Acid Attacks in India: Justice Deficit, Legal Framework and the Way Forward

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Introduction

The acquittal of the main accused in the 2009 acid attack case of Shaheen Malik after a 16-year legal battle highlights serious gaps in India’s criminal justice system regarding acid attacks. Beyond individual injustice, the case exposes systemic failures in investigation, prosecution, regulation of acid sales and survivor rehabilitation. Acid attacks are not only violent crimes but also grave violations of human dignity and gender justice.

What are Acid Attacks?

An acid attack involves throwing or administering corrosive substances such as sulphuric, nitric or hydrochloric acid with the intent to disfigure, disable or kill.

  • These attacks cause permanent burns, blindness, disfigurement and long-term psychological trauma.

  • Victims are overwhelmingly women and young girls, while perpetrators are mostly men.

  • Motives largely include rejected romantic advances, domestic violence, dowry disputes and control over women, reflecting deep-rooted gender inequality.

Magnitude and Patterns in India

  • According to the National Crime Records Bureau, 207 acid attack cases were reported in 2023, with 65 attempts.

  • Conviction rates remain extremely low: only 16 convictions out of 703 cases in courts during 2023.

  • Major affected States include West Bengal, Uttar Pradesh and Gujarat.

  • The crime is widely underreported due to stigma, fear and social pressure. Independent estimates suggest nearly 1,000 attacks annually.

Legal Framework Against Acid Attacks

India has strengthened its legal response, but implementation remains weak.

  • Bharatiya Nyaya Sanhita, Section 124

    • Minimum punishment of 10 years to life imprisonment.

    • Mandatory “just and reasonable” fine to cover medical expenses.

    • Attempt to acid attack punishable with 5 to 7 years’ imprisonment.

  • Free Medical Treatment

    • All public and private hospitals are legally required to provide free treatment to acid attack victims.

  • Regulation of Acid Sale (Supreme Court, 2013)

    • Photo identification mandatory for buyers.

    • Sellers must maintain purchase registers.

    • Local authorities responsible for monitoring sales.

Despite these provisions, enforcement is poor and accountability is minimal.

Key Challenges in Addressing Acid Attacks

  1. Weak Investigation and Prosecution

    • Poor evidence collection and delays weaken cases.

    • Survivors often face pressure to settle cases out of court.

  2. Judicial Delays and Insensitivity

    • Trials stretch over decades, denying timely justice.

    • Lack of survivor-sensitive judicial handling discourages reporting.

  3. Poor Regulation of Acid Sale

    • Acid remains cheaply and easily available.

    • Officials responsible for monitoring are rarely penalised.

  4. Inadequate Rehabilitation and Compensation

    • Compensation is delayed and insufficient.

    • No comprehensive system for lifelong medical, psychological and livelihood support.

International Best Practice: Bangladesh

Bangladesh offers a strong comparative model:

  • Enacted strict acid control and acid crime laws in 2002.

  • Illegal sale leads to swift shop closures.

  • Massive public awareness campaigns accompanied legal reform.

  • Result: Acid attacks reduced from 494 cases in 2002 to just 13 in 2024, with a steady annual decline.

Measures Needed to End Acid Attacks

  1. Stricter Control on Acid Sale

    • Move towards a near-total ban for non-industrial use.

    • Penalise officials for regulatory failures.

  2. Fast-Track Justice Delivery

    • Dedicated fast-track courts for acid attack cases.

    • Time-bound investigation and trial completion.

  3. Judicial and Police Sensitisation

    • Mandatory training for police, prosecutors and judges.

    • Survivor-centric and gender-sensitive handling of cases.

  4. Comprehensive Survivor Rehabilitation

    • Implement the Justice J.S. Verma Committee’s recommendation for a national fund.

    • Cover lifelong medical care, counselling, education and skill development.

  5. Social Awareness and Deterrence

    • Nationwide campaigns challenging gender violence and entitlement.

    • Community-level monitoring and reporting mechanisms.

Conclusion

Acid attacks represent one of the most brutal forms of gender-based violence, combining physical destruction with lifelong social and economic exclusion. While India has enacted strong laws, justice remains elusive due to weak enforcement, delays and institutional insensitivity. Learning from successful international models, ensuring strict regulation, speedy justice and holistic rehabilitation is essential. Ending acid attacks is not only a legal necessity but a moral obligation to uphold the constitutional values of dignity, equality and justice.

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