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Well being assist for acid assault survivors

Health aid for acid attack survivors written by Diksha Sharma, a student at Government Law College, Mumbai

Parivartan Kendra and Anr. Vs Union of India

Facts:

Two girls from the Dalit community in Bihar were subjected to an acid attack by four attackers that threw acid in the faces of the victims at midnight while they slept on their roof. It was reported that the girls were frequently harassed and terrorized in public places, and that they and their families would face the consequences if the victim failed to perform sexual favors. While the perpetrators grabbed the victim and poured acid on the victim’s face, it also fell on the victim’s sister. After a lot of crying and crying, the parents climbed onto the roof while the perpetrators fled the premises. The victims were taken to hospital immediately but had to be transferred to another hospital in Delhi due to improper treatment and unsupportive complaints from the victims.

Problems:

Whether the victim should be granted compensation and reimbursement of medical expenses incurred during treatment?

Legislation:

• Section 164, The Criminal Procedure Code, 1973 – Record of Confessions and Statements
• The Planned Caste and Planned Tribes (Prevention of Atrocities) Act 1989

Allegation of the complainants:

The petitioner alleged that the victims were not being treated appropriately as the situation required. The reason for the above statement is that the victims belong to the Dalit community, which is why they had to be transferred to other hospitals for better access to health services. The petitioner alleged that the perpetrators were arrested under pressure from various organizations and the media. It was prayed that the medical expenses associated with the treatment process would be restored and reimbursed. Proposals have been made to add provisions and other regulations to prevent acid attacks and to assist acid attack survivors by assisting them with future medical assistance.
After hearing both lawyers, the court made the following comments.

Comments from the court:

The court was of the opinion that more compensation should be granted in the case of Laxmi v Union of India & Ors. Was stipulated in which a resolution was passed on the payment of at least Rs. 3 lakhs sacrificed. The court found that the compensation set by the state of Bihar for acid attack survivors is Rs. 25,000 / -. However, the victim’s parents received more than 5 lakh rupees for treatment. Rules should be added to give guidelines on how to sell acid on the market. Given the plight of victims, it is true, and a possibility, that these victims face denial that creates jobs that require more physical exertion. The humiliations and reactions that they would encounter throughout their lives cannot be compensated for. It cannot be ignored that the victim’s sister also had to be treated. Therefore, she should also be granted compensation. The state would reimburse not only the main costs but also other compensation.

Evaluation:

The family had already spent more than Rs. 5 lakh, hence Rs. 10 lakh should be given for the sacrifice and Rs. 3 lakh should be given to the victim’s sister. The court ordered all states to take appropriate measures to prevent such cases from occurring again.

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