Empowerment of Acid Attack Survivors

NATIONAL SEMINAR: “ADAMYA (अदम्य): THE INDOMITABLE”

On February 21, 2015, in the Teen Murti Auditorium in New Delhi, the Pran Sabharwal Foundation, the National Commission for Women, and the Amar Ujala Foundation hosted a National Seminar entitled “Adamya – The Indomitable,” on the topic of empowerment of survivors of acid attacks. The Honorable Home Minister of India, Shri Rajnath Singh, was the Chief Guest for the event, and the Chairperson of the National Commission for Women, Smt. Lalita Kumarmangalam, presided. The daylong seminar consisted of panel discussions on the use of the CSR (corporate social responsibility) initiatives of PSUs (public sector undertakings) for rehabilitation of survivors, the policy and legal issues of concern to all stakeholders, and the availability of affordable and effective medical treatments.

UNDERSTANDING ACID VIOLENCE IN INDIA

The increased incidence of acid attacks in India over the past few decades necessitates a call for action – there is a strong need to spread awareness about the nature of acid violence and its prevalence across the country. It is imperative to work towards mobilizing society in order to prevent such attacks in the future and to assist victims in their quest for leading normal lives with courage, confidence, dignity and pride.

Acid violence consists of vicious and damaging acts, wherein acid is thrown on a person’s face or entire body. A majority of acid attacks are directed towards women, though recently there has been an increased number of acid attacks against men and children as well. Revenge is the common motivation for these attacks, but the victims may be attacked for various reasons. In some cases it is because a young girl or women has spurned the sexual advances of a man or either she or her parents have rejected a proposal of marriage. These attacks are can be the result of family and land disputes, dowry demands or a desire for revenge.

CONSEQUENCES OF ACID ATTACKS

Many acid survivors suffer from psychological breakdowns and identity crises because of their inability to identify with their altered and distorted appearances. Acid is a highly corrosive chemical that has a catastrophic effect on human flesh. It is potent and capable of melting human tissues as well as bones. Words cannot sufficiently express the disastrous impact of acid on the human body. The following picture, which depicts an acid survivor before and after the attack, says a thousand words.

The lengthy recovery period and the disfigurement that follows it results in most acid survivors putting a stop to their education or work. Survivors frequently face social isolation which further damages their self esteem and socio-economic status, even compromising their position within their own families. The likelihood of an unmarried woman getting married after being attacked with acid is very low. In addition to the plight of the survivor, parents, siblings and other relatives of the victim also often incur sizeable economic, social and psychological burdens in caring for the survivor. There are several reported instances of families compelled to sell their land and assets in order to pay for the victim’s medical care. Furthermore, many families are forced to leave their houses and villages, due to fear of safety and fear of retaliation against their legal action. In cases where victims are children or adolescents, special physical and psycho-social support systems are required as they grow and mature with these incurable scars. The social taboos and uninformed opinions regarding their appearance make the process of integrating into society a tremendous struggle for acid attack survivors.

CAN ACID SURVIVORS REGAIN THEIR ORIGINAL APPEARANCE?

Despite the common misconception that plastic surgery can recreate a person’s entire face again, the fact remains that acid survivors simply cannot regain their original appearance back. While movies and television shows promote this myth, the reality is that once a face is disfigured by acid, it can never be healed to original appearance. Plastic surgery can help to some extent but the person’s original face and appearance is lost forever. There is thus a strong need for acid survivors to be gradually counseled to face this truth in order to prepare them for their future. Furthermore, society is entrusted with the task of supporting the victims in all possible ways.

WHAT STATISTICS SAY

There is no official data available on the number of acid attacks in India. Unfortunately, due to the lack of awareness about these issues in India, there are very few NGOs or social groups that investigate the frequency of such attacks. It is difficult to obtain accurate estimates because most people live in rural communities that are relatively isolated and mechanisms to gather information from these communities are weak. But there is evidence of media reports that indicate an alarming increase in the number of reported acid attack incidents across the country. In 2013, 2014 and 2015 the Indian media has reported an average of 4-5 acid attacks every month. However, a substantial number of acid attack cases remain unreported.

LEGAL OVERVIEW

Given the heinous nature of acid violence, it is crucial that the judiciary set exemplary punishments in these cases in order to create binding judicial precedents which serve as deterrents to offenders. It is imperative for the legislative bodies to take cognizance of this issue and enact necessary legal amendments before acid violence spurns out of control.

In 2013, the parliament recognized the gravity of the issue and enacted the Criminal Law (Amendment) Act, 2013 which provides for the insertion of Section 326 (A) and Section Section 326 (B) to the Indian Penal Code. Section 326 (A) of the IPC provides that an offender who causes grievous hurt to a person by using acid shall be punished with imprisonment for a period of time not less than ten years, with a maximum of life imprisonment, and shall be required to pay a fine that reasonably meets the expenses of treatment of the victim.

“Section 326A. Voluntarily causing grievous hurt by use of acid, etc. – Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed, under this section shall be paid to the victim.”

Section 326 (B) of the IPC provides that an offender who voluntarily throws or attempts to throw acid on a person shall be punished with imprisonment for a period of time not less than five years, with a maximum of seven years.

“326B. Voluntarily throwing or attempting to throw acid. – Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.”

The Criminal Law (Amendment) Act, 2013 also provides for the insertion of Section 357B and Section 357C into the Code of Criminal Procedure (CrPC). Section 357C provides that all hospitals, whether public or private, are required to provide first aid or medical treatment free of cost to victims of acid attacks.

“Section 357B. The compensation payable by the State Government under section 357A shall be in addition to the payment of fine to the victim under section 326A or section 376D of the Indian Penal Code.”

“Section 357C. All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 326A, 376, 376A, 376B, 376C, 376D or section 376E of the Indian Penal Code and shall immediately inform the police of such incident.”

SUGGESTED POINTS FOR PANEL DISCUSSIONS

MEDICAL CHALLENGES

First aid awareness: Effects of Acid Burns can be reduced if proper first aid is provided to the survivor on correct time. In most of the cases, due to unawareness, proper measures are not taken. Due to this negligence, most of the victims suffer severely.
Availability of Specialized Medical Facilities: There is a shortage of specialized surgeons and doctors in our country. Those available are either out of reach, or out of time. A proper system for the immediate treatment of such victims on priority basis is required.
Outstation stay and expensive treatment is problematic for poor victims: Most of the acid survivors belong to lower middle or lower class of the society, for whom it is not possible to bear the cost of operations and surgeries. Often, travel and lodging costs are more than operation costs, because of which the surgeries take years to complete.
Eye care facilities not available in same hospital: LV Prasad and Shankar Netralaya are usually the first choice of the acid survivors, which specifically cater to eye-care. Most hospitals which have burns or plastic surgery departments don’t have a well equipped eye surgery department.
Government relief and compensation: In most of the cases help reaches the patients much after the incident. Most of the acid survivors don’t event know the provision of compensation made by governments. Also a major issue is that law for compensation was passed in 2012 which prevents all the survivors who were attacked before then from receiving compensation.
Specialized guidance should be provided: Every acid survivor has a unique problem. As this is not diagnosed properly, the survivors go through several wrong surgeries before the required surgery from an experienced doctor.
Guidance of Physiotherapy not properly available in government hospitals
Specialized Medical Counseling is required for massage & using gel sheets / scar gels
Along with patients, proper counseling of parents and family members is highly required
No skin graft available in initial stages of care due to lack of skin banks: No grafts available on patient’s body, hence surgery gets delayed.
Knowledge not given on nutrition and care: No follow up with patients about nutrition and care.

RECOMMENDATIONS

Provision of proper holistic counseling facilities in every hospital: Nutrition, Care, Massage, Physiotherapy and Psychological care facilities for poor patients.
Creation of helpline for correct guidance: specialized guidance to send patients to concerned hospital.
Fist aid awareness: Hospitals can do First aid awareness or play Video/ ppt on first aid.
Creation skin banks in every state: To provide for ready skin grafts.
Corporate CSRs can play a major role: By funding the treatment, medicines, travel and stay of these victims.
Provision for Shelter Home: For outstation patients outside major burn and eye Hospitals.
Arrangements of Medical Camps by specialized doctors/hospitals: in every state every trimester under their CSR.

2. LEGAL CHALLENGES

Need of good lawyers: In most cases as the acid survivors come from a poor background, they are not able to hire a good lawyer. Sometimes the local lawyers unnecessarily prolong the case in favor of the criminal.
Compensation: In many cases the survivor gets only a part of the compensation sought.
Clash of surgery dates and case hearing dates: Hence family gives priority to the surgery.
In many cases the accused have still not been caught or are out on bail
The number of acid attack cases across India are still not being compiled: A data of all the attacks happening in India is urgently required.
Lack of a legal helpline: On which people can call and seek help
No fast tracking of cases: Fast tracked cases do not take place unless the victim’s story is hyped up by the media or the victim’s family is very approachable.

LEGAL RECOMMENDATIONS

Provision of proper legal assistance for victims from the moment the FIR is filed.
Spreading awareness for elderly victim’s legal rights.
Provision of one place in every state/ district where victims can go and submit application and immediately get the whole compensation amount.
Subsidized treatment in private hospitals and arrangement of CSR provisions by the counseling departments for patients with less means.
Fund allocation for acid victims: For example – from Nirbhaya Fund/ or any quota for women or patients. This should be done by the court or by the women’s commission.
Inclusion of face disfigurement under disability quota.
Provision of travel allowances for outstation patients and attendants and monetary concession on travel.
Data on acid attack patients should be available in every government hospital.
Arrangement of a legal camp in every state, every trimester or month.
Inspite of the public prosecutor which the victim’s family gets, concerned district Women’s Commission point-person should follow every case and go to every hearing with the victim’s family.
Really fast track cases.
Legal assistance through helplines.