The Supreme Court on Monday expanded the scope of ‘acid attack victims’ under the Rights of Persons with Disabilities (RPwD) Act, 2016, holding that the statutory definition must also cover victims who suffer internal injuries or are forcibly made to consume acid, even in the absence of visible disfigurement.
The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi invoked its plenary jurisdiction under Article 142 of the Constitution to issue a binding clarification, noting that the existing definition in the Schedule to the RPwD Act was unduly restrictive.
As presently framed, the provision recognises only those victims who are disfigured due to the throwing of acid or similar corrosive substances, thereby excluding a category of survivors who suffer grave internal harm.
Addressing this legislative gap, the Court held that, for all practical and legal purposes, the term “acid attack victims” shall be construed to include persons to whom acid has been administered and those who have sustained internal injuries without external disfigurement. This interpretation would operate retrospectively from the inception of the statute in 2016, added the Bench, extending statutory entitlements and disability benefits to such victims.
The Court further recommended that the Union government carry out a formal amendment to the relevant Schedule to bring it in conformity with the judicial interpretation. It observed that, until such legislative action is undertaken, the expanded definition shall be treated as a deemed inclusion within the statutory framework.
The directions were issued in a writ petition highlighting the denial of statutory benefits to certain categories of acid attack survivors due to the narrow construction of the provision. The Court took note of submissions that the exclusion of victims without visible disfigurement defeated the legislative intent of the RPwD Act.
During the hearing, the Court also emphasised the need for a more stringent penal and compensatory regime in acid attack cases. It suggested consideration of enhanced sentencing standards and a potential shift in evidentiary burden in appropriate cases. The Bench further indicated that attachment of assets of the accused, including interests in joint or coparcenary property, may be explored to achieve effective victim compensation.
Additionally, the Court flagged regulatory lapses in the sale of acid, observing that vendors may, in appropriate circumstances, attract vicarious liability for unlawful or unregulated sale of corrosive substances. It further suggested the Union government to take steps towards formal statutory amendment.
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