NEW DELHI: The Supreme Court on Tuesday urged "extraordinary punitive measures" in cases related to acid attacks, including forced consumption of acid, observing that unless the punishment is so painful for the accused, such offences will hardly stop.
While hearing a Public Interest Litigation (PIL) filed by acid attack survivor Shaheen Malik, an apex court bench comprising Chief Justice Surya Kant and Justices R Mahadevan and Joymalya Bagchi asked the Centre to consider amending the law to sternly deal with such cases on the lines of dowry death matters, where the onus of proving innocence lies on the accused.
Referring to inadequate punishment handed down to the convicts in such cases, the court remarked, "You have to take extraordinary punitive measures. Unless the punishment is painful for the accused, such offences are hardly going to stop...reformative punishment theory has no place here."
"Why can't the assets of the accused be attached? If a person is found guilty of an acid attack, why cant all his immovable assets be acquired and used to compensate the victim? " the CJI asked, adding that deterrence is needed.
During the hearing, Malik told the court that, "I am fighting my legal battle in this case by sacrificing my precious time, I am now working for acid attack victims."
In this case, the lawyer submitted that all the accused in the survivor's case have been acquitted and she has thereby filed a criminal appeal.
Hearing these submissions, the court passed certain directions.
The apex court requested the high courts to consider desirability of taking a decision for expediting and concluding matters concerning acid attacks in a time bound manner on out of turn basis.
"We request HCs to consider desirability of taking a decision for expediting and concluding matters concerning acid attacks in a time bound manner on out of turn basis. All State Legal Services Authorities are directed to submit schemes, if any, implemented by them for rehabilitation, compensation or medical aid to the victims of acid attacks," the apex court ordered.
It also directed that all the States/UTs to furnish the incidents of acid attacks reported (yearwise), also whether chargesheets were filed or not.
"How many cases have been decided and how many still pending at trial stage and how many appeals arising out of trials are pending, brief particulars of each acid attack victim, her academic qualifications, current [employment] status, marital status, medical treatment, details of the expenditure incurred or committed to be incurred by state," it added.
Directing that the states shall furnish separate details including particulars of victims who were forced to consume acids, the apex court said, the needful shall be done by the state government and high courts within four weeks.
The apex court noted in its order that Allahabad HC and Calcutta HC also needed to do something. "If HCs issue some instructions for expediting pending trials, that will help a lot. Let all HCs take a decision," the CJI said.
The court also said that 15 high courts have sent details for pending cases concerning acid attacks. 198 cases are pending in Uttar Pradesh. In West Bengal, there are 60 cases, and in Gujarat, there are 114, in Bihar and Maharashtra, there have been 68 and 58 pending cases respectively. Status reports from other HCs are still awaited.