Unrestricted acid sales continue; five attack cases in 2023

Bangalore Crime Supreme Court

Bangalore reported five acid attack cases in 2023 with three women and two men victims but experts point to loopholes in data records.

It is not meant to be sold without knowing the purpose of such purchase. It is dangerous and no less than a lethal weapon. It has destroyed the lives of many, not just in the city but across India. Despite rules, it is being sold unrestricted.

Bangalore reported five acid attack cases in 2023 after reporting the highest number of acid attacks in 2022. According to the latest National Crime Records Bureau (NCRB) report, the city reported eight acid attack cases in 2022, the highest amongst all Indian cities.

However, no preventive action is effectively working as acid is being sold in the city unrestricted and unregulated. Strongest acid, mainly, hydrochloric and sulphuric acid are being sold at most hardware stores and over the counter shops without following the procedures set by the Supreme Court.

Pragya Prasun, the founder Atijeevan Foundation, a Bangalore based NGO, working for the rehabilitation of acid attack survivors and an acid attack survivor herself, said that even though the Supreme Court has listed out several measures to regulate and restrict the sales of acid, the local authorities and the police are failing in the execution.

In a landmark judgment in Laxmi v Union of India, the apex court directed that establishments which sell acid must be registered under the Poisons Act, 1919 and can only sell acid after obtaining a license from the district magistrate.

Moreover, acid can only be sold after checking the identity of the customer using a photo identity card with address proof. Shopkeepers must sell acid only after ascertaining the name, phone number, address, and the purpose for buying acid of the purchaser.

The law directs shopkeepers to maintain a register with the prescribed details of the acid sale transactions, including the name of the acid, quantity sold etc. The bottle/ container of acid must be labeled as ‘poison’.

However, most of these laws are flagrantly being violated by shopkeepers in the city and according to experts, across the country.

  • Several NGOs are working for the rehabilitation of acid attack survivors.
  • They say it is cardinal to initiate conversations around the issue to raise awareness.
  • Unrestricted and unregulated sales of acid continue.

A resident of Kengeri, Bangalore said, “Many of my family members and I buy acid on a regular basis to clean the drains of our farms and also for cleaning at home. When you go to buy acid to any hardware shop, the shopkeepers do not ask for any identity proof or the reason of purchase.

Mostly they do not even provide you a bill of the purchase until you specifically ask them to, for which also they might charge extra money.”

Ashish Shukla, managing director, Chhanv Foundation, said that shopkeepers alone cannot be blamed. They have, in fact, not been made aware of the regulations by the local authorities.

“NCRB data suggests that acid attack cases are not being probed to get to the root of the problem. The police does not trace where the acid came from in such attacks. In most cases, shopkeepers do not know what precautions they have to take while selling acid,” he said.

A hardware shop owner in Budigere, Bangalore said, “People buy acid for cleaning purpose mostly. I do not know the exact rules but I do not sell acid to kids. I am not aware of any specific laws of checking identity cards.”

Same procedure for buying water and acid, rules remain on paper.

Deepmala Tiwari, an acid attack survivor who is associated with Atijeevan Foundation, Bangalore, said, “Until the authorities take their role seriously and strictly implement the laws on ground and control the sale of acid, such attacks are going to continue. There is only one way to make the situation better—acid should not be available to the general public.”

Acid is used on a daily basis in several industries especially in the manufacture of dyes, paints and fertilizers. But the most common use of acid is in households and commercial buildings for cleaning. Persistent exposure to strong acid leads to several problems like nose and throat burning, difficulty breathing, and coughing. In severe cases, it can lead to lung damage and death.

While the sales of acid continue to be the big-root problem, there are several other challenges that acid attack survivors face.

Pragya Prasun, a Nari Shakti Award winner said, from the moment acid attack happens, survivors have to fight a continuous battle. She said that the cost of treatment of acid attack survivors is so high that families end up losing all their assets in the course of multiple surgeries over time.

According to the Ministry of Home Affairs, acid attack victims should be paid compensation of at least Rs. three lakh by the State Government/Union Territory concerned as the after care and rehabilitation cost. Out of this a sum of Rs. one lakh is to be paid to the victim within 15 days of the occurrence of such incident (or being brought to the notice of the State Government/ Union Territory) to facilitate immediate medical attention and expenses.  

Furthermore, the Supreme Court, in 2015, had made it compulsory for government and private hospitals to provide a free medical treatment to acid attack victims. Failing to do so can attract punishment to such doctors for dereliction of duty.

Financial and medical challenges have been addressed by the law over time but the social and psychological consequences in these cases pose a constant challenge to the survivors.

Deepmala was attacked by her husband when she was 24 years old. She said that despite being a teacher today, she is discriminated against at various places. “I went to an event one day and sat on a table where a few people were already sitting but when they saw me, they changed their seat.”

India is among the top five countries in terms of acid attack incidents. According to World Population Review, in 2018-19, while United Kingdom reported 501 acid attack cases, India was the second with 228 cases. Colombia reported 100 such cases with Bangladesh and Pakistan reporting 91 and 88 attacks, respectively.

As per the NCRB report, 2022, the country reported 124 incidents of acid attacks. West Bengal reported the highest number of cases with 35 victims in 31 incidents, followed by Uttar Pradesh and Madhya Pradesh with 25 victims in 23 incidents and 11 victims in seven incidents, respectively.

However, the reported numbers can vary greatly from the actual incidents of acid attacks. Pragya Prasun said that as far acid attack cases are concerned, cases often go unreported because of the shame and stigma associated with them. And of the reported cases too, many opt for out-of-court settlements due to familial and societal pressure.

Experts say along with the implementation of laws and guidelines, it is important to start a conversation around the issue. Ashish said, “Society has to be sensitized and conversations around the topic have to be started.  Acid attacks, as a crime, cannot be treated in a silo. In fact, like other crimes, a holistic approach has to be adopted to prevent and deal with acid sales and consequential attacks.”

According to a report by Sage, the most common motives behind acid attacks are jealousy, anger, greed and ego issues. As far as gender is concerned, The Acid Survivors Trust International suggests that 80 percent of acid attacks between 2018-19, were on women and the most common causes were domestic violence and revenge.

Acid attack cases are registered under section 326 (A) of the Indian Penal Code (IPC) which provides a punishment of minimum 10 years which is extendable to life term along with fine. Cases of attempt of acid attacks are registered under section 326 (B) of the IPC.

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