12.2009 and more than a year has elapsed, we are informed that no schemes have been formulated by any of the State Governments. 4. In these circumstances, we issue the following directions: (i) Let notice be issued to other remaining States and Union Territories. (ii) The State Governments, in co-ordination with the Central Government shall prepare schemes as provided in Section 357A for the purpose of providing compensation to victims of crimes, in particular, acid attack victims. (iii) The Home Ministry, Government of India shall co-ordinate with the States/U.Ts to give effect to Section 357A, in particular, with reference to acid attack victims. (iv) As one of the matters of concern in regard to acid attacks is the free availability of acids, the Central Government and State Governments may also consider making appropriate provision for regulation of sale of acids so that it is not easily or readily available to offenders.