SC asks Centre to amend disability law to include victims who are forced to consume acid

New Delhi, Dec 11 (PTI) The Supreme Court on Thursday asked the Centre to consider amending the Rights of Persons with Disabilities Act to include those who suffer severe internal injuries after being forced to ingest acid by "ruthless" criminals as "disabled" to enable them to access welfare measures under the law.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, which on December 4 had directed the registries of all the high courts to furnish details of pending acid attack cases under their territorial jurisdictions, made all the states and the Union Territories as parties to a PIL filed by one Shaheen Malik, who herself is an acid attack survivor.

Malik is seeking expansion of the definition of disabled persons under the law to ensure that the victims, who suffered life-threatening damages to their internal organs due to forced ingestion of acid, get adequate compensation and other reliefs including medical care.

Solicitor General Tushar Mehta, appearing for the Centre, said that the government is willing to consider changing the law as he himself was not aware of this aspect of the offence where the victims are forced to consume acid.

The injuries on account of throwing of acid is recognised by the law and this aspect of forced consumption and consequential damage to internal organs can very well be considered, the solicitor general said, adding that this is an "animalistic behaviour".

"Just an addition of an explanation in the provision will do," the CJI said and asked the counsel for the PIL petitioner to give a short note, explaining the changes sought in the law, to the top law officer for the consideration.

"The Union of India may consider all the issues raised in the petition… the Solicitor General states that all the issues raised in the petition will be considered and an appropriate policy framework will be put in place," the bench noted in its order.

The bench asked the Jammu and Kashmir and Ladakh High Court to expedite the trial in all five acid attack cases pending under its jurisdiction.

On being told that the acid attack victims who are forced to consume acid do not get more than Rs 3 lakh as compensation from the state governments, the CJI said that he will look into this aspect.

The CJI said that though the National Legal Services Authority (NALSA) schemes are doing well, he will see whether the compensation being paid by it can be enhanced.

The solicitor general said that there is a provision in the Code of Criminal Procedure (CrPC) that the accused can also be directed to pay compensation to the victim.

At times, the accused belong to the lower strata of the society and hence, are incapable of paying the compensation, the bench said.

The bench also perused a report detailing the progress made so far in the trial of a criminal case pertaining to the acid attack on Malik and noted that the case is being heard on a day-to-day basis now and the final arguments are underway.

The bench listed the plea after six weeks.

Terming tardy trials in acid attack cases as a "mockery of the system", the bench had earlier directed all the high courts to submit details of such pending cases across the country within four weeks.

Mooting the idea of setting up special courts for expeditious disposal of acid attack cases, the top court had also asked the Centre to consider amending the law.

The bench termed as "national shame" the prolonged delay of 16 years in Malik's own case, which has been pending since 2009 before a Rohini court here.

Malik, who also argued personally, said that she was attacked in 2009, yet the trial has still not concluded. "'Mere saath 2009 mein attack hua tha, abhi tak trial chal raha hai' (I was attacked in 2009; the trial is still going on)," she said.

Till 2013, nothing happened in the case and the trial, which is now taking place in Rohini in Delhi, is now at the stage of final hearing, she said.

Expressing surprise over the delay of over 16 years, the CJI said, "The offence is of 2009 and the trial is not completed! If the National Capital cannot respond to these challenges, then who will deal with them? It is a shame on the system! This is a national shame." The CJI asked Malik to file an application in the PIL itself explaining why the matter has not been concluded, assuring her that the court may even take suo motu cognisance.

The CJI said the trial in her case must be held on a day-to-day basis.

"He has also expressed concern about the causes raised in the instant petition. We also direct the registrar generals of all high courts to furnish the details of pending trials in the cases of acid attack victims in their respective jurisdiction," the bench ordered.

CJI Kant further remarked that these offences ought to be tried in special courts, given the gravity and the impact on survivors.

"This is a mockery of the system. There should be no sympathy for such persons (accused)," he said.

The perpetrators "should meet with the same ruthlessness as done by them", the solicitor general said. PTI SJK MNL SJK KSS KSS