Scarred!

The draft scheme for prevention of acid attacks and for rehabilitation of acid victims have been prepared to combat this heinous act leading to disability that permanently scars the victim physically and emotionally. Sheela Ramnathan recounts her experience in working with a victim of an acid attack and the protracted battle for justice.

Acid attacks are a form of gendered sexual violence. In Karnataka alone, 45 cases of women victims have been reported of which 17 cases belong to the period 2003-2004. Despite the increasing frequency of these attacks, efforts to systematically document or enquire into the violence are absent. It can be clearly seen that the constitutional guarantee of "health for all" and "right to life" have not been implemented and have in effect remained on paper. The public health systems have failed miserably in providing necessary first aid and medical treatment and every time treatment or surgery was required, the doctors and hospitals asked for large payments to be made and the lack of financial resources aggravated injuries and caused untold damage.

In their investigations of the crimes, the police have reflected their own patriarchal bias. There have been instances where the police have harassed the victim at the behest of the accused, faulty investigation led failure in proving the guilt of the acid procurers and a vital link of acid procurers and suppliers were lost, which delayed filing of charge sheets. Additionally, failure to take the statement from women victims has led to lapses in the investigation process. As a result the victims have been denied justice.

Women are attacked irrespective of their caste, class, educational background, religion, etc., and incidents have been reported from both the urban and rural areas. Acid is used specifically as a weapon against women to silence their voices of dissent and erase their independence. For the perpetrators it was a mean to exercise their control over women whenever women used to exercise their freedom of choice. This is in effect, a manner of negating the choice of a woman to refuse sexual advances. Perpetrators of this heinous crime also chose acid as their weapon of choice in order to disfigure women's faces and bodies permanently as women are often objectified and devalued by limiting their identity and worth to their physical looks and their bodies.

The attempt of an acid attack against a women is made not only to inflict severe pain as punishment but more importantly it is an attempt to destroy a women's body as this is considered to be central to her identity as a women

Though acid attacks are not restricted to women alone, there are fundamental differences between the attacks on men and women, so much so that it is not possible to brush the two with the same stroke. Acid attacks on women are a form of gendered sexual violence and this consideration is based on several arguments. Acid attacks are not stray or isolated cases of a few women being attacked; rather it is another form of systemic violence against women.

First, acid attacks are used as weapons to silence and control a woman. They are used to negate a woman's right to exercise her choice, her assertion of independence through an act of refusal, her right to love and not to love, and her right to live a life of dignity. Acid attacks are used by men as a way of asserting their right to control women, their bodies and their sexuality or in other words as a tool of patriarchal violence. When placed within the framework of patriarchal violence, acid attacks on women, as argued earlier, are no different from rape, sexual harassment or sexual molestation. It is in fact an extension of these forms of violence since it leaves a permanent scar on women physically, economically and psychologically.

Second, the attempt of an acid attack against a woman is made not only to inflict severe pain as punishment but more importantly it is an attempt to destroy a woman's body as this is considered to be central to her identity as a woman. The fact that a woman's identity is reduced to her body which can be possessed or mutilated when denied access is a signifier of the commodification of a woman's body. Body as a site of violence has long since been recognised. The definition of acid attacks on women, as a form of gender violence, is central to addressing the issues of gender inequality, male dominance and patriarchal values surrounding it. In this article, the reference to the term 'acid attacks' when used in isolation is a specific reference to acid attacks on women alone.

With crimes against women on a rise, the judgment in the case of Haseena, an acid attack victim is proving to be a precedent for the victims of acid attack. Haseena was 19 years old when she was subjected to an acid attack by her former employer Joseph Rodrigues on April 20, 1999 on account of her refusal to continue to work for him even after the winding up of his computer firm. The trial went on for five long years. In the year 2004, the sessions court opined that the punishment prescribed in law would result in the accused being in jail, and that his being in jail would not be of any use to Haseena, and that the accused was then 39 years old, whereas looking at the severe injuries suffered by Haseena, it would be of more use to her if the fine amount is increased as compensation to be given to her. The session court's judgment explained that five years and three months imprisonment, while the offence of grievous injury under Section-326 of Indian Penal Code attracted ten years rigorous imprisonment, was justified due to the interest of Haseena and not in the interest of the accused. While taking note of the physical deformity of the victim, including loss of eyes and her inability to walk, the ruling made no mention of the mental trauma or loss of livelihood or total loss of independence of the victim. The session court judgment awarded a total fine of Rs three lakh to be paid to Haseena after the appeal period, by ordering of Rs 50,000 to be paid initially and the remaining amount to be deposited in fixed deposit and to be released after five years. The amount lay without accruing interest.

In June 2006, Human Rights Law Network (HRLN) lawyers moved the Karnataka High Court seeking release of the fine amount as the appeals were pending in the High Court, and Haseena was in dire need of money for treatment. The High Court ordered that the appeals be taken up immediately and allowed HRLN to assist the prosecution. The court took notice of the plight of the victim and an additional fine of Rs two lakhs added to the earlier three lakhs was also awarded and sentenced Joseph Rodrigues to life imprisonment.

In collaboration with the Campaign and Struggle Against Acid Attacks on Women (CSAAAW), an organisation campaigning for the rights of acid attack survivors, HRLN has been working to highlight the retrogressive nature of the sessions court order and to ensure justice for Haseena. A petition in public interest has been filed by HRLN, Bangalore on behalf of CSAAAW. A Scheme for prevention of acid attacks and for the rehabilitation of acid victims has also been prepared.

With crimes against women on a rise, the judgment in the case of Haseena, an acid attack victim is proving to be a precedent for the victims of acid attack. Haseena was 19 years old when she was subjected to an acid attack

The salient features of the proposed draft scheme is as follows:

Prevention

    * Sale of acid to be controlled.
    * Concentrated acid to be banned.
    * Manufacturers, distributors, sellers and procurers of Acid to be held responsible and liable.
    * Punishments to be widely publicised so that they act as a deterrent.
    * Government to instruct visual and print media to take up wide scale awareness campaigns against acid attacks. Media to be prohibited from glorifying acid attacks as a form of revenge in TV serials and movies.
    * Information on first aid after an attack to be made available. This information includes washing with plenty of water. If the affected part is eyes it has to be continuously flushed with clean water, and one should not apply any other liquid or ointments. One should not cover the area with thick cloth or blanket.

Investigation

    * Police to be directed to register a complaint on priority.
    * Courts and police to be given power to issue protection /prohibitory/injunction orders against the perpetrators whenever there is any complaint from any women of threats
    * The preliminary enquiry to be conducted by the higher authorities like ACP in cities and SP in towns. Especially with reference to spot investigation. Along the same lines as done in the investigation of dowry deaths. FIR to be registered in the lines of inquest.
    * Charges should be framed with due thought and application of mind to stand the scrutiny of trial.
    * Acid attack offence to be booked under Section-307 and 326 of the Indian Penal Code.
    * Attackers not to be granted bail. A minimum sentence irrespective of the quantum of injury.

Curative

    * Immediate medical attention as a medico legal case.
    * Private doctors or private hospitals cannot refuse treatment. They are to be held responsible in any case that they do not attend the victim on priority or refuse admission in hospital. Failure of government hospitals to provide timely emergency medical treatment to person in need results in violation of his right to life.
    * Following the Supreme Court judgment reported in (1989) 4 SCC 286 PT in the case of Parmanand Katara Vs Union of India and other, private doctors are also obliged to give immediate medical relief in all injury cases.

Compensation

    * From the Manufacturers: A portion of revenue collected by the way of tax or otherwise be directed to be set apart to create a fund under a separate head for use or appropriation for all acid victims either accidental or homicidal. The said fund to be created either from the existing revenue or through additional cess or tax or otherwise before granting or extending licence.
    * From the Perpetrator: State to impose damages apart from fine or imprisonment as compensation on the same lines as under the Domestic Violence Act. Property of the accused to be attached and used towards the medical and other expenses of the victim.
    * From the State: Women and child departement to set apart certain amount from the budget towards compensation and rehabilitation of acid victims.
    * Compensation to be given in the same lines as is awarded to rape victims.
    * Loss of earning of victim to be compensated

Private doctors or private hospitals cannot refuse treatment. They are to be held responsible in any case that they do not attend the victim on priority or refuse admission in hospital

Monitoring agencies

    * Karnataka state commission for women to be a nodal agency as they were mainly constituted to provide constitutional and legal safe guards for women and to recommend remedial legislation.
    * Task forces of monitoring the follow up purposes to be set up at state and district levels by the state women's commission.
    * Nodal agency to be responsible for the prevention of further acid attacks investigation in cases off acid attacks, medical care and rehabilitation for the acid victims.
    * Other limbs of the State to be involved in the rehabilitation and prevention consultations.

Long-term medical treatment

    * State to establish a hospital run under its control for plastic and other surgeries and to establish a well-equipped special ward to treat the acid victims.
    * Doctors and nurses to be given special training to treat acid attack cases.
    * All hospitals including public health clinics at taluka levels to be sufficiently equipped.
    * Psychiatric assistance and counseling to be provided by the State.
    * State to allot adequate amount for providing such facilities, in annual budgets.
    * Direct that no hospital or nursing home to collect any money from the acid attack victims either for facilities or service rendered.

Acid attack offence needs to be booked under Section-307 and 326 of the Indian Penal Code

Acid attacks on women have serious negative impact on their health- both physically and psychologically. The sheer magnitude of the problem, the widespread stigma and discrimination and the significant treatment gap that exists, necessitates an immediate public health response. The need to recognise and account for the psychological violence faced by women who survive acid attacks is critical.

http://www.combatlaw.org/information.php?article_id=1073&issue_id=38