The Supreme Court on Tuesday raised the possibility of stronger legislative measures to deal with acid attack cases, including shifting the burden of proof onto the accused, similar to provisions applicable in dowry death cases. The court observed that only strict and painful deterrents could address the gravity of such crimes.
A three-judge Bench led by Chief Justice of India Surya Kant, along with Justices R Mahadevan and Joymalya Bagchi, made the observations while hearing a public interest litigation filed by acid attack survivor Shaheen Malik.
Court calls for extraordinary punitive measures
The Chief Justice asked the Centre to examine whether legislative intervention could be introduced to make acid attack cases “not less serious than dowry deaths”, including reversing the burden of proof. “Unless the action is extremely harsh, this is not going to end,” the CJI said, stressing that reformative theory had no place in such offences.
The Bench also suggested attaching and auctioning the assets of convicted offenders, with the proceeds paid to victims for rehabilitation and treatment. It proposed that police should collect asset details of the accused at the time of arrest and restrict the creation of third-party rights.
Survivor recounts long legal battle
Shaheen Malik told the court she was attacked with acid at the age of 26 and has been fighting for justice for 16 years. Now 42, she said all the accused in her case had been acquitted and her appeal was pending before the High Court. “I gave the most precious years of my life to this battle,” she said, urging speedy disposal.
The Bench assured her that a lawyer of her choice would be appointed at state expense to pursue the appeal.
Data sought on pending cases, rehabilitation
The court noted that 15 High Courts had submitted status reports on pending acid attack cases, with Allahabad reporting 198 matters and West Bengal 160. It urged High Courts to consider constituting dedicated benches for time-bound disposal of such cases.
States and Union Territories have been directed to submit detailed data within four weeks on acid attack incidents, pendency, convictions, compensation, medical treatment and rehabilitation schemes. The court said it would decide further steps after examining the information.