This article has been written by Ms. Nandhini Sasikumar, a 3rd year of BA LLB Student from The Central Law College, Salem.

INTRODUCTION:

     Acid throwing, also called as acid attack is frequently being practiced as a new weapon of domestic violence and gender based crime, especially against women worldwide but it particularly prevalent in Bangladesh, Pakistan, India and Cambodia for last four decades. It is not only just a crime but it is terrorism (or) war against women. Acid throwing can be defined as an act of a sadistic form of violence that involves the throwing, spray, pour or inserting of corrosive acid into the body of victims. It is usually thrown at victim’s faces with intention of kill, injury, deface and permanent or partially disfigurement and damage to any part of the body of the victim. Sulfuric acid known as oil of vitriol and battery acid is frequently used as a tool of acid violence, so throwing of the sulphuric acid is also called vitriolage. In historical scenario, Sulfuric acid has been used to purify gold and fabricate imitation precious metals in Greek, Sumerian, Roman, Persian, Arabian and Indian civilization since ancient times. The first recorded case of an acid attack occurred in 17th century France under the rule of Louis XIV.

     In late nineteenth century, A ‘Wave of Vitriolage” has been occurred in the United Kingdom and Europe particularly in France, where in 1879, 16 cases of vitriol attacks were reported and from 1888 to 1890, 83 cases of vitriolage were noticed. The rhetorical and theatrical term La Vitrioleuse was coined, and their violent acts were reported in the popular press as ‘crimes of passion’. Perpetrated predominately by women against other women, and “fuelled by jealousy, vengeance or madness and provoked by betrayal or disappointment or lose of love”. In the meantime, several Art Nouveau artists also popularized the image of Vitrioleuses.

MAIN CONTENT:

     WORLDWIDE STATISTICS:

          Global statistics suggest that acid attacks are predominately perpetrated by men as a result of shame and loss of face or loss of honor. It is a worldwide problem and not limited to poor, under developed, developing and third nation’s countries; even it has been reported in developed nation like USA, Germany, France, and United Kingdom. However, the reason may vary from nation to nation. Although, it is occurring as a big trouble and spreading like terrorism against the women in South Asian countries. According to researchers and activists, countries typically associated with acid assault include Bangladesh, India, Pakistan, Cambodia, Vietnam, Laos, Hong Kong, China, United Kingdom, Kenya, South Africa, Uganda and Ethiopia since last decades. In Cambodia, it is estimated that the earliest case of acid attack violence occurred in the 1960s, and since then, the issue has become an epidemic in the South East Asian countries. According to data gathered by the Cambodian Acid Survivors Charity on people treated in hospitals for acid attacks, there have been 271 acid violence victims between 1985 and 2010 in Cambodia.

            The New York-based agency- Human Rights Watch (HRW), reported nearly 280 women were killed and 750 injured through acid attacks in Pakistan in 2002. The Acid Survivors Foundation (ASF), Bangladesh recorded 485 such attacks in 2002, it is estimated that at least 864 women, 412 men and 14 children had acid thrown on them in the four years up to 2003. Acid Survivors Foundation, Bangladesh has been reported 3,184 acid attack victims in the country since 1999. There are no official statistics for such attacks in India. According to a study, 174 cases of acid attack were reported in 2000 in India. A search of Indian newspapers found 153 reported cases of acid violence from January 2002 to October 2010. According to Stop Acid Attacks (SAA), a group based in Delhi that works with survivors and has collected data on the crime, most attacks in India are against women aged between 21 and 30 (7.6%); 83% of attacks happen in public places; 70% of victims are women; 75% of the survivors have 21-40% burns; and many attacks occur between women have rejected men’s advances (51%). It estimates that are up to 1,000 attacks a year. According to SAA, the center has received more than 200 reports of attacks since January 2013, although it suspects that the real number is much higher. Although, observes noted that the incidence of acid attacks against women are increasing in India. Acid throwing incidents are under-documented and there is a need for better data collection in India.

     COMMON TOOLS AND ITS MECHANISM:

         The Sulfuric acid, Hydrochloric acid, and nitric acid are most commonly used by perpetrators to acid violence. Sulfuric acid also known as battery acid is frequently used in acid violence worldwide. Sulfuric acid is used on large scale as a basic chemical for chemical synthesis, municipal and industrial water treatment, oil industries, used for fertilizers production, metal extraction for mining, refining and processing of metals, and for other industrial uses such as pulp and paper processing, it is also sold as a powerful drain cleaner and battery acid. Concentrated sulphuric acid (H2SO4) reacts violently with water with evolution of considerable heat, spattering, steam and acid fumes, the molecule is broken up with the release of energy into free positively charged hydrogen atoms (H+) known as hydrogen ions, and free sulphate ions (SO4 2+) which carry a double negative charge. In contract with the skin, sulphuric acid can cause burns by drawing water out of skin tissue; thermal burns from the heat generated by reaction with water; and direct chemical reaction with skin tissue.

           The contact zone first appears bleached, then turning brown, and leaves behind a slow healing ulcer. Extensive burns to the skin may prove fatal, and to the eyes permanent blindness may occur. Even diluted acids will make the skin feel very itchy quickly, and while it may take a little longer, it can also cause acid burns. If not washed off immediately with water, acid can melt away a victim’s skin and flesh, going as far as dissolving bones. When thrown at the face, acid quickly burns and destroys victim’s eyes, eyelids, ears, lips, noses and mouths. It takes five seconds of contact to cause superficial burns and 30 seconds to result in full-thickness burns. After the attacks, victims are at risk of breathing failure due to the inhalation of acid vapors which cause either a poisonous reaction or swelling in the lungs. In the weeks or even months after the attack, acid burn victims may suffer from infections, which can also cause death if not treated with proper cleaning techniques and antibiotics.

     CONSEQUENCES:

         An acid attack on the body would dramatically change the life of victim and the results can be horrifying. The victim is traumatized physically, psychologically, economically and socially. Victims suffer psychological symptoms such as depression, insomnia, nightmares, fear about another attack and fear about facing the outside world, headaches, weakness and tiredness, difficulty in concentrating and remembering things etc. They feel perpetually, ashamed, worried, and lonely. Depression may sometimes lead to suicidal tendencies due to disfigurement, disability and feelings of inferiority and worthlessness. Victims face a lifetime of discrimination from society and they become lonely. They are embarrassed that people may stare or laugh at them and may hesitate to leave their homes fearing an adverse reaction from the outside world. Victims who are not married are not likely to get married. Those victims who have got serious disabilities because of an attack, like blindness, will not find jobs and earn a living and they become dependent on others for food and money.

     SCIENTIFIC EVIDENCES AND ITS FORENSIC ASPECTS:

         In case of vetriolage, the scientific evidence may play vital role in the conviction of the guilty person. Various type of evidences can be recognize and collect by the investigators at SOC, victim and perpetrators. The basic rule for admissibility of evidence is that it must be relevant and probative; it is always better to gather too much rather than too little evidence and then to allow lawyers/courts to determine what is admissible or not. In almost every case of acid throwing, stains/spots here and there will be found upon wood, clothes, paper, tiles etc. In all cases where a strong acid has caused the strains, they continue damp for a very considerable time.

• Soils: The acid may be dropped down on earth during commission of crime. The soil stained with acid at scene should be collected with help of scraper and spatula, and then placed in the sealed glass containers. A sample of soil should be collected from 10-20 feet far from scene as control.
• Wood: If sulfuric acid falls upon wood, the ligneous tissue of wood is blackened and discolored and leave the clear spots. Nitric acid leaves yellowish spots on the wood.
• Tiles/Stones: If acid falls upon tiles and stones, it leaves the white spots.\
• Skin: The parts of the body with which it is brought into contact are stained at first of a white, and afterwards of a dark brown or black color. In case of nitric acid, the corroded areas appear yellowish due to xanthoprotiec reaction. Skin pieces of victim having burning stains by acid should be collected during medico-legal assistance and the item should be sealed in a glass jar or special polythene bags and then a nylon bag and submitted to forensic laboratory for further analysis.
• Electronic Evidence: Like CCTV footage, if any, phone call details may also be helpful in investigation.
• Impression marks: Like finger, foot print may also be found on scene and other articles on the scene. The finger print of culprit should also be searched on container before preservation for chemical analysis.

     LEGAL ASPECT IN THE WORLD AND INDIA:

         Acid Violence is Gender-based Violence Prohibited by International Law and Government of India has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). States should enact laws that provide for appropriate criminal remedies and criminal procedures to ensure that perpetrators are brought to justice. Additionally, to combat acid violence, it is essential for governments to enact laws to limit the easy availability of acid as per CEDAW.

• IPC, Section 100: “Seventhly- An act of throwing of administering acid or an attempt to throw or administer acid which may reasonable cause the apprehension that grievous hurt will otherwise be the consequence of such hurt”.
• IPC, Section 166A: Public servant disobeying directions under law: Whoever being a public servant:

1. Knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place for the purpose of investigation into any offence or any other matter; or
2. Knowingly disobeys, prejudice to any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or
3. Fails to records any information given to him under Section 154 CrPC in relation to offences punishable under Section 326A, 326B, 354, 354B, 370, 370A, 376,376A, 376B, 376C, 376D, 376E or 509 of the Indian Penal Code shall be punished with punishment from six months to two years and fine.

• IPC, Section 166B: Punishment for non-treatment of the victim: Whoever being in charge of a hospital public or private whether run by Central Government, State Government, local bodies or any other contravenes provisions of Sections 375C of the CrPC shall be punished with imprisonment up to one year or fine or both.
• IPC, Section 326A: Voluntarily causing grievous hurt by use of acid etc. : Whoever causes permanent or partial damage to or deformity to or burn or maims or disfigures or disable any part or parts of the body of the person  or causes grievous hurt by throwing acid 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 injury or hurt shall be punished with imprisonment from 10 years to life and with fine.
• IPC, Section 326B: Voluntarily throwing or attempting th throw acid: Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person or attempts to use by 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 from 5-7 years and fine.
• Section 154 CrPC: Proviso shall be inserted as if it is given by woman against whom an offence under Section 326A, 326B, 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, 376E or 509 is alleged to have been committed or attempted such information shall be recorded by a woman officer and if victim is temporarily or permanently, disabled, then information shall be recorded by a police officer at the residence of the person or at a place convenient to such person in the presence of interpreter or special educator as the case may be. The recording of such information shall be video graphed. The police officer shall get statement of the person recorded through Judicial Magistrate.
• Section 357B, CrPC: Compensation to the addition of fine: The compensation payable by the state government under Section 357A shall be in addition to the payment of fine under Section 326A or 376D of the Indian Penal Code.
• Section 357C, CrPC: Treatment of Victims: All hospitals, public or private whether run by Central Government, 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 under Section 326a, 376, 376A, 376B, 376C, 376D, 376E of the Indian Penal Code and shall immediately inform to the police of such incident (Section 357C).

Now, acid attack is cognizable and non-bailable offence in India under Section 326A and 326B IPC. The National Crime Records, Bureau (NCRB) has started to record and publish data on acid attacks, as they were recognized as distinct category of crime in 2013.

The Hon’ble Supreme Court of India has also directed all the state governments and union-territories of India to frame rules to regulate sale of the acid and other corrosive substances and also increase the compensation amount. In 2013, the Indian government reclassified acids as a poison, bringing them under the regulatory purview of the Poison Act of 1919. This Act empowers state governments to regulate the safe possession, sale and registration of substances designated as poisons.

CONCLUSION:

     As acid attack is very horrifying act against women and now, it is cognizable offence in India. So, it is needed that the distribution and sale of acid be strictly regulated and the sale of acid across shop counters is banned to suppress its easy availability in the market. International commerce of sulphuric acid is controlled under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, which lists sulfuric acid under Table II of the Convention as a chemical frequently used in the illicit manufacture of narcotic drugs or psychotropic substances. Besides this, in order to implement such criminal laws effectively, government should: (1) conduct appropriate investigations of acid attacks; it must also be emphasized on scientific evidences (2) protect victims from threats that could undermine those investigations; and (3) prosecute and punish perpetrators of acid attacks.

REFERENCES:

1. Bodnar, “Burn by Acid Sulfurique and Vitriol Throwing: Two Lesions for a Same Product.” Annals of MBC 4.4 (December 1991): 222.
2. Guillais, Joelle (1991), “Crimes of Passion: Dramas of Private Life in Nineteenth-Century France.” Trans. J. Dunnett, New York, USA: Routledge.
3. Cambodian |Acid Survivors Charity (CASC-2010), April-June, quarterly report 4 (2010).
4. http://www.irinnews.org/report/34245/pakistan-acid-burn-victims-smile-again.
5. https://www.theguardian.com/global-development/2014/sep/09/acid-attacks-india-legal-respite.
6. CSAAAW (Campaign and Struggle against Acid Attacks on Women) (2007). “Burnt No Defeated”, first edition, a report by CSAAW, Bangalore.
7. http://www.womenwelfare.org/Acid%20Throwing.html.
8. Criminal Law (Amendment) Act, 2013. Government of India.

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