RANCHI: In a significant relief to a male acid attack survivor, Rahul Kumar, the Jharkhand High Court has directed the state government to increase his compensation from Rs 3 lakh to Rs 15 lakh.
A division bench comprising Justice Rongon Mukhopadhyay and Justice Pradeep Kumar Srivastava, while hearing a Letters Patent Appeal (LPA), observed that an acid attack wounds not only the victim's face but also their soul.
The court held that compensation of Rs 3 lakh was grossly inadequate to address the victim's suffering and rehabilitation needs. It noted that while the Jharkhand Victim Compensation Scheme, 2016, prescribes a minimum compensation amount, it does not impose an upper limit. Therefore, courts are empowered to award higher compensation depending on the facts and circumstances of a case.
During the hearing, the bench expressed concern over the differing provisions for male and female acid attack victims under the state's compensation schemes.
The court observed that acid does not discriminate on the basis of gender and, therefore, compensation schemes should ensure parity. It directed the state government to amend the 2016 scheme to provide adequate compensation for male acid attack survivors as well.
The incident occurred in 2012 when Rahul Kumar was studying at home. A dispute broke out between his 10-year-old cousin and a neighbourhood child. As the argument escalated, Rahul intervened and objected to a neighbouring woman using abusive language.
Enraged by his intervention, the woman allegedly fetched acid from her house and threw it at him. The attack caused severe facial burns, damaged parts of his eyelids and both ears, and resulted in serious injuries to his neck, chest and left arm.
Rahul has undergone 14 plastic surgeries so far. The attack has severely impaired his vision, and he has been assessed with a 45 per cent disability. More than Rs 25 lakh has already been spent on his medical treatment, while additional surgeries are still anticipated.
Rahul informed the court that he was unable to file the appeal within the prescribed period due to acute financial hardship and the prolonged course of medical treatment.
The court directed the state government to release the remaining Rs 12 lakh, over and above the Rs 3 lakh already paid, to Rahul within eight weeks. It also ordered the prompt reimbursement of actual expenses for future medical treatment upon submission of the necessary documents.
“On the basis of the overall facts and circumstances discussed above, and considering that Rs 3,00,000 extended as victim compensation is a meagre amount, coupled with the fact that there is no upper limit prescribed under the 2016 Scheme, we enhance the compensation to Rs 15,00,000 payable to the writ petitioner,” the court said in its order.
The bench further observed, “We are aware that physical and mental pain and suffering cannot be compensated in monetary terms. However, we believe that this enhanced compensation will go a long way in alleviating, to some extent, such trauma and may also assist the writ petitioner in his rehabilitation.”
The court also emphasised that ensuring the rehabilitation of acid attack survivors and enabling them to lead a life of dignity is a primary responsibility of a welfare state.
