SC EXPANDS DEFINITION OF ACID ATTACK VICTIMS

SC EXPANDS DEFINITION OF ACID ATTACK VICTIMS

Why in the News?

  • Supreme Court of India expanded the definition of acid attack victims under the Rights of Persons with Disabilities Act, 2016.
  • The ruling includes victims forced to consume acid and suffering internal injuries, even without visible external disfigurement.

Key observations of the Supreme Court

  • Expanded interpretation: Victims with internal injuries caused by acid ingestion will now qualify as acid attack survivors under the RPwD Act.
  • Retrospective application: Clarification will apply from the date the Act came into force, similar to ex post facto legal interpretations that provide remedies with retrospective effect.
  • Problem in definition: Existing law focused mainly on external “disfigurement”, excluding several survivors.
  • Equality principle: Court noted distinction between throwing acid and administering acid was arbitrary under Article 14, applying principles of constitutional interpretation similar to those used in environmental jurisprudence.
  • Need for deterrence: Court suggested stricter punishment, shifting burden of proof, and making acid sellers co-accused, reflecting the precautionary principle approach to prevent harm.

Significance of the judgment

  • Inclusive disability rights: Enables more survivors to access disability certificates, compensation, rehabilitation, and medical care.
  • Recognition of invisible injuries: Acknowledges severe internal organ damage and lifelong complications caused by acid ingestion.
  • Consistency in law: Aligns welfare law with Bharatiya Nyaya Sanhita, 2024, which treats both forms of acid attack equally.
  • Victim dignity: Reinforces the right to live with dignity under Article 21, which also encompasses the right to a pollution free environment and safe living conditions.
  • Judicial activism: Reflects the judiciary’s role in ensuring substantive equality and social justice, similar to landmark judgments in environmental democracy and the Vanashakti judgment that expanded citizens’ rights and post facto remedies.

Rights of Persons with Disabilities Act, 2016

●  Objective: Ensures equality, dignity, and inclusion for persons with disabilities in line with the UN Convention on Rights of Persons with Disabilities.

●  Expanded categories: Increased recognised disabilities from 7 to 21 categories.

●  Rights provided: Covers education, employment reservation, accessibility, and social security measures.

●  Acid attack victims: Specifically recognised as a disability category under the Act.

●  UPSC relevance: Important for social justice, vulnerable groups, and constitutional rights (GS Paper II). Also study parallel topics like environmental clearance processes, EIA notification, Forest Conservation Act, and Coastal Regulation Zone regulations for comprehensive understanding of regulatory frameworks.