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Home , Acid attack

ANNUAL REPORT 2008-09

Annexure - IV SCHEME FOR RELIEF AND REHABILITATION OF OFFENCES (BY ) ON WOMEN AND CHILDREN NATIONAL COMMISSION FOR WOMEN Statement of object and reasons attacks can be termed as an act In most cases, acid attacks of gender-based that results in, or is permanently disfigure, debilitate and, likely to result in, physical, sexual, eventually, destroy the victim, both physically psychological harm or suffering to women. and psychologically. While many attacks have The Declaration on the Elimination of resulted in slow and painful deaths, cases 1993 stipulates that like that of Haseena (in April 1999) and in States should condemn violence other cases have resulted in young women against women and pursue by all appropriate getting disfigured, maimed and confined to means and without delay a policy of homes for life. They continue to battle medical eliminating violence against women and, to complications as acid seeps into the body and this end, should: harms internal organs over an extended period of time. The victim needs both short • Develop penal, civil, labour and term and long term medical facilities in the administrative sanctions in form of specialized plastic surgery. But it is domestic to punish and almost impossible for the victim’s family to redress the wrongs caused to pay for the extensive surgeries needed to women who are subjected to reconstruct the damaged of the victim violence; and thus many of the victims remain like a • ensure, to the maximum extent living corpse. As these surgeries are feasible in the light of their performed at different stages to give a person available resources and, where a close resemblance to their earlier looks, needed, within the framework of these operations cost the victim from international cooperation, that minimum two lacs to several lacs of rupees. women subjected to violence and, It has also been observed that there is where appropriate, their children no scope for rehabilitation for acid survivors have specialized assistance, such and there is no one to provide support. as rehabilitation, assistance in Despite the fact that in most cases the victim child care and maintenance, knows the violator, the perpetrators often treatment, counseling, and health escape the and are rarely brought to and social services, facilities and justice under the Code of Criminal Procedure programmes, as well as support and the Penal Code. structures, and should take all

90 other appropriate measures to • To assist the victim of acid attack promote their safety and physical by way of providing for her medical and psychological rehabilitation; treatment services and also provide social and psychological support. • include in government budgets adequate resources for their • To arrange rehabilitation activities related to the elimination mechanisms/schemes taking into of violence against women; account the specific needs of the victim. Thus on the basis of the above stated reasons, the proposed law seeks to focus on achieving the following major objectives:-

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CHAPTER I such person is likely to cause to SHORT TITLE, APPLICATION the other person Permanent or AND DEFINITIONS partial damage or deformity or disfiguration to any part of the body 1. Short title, extent and of such person. commencement (c) “Appropriate Government” means (1) This Scheme may be called scheme the central and the state for relief and rehabilitation of Government offences (by Acids) on women and children (d) “Child” means any person under 18 years of age (2) It extends to the whole of except the State of Jammu and (e) “District Board “ means the district Kashmir criminal injuries relief and rehabilitation board at district level; (3) It shall come into force on such date as the Central Government (f) “DISTRICT MONITORING may by notification in the official COMMITTEE” committee Gazette, appoint. established in each district

2. Application. - This scheme applies to (g) “” as defined in victims (women and children) of acid PWDV Act 2005 attacks. (h) “Victim” means a or a child.

3. Definitions. - (1) for the purposes of (i) “Medical treatment” shall include the scheme, unless the context corrective surgeries, psychological otherwise requires.- counseling

(a) “Acid” shall mean and includes any (j) “Medical facility “ means any substance which has the character medical hospital government of acidic or corrosive or burning funded orprivate which provides nature that is capable of causing for specialised treatment to victims bodily injuries leading to or of injuries , acid attacks ortemporary or permanent . (k) National Board” means the National Criminal Injuries (b) “Acid attack” means any act of Compensation Board; throwing acid or using acid in any form on the victim with the (l) “Offence” shall mean any offence intention of or with knowledge that punishable under the IPC or under any law

92 (m)“Service provider” means any having knowledge of or practical voluntary association registered experience in matters relating to under the society’s registration Act . 1860 or a company registered • Two women representatives of under thecompanies Act 1956 or NGOs or women Activists working any other law for the time being in in the field of empowerment of force, which espouses the cause of women. women and/or provides for support and rehabilitation of victims of acid • An officer of NCW shall be the attacks Member Secretary of the Board, ex- officio. (n) “State Board” means State Criminal Injuries Relief and Rehabilitation 5. Procedure of business and Term of Board at State level Office of the Members of the Board

CHAPTER II Term of Office of the Members of the IMPLEMENTING AUTHORITIES Board, shall be for 3 years. The UNDER THE SCHEME President and the Members of District, State and National Criminal Injuries 4. CONSTITUTION OF NATIONAL Compensation Board would work on CRIMINAL INJURIES RELIEF AND honorary basis. Non official Members REHABILITATION BOARD of National, State and District Boards The Central Government shall by will be eligible to get a sitting fee of notification constitute a body to be Rs.500/- for each meeting. Non - known as National Criminal Injuries official Members of District Monitoring Compensation Board; Committee will be entitled to on honorarium of Rs.500/- for each case. (ii) The National Board shall consist of: - Members of the National, State and - The Chairperson, National District Boards who are government servants would work on honorary basis Commission for Women who shall be and would be entitled to TA/DA as per the President of the Board, ex-officio. rules applicable to them from their • An officer not below the rank of regular head of account. Joint Secretary of the Central 6. Appointment of officers and other Government in the Ministry of Women and Child Development. employees of the Board

• One woman Member to be For the purpose of enabling it efficiently to discharge its functions, appointed from amongst persons

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the National Board may, appoint g) Monitor and evaluate the (whether on deputation or otherwise) implementation of the scheme and including short term contract seek periodical reports. such number of officers and other h) Co-ordinate and Monitor the employees as it may consider functioning of the state and district necessary authorities constituted under this 7. Functions of the National Board Scheme for the implementation of the Scheme. The National Board shall administer the Scheme and to that effect:- i) The Board may inquire or cause to be inquired suo moto or otherwise or on a) Lay down policies and procedures for a petition presented to it by a victim the effective implementation and or any person on her behalf or by an administration of the Scheme. NGO, into any complaint alleging the b) Review, from time to time, and advise offence of acid attack and /or with the Central Government on the respect to any matter in connection quantum payable and other relief’s with the provisions of the scheme and provided under the Scheme. refer the matter to the appropriate District or State Board. c) Advise the Ministry to issue suitable advisories to state government for j) Administer the Insurance scheme or directing the public prosecutors to group insurance and notify the agents plead before the competent court to as may be prescribed award suitable compensation to the k) Recommend to the government victims and appraise the court on the regarding any fee ,tax or charge to be actions initiated as per the scheme. levied from any person, body or d) Estimate the requirement of the association or manufacturer dealing in funds/budget. Administer and Allocate chemicals including acids including funds to the State Boards. creating a Consortium of acid and chemical manufactures from whom the e) Issue directions to the appropriate appropriate Government may levy authorities under the Scheme for license or such other fee which could ensuring proper medical, psychological be used to form a corpus fund out of and legal assistance to the victim. which, compensation could be given f) Frame and issue guidelines on the to the victim on an immediate basis. rehabilitation schemes in consultation l) Any other matter as may be prescribed. with the Central and State government.

94 8. CONSTITUTION OF THE STATE (iii) Issue directions to the appropriate BOARD – authorities under the scheme for ensuring proper medical, psychological (i) The State Government shall constitute and legal assistance to the victim. by notification in the Official Gazette State Criminal Injuries Relief and (iv) The Board may inquire suo moto or Rehabilitation Board at State level otherwise on a petition presented to it by a victim or any person on her behalf (ii) The State Board shall consist of:- into any complaint alleging the offence • Secretary, of the department of of acid attack and /or with respect to Women and Child development/ any matter in connection with the department of social welfare who provisions of the scheme and refer the shall be the President; matter to the District Board.

• Joint Secretary of Department of (v) The Board shall entertain all appeals Home against the decision of the District Board and in deserving cases • The Member Secretary or any recommend enhancing of the relief member of the State Women amount with prior approval of the Commission. National Board. • An officer of the Law department 10. CONSTITUTION OF DISTRICT of the State or the Union CRIMINAL INJURIES RELIEF AND territory REHABILITATION BOARD; • Three Representatives from (a) Upon the notification of the scheme, amongst women Activists and there shall be established at every eminent lawyers working in the District, a Board called the field of empowerment of women. District criminal Injuries relief and 9. FUNCTIONS OF THE STATE BOARD rehabilitation Board;

(i) The State Board shall co-ordinate and (b) The board shall have exclusive monitor the functions of the District jurisdiction to deal with applications Board; received under the scheme in that district; (ii) The State Board shall ensure proper disbursement of the funds allocated to (c) The board shall be headed by the it by the Central Government / Collector or the District Magistrate by National Board and any additional whatever name he/she is called who amount supplemented by the State shall be the President and comprise of Government, to the district Boards.

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four other members nominated by the 12. POWERS OF THE DISTRICT BOARD State government, where one of them (a) The board shall be the authority to has expertise in matters relating to consider the claims and award criminal law, one has experience in the financial relief in all cases of alleging field of empowerment of women, a the offence by acids and order such Medical doctor and a representative of other relief and rehabilitation Panchayati Raj Institution or measures as deemed fit in the municipality in the District, out of circumstances of the case. which at least three members would be women. (b) The Collector or the District Magistrate as the President of the Board shall 11. FUNCTIONS OF THE DISTRICT exercise the powers conferred upon CIRRB him under the Cr.P.C. or under any (a) The Board shall consider the claims other law by the State Government, for and award financial relief/ carrying out the functions under the rehabilitation as the case may be in Scheme ; all cases of acid attacks in accordance 13. DISTRICT MONITORING with the procedure prescribed under COMMITTEE - The State Government this scheme. shall establish in every District, a (b) The Board shall coordinate and Monitoring Committee, which shall be monitor the activities of the District headed by the Superintendent of Monitoring Committee (DMC), as of the District. The committee shall provided under the Scheme, and/or comprise of the following other with the Governmental and non – members, whom the District Collector/ Government organizations for District Magistrate would nominate: rendering assistance to the victim, in (i) A police officer, preferably a woman the form of any legal, medical, psychological or any other form of aid/ (ii) A woman social activist or a assistance. counsellor;

(c) Implement any scheme for (iii)A Lawyer rehabilitation of acid attack victims (v) A Medical doctor; framed by the State or National Criminal Injuries Relief and (vi) A representative of the Panchayati Rehabilitation Board. Raj Institution or Municipality

14. FUNCTIONS OF THE DISTRICT MONITORING COMMITTEE:

96 The District Monitoring committee of medical aid and other support shall perform the following functions; services

(a) To arrange for psychological and (n) Undertake a field visit and spot medical aid and counselling to the inquiry and take suo moto victim. cognisance of any incident of acid attack (b) To arrange for legal aid to the victim in filing the FIR till the conclusion (o) Create awareness about the means of the trial; by which public can notify the board of any acid attack, develop (c) To initiate suitable measures to networking strategies in ensure the protection of the victim coordination with NGO’s and other and witnesses till the conclusion of stakeholders towards the trial. strengthening the support systems, (d) Monitor and expedite the progress conduct advocacy work with police of the investigation. and other stakeholders.

(e) To aid and assist in opposing bails, (vii) Maintain records and statistics filing appeals and making on acid attacks application for protection of the (vii) Any other matter as may be victim. prescribed (f) In cases of young victims, to see CHAPTER III that they receive education or PROCEDURE FOR ASSISTANCE professional training or training for self-employment. 15. Procedure for providing assistance to the victims (g) To assist them in securing employment. (a) A victim, or her dependents or immediate family member or any (h) To facilitate the victims’ voluntary organization espousing the rehabilitation. cause of women/child may apply to the (j) To arrange shelter to the victim, for District Board for financial and other such period as the circumstances relief in accordance with the warrant. application form as may be prescribed

(m)Either on its own or through any (b) In case of death caused by or results service provider, provide immediate as a consequence of acid attack, the assistance to the victim in the form children or other dependents of the

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deceased or any voluntary organization (f) After having been prima facie espousing the cause of women/child satisfied that a case of acid attack or service provider, may apply to the has been made out, the board shall board for relief in accordance with the order an interim financial relief of provisions of the scheme . an amount upto Rs.5,00,000/- within a period of thirty days from (c) Where the legal heir is— the date of receipt of the application. (i) A child, the application may be The payment would directly be sent made on his behalf by the father or to the hospital where the acid attack guardian or by any authorized survivor is undergoing the treatment voluntary organization; and be utilised for the purposes of treatment to the victim. (ii) A mentally ill person within the meaning of the Act, (g) Any further sum of money as approved the Application may be made by the by the Board/monitoring authority, person with whom the victim from time to time shall be met towards normally resides or a duly the treatment of the victim, subject to authorized medical officer or a a maximum of Rs. 25 Lakhs inclusive voluntary organization; of the interim compensation

(d) An applicant shall submit all/any of (h) Where death of the victim results the following documents with the The Board shall on the facts and application: circumstances of the case, pay a lump sum not exceeding Rs. (i) Medical certificate, where the 2,00,000/- to the legal heir application is being made by or on preferably the children of the behalf of the victim; or deceased so as to protect the best (ii) The death certificate of the victim/ interests of the child . This would post mortem report, where a legal be in addition to any expenses heir is making the application incurred towards the treatment of including copy of post mortem the victim. report or (i) The Board shall in addition to the (iii)Copy of FIR/Complaint. above, take such measures for the purposes of the rehabilitation, legal (e) On the receipt of the application, the aid or any special needs of the District Board shall satisfy itself victim in consultation with the about the claim, make a preliminary monitoring authority or service assessment about the nature of the provider. The board or the claim.

98 monitoring authority shall cater to (iii) National Board would allocate fund to the special needs and rehabilitation State Board. The State Criminal of such victims to an amount upto Injuries Relief and Rehabilitation Rs. 5 Lakhs Board would in turn allocate funds to District Criminal Injuries Relief and (j) The relief’s provided under the Rehabilitation Boards. scheme shall not be subject to convictions or acquittals or whether (iv) All fines/costs compensation, collected the identity of the persons from persons convicted of offences by committing the crime is known or acids by a competent court would be otherwise. credited to the National Criminal Injuries Relief and Rehabilitation (k) While conducting any home study Board, if so ordered by the court. or enquiry, the fact that the victim was at any time subjected to any (v) The Budgetary allocations shall be act of domestic violence shall be used for meeting:- taken into account and the a) The cost of assistance provided question whether the legal heir is under this Scheme, the husband or the relatives of the husband shall be determined b) Any other expenses required for accordingly by the Board or by the functioning of National, State & monitoring authority. District Criminal Injuries Relief and Rehabilitation Boards including the CHAPTER IV funds required for rehabilitation of FINANCE the victims which are required to 16. be met by the district monitoring committees. (i) The central government shall provide the budgetary requirements for the 17. Accounts and Audit- The Central implementation of the scheme, to the Boards and state Government or the MWCD which would be monitoring authority shall maintain transferred to the National Board as proper accounts and other relevant Grant in Aid records and prepare an annual statement of accounts including the (ii) The budgetary allocations shall be income and expenditure account and made in consultation with the the balance-sheet. These Accounts will National Criminal Injuries Relief and be audited by The C&AG of India. Rehabilitation Board.

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CHAPTER V Criminal law Amendment – MISC PROVISIONS amendments in IPC, etc

18. Duty of the Government – (a) the Amendment in IPC Appropriate Government shall in 1. INSERTION OF NEW SECTION 326 consultation with the National Board A - throwing or using of acid in any and the Monitoring agency frame form on the body of other person - guidelines to regulate and control the Notwithstanding anything contained in sale, distribution and procurement of section 324 or 326 of the Code , acids in any form Whoever does any act of throwing acid or using acid in any form on the other (b) The appropriate Government shall act person with the intention of or with on the recommendations made by the knowledge that he is likely to cause National Board within a period of sixty such person Permanent or partial days from the date of submission of damage or deformity disfiguration or the recommendation disability to any part of the body of 19. Duty of medical facility – (a) No such person shall be punished with medical hospital or speciality, of either description for government owned or privately owned a term which shall not be less than shall deny specialised or any form of TEN years but which may extend to treatment to any victim on any ground, Life and shall also be liable to fine when such victim is brought before or which shall be a minimum of RS 2 approaches such facility for treatment. Lakhs and may extend to Rs 5 lakhs

(b) Where such medical facility receives The offence shall be cognizable, Non- such a victim for treatment it shall bailable and non-compoundable forthwith inform the monitoring Explanation _ the term “acid” and “acid agency or the national Board and the attack” – as defined in section 3(a) and police of the same, but shall in no (b) of the prevention of offences (by manner or on any ground refuse acids) scheme 2008 treatment to such victim Justification: although the offences (d) For the purposes of treatment, the relating to acid throwing is covered police report or the FIR shall not be under section 320 and 326 of the IPC relevant precondition but keeping in view the extreme heinous nature of the act and the fact that under section 326 the offence can be punished with imprisonment

100 For life or with imprisonment of either circumstances of the case and the description for a term which may statement of the victim, that such extend to ten years, it is proposed person had thrown acid on the woman in the Bill that at least the minimum Amendments to the Criminal punishment be not less than 10 Procedure Code years and extend to life Insertion of new section 357A - imprisonment Defraying of expenses - Notwithstanding anything contained Further using acid with intention or in Section 357 of Code of criminal knowledge is a punishable offence procedure or in any other law for the irrespective of the nature and extent time being in force, the court may of injury; therefore there is no need for when passing judgment for the offence categorisation of various forms of under section 326 A or 326 B of the disability IPC - 2. INSERTION OF NEW Section 326 B - (a) In the payment to any person of Attempt to throw or use acid in any compensation for any loss or injury form on the other person - Whoever caused by the offence and may does any act with such intention or order the recovery of the amount knowledge and under such from the assets of the accused circumstances that, if he by that act caused Permanent or partial damage (b) Defraying of expenses incurred by or deformity disfiguration or disability the concerned authorities under for to any part of the body of such person, assistance to victims of acid attacks shall be punished with imprisonment (c) If the fine is imposed in a case of either description for a term which which is subject to appeal, no such shall not be less than 7 years and payment shall be made before the shall also be liable to fine to a period allowed for presenting the minimum of Rs 1 lakh appeal has elapsed, or if an appeal Amendments proposed in the Indian be presented, before the decision Evidence Act of the appeal.

1. INSERTION OF NEW Section 114 B (d) An order under this section may Presumption as to acid attack - also be made by an Appellate Court When the question is whether a person or by the High Court or Court of has committed the act of throwing acid Session when exercising its powers on the woman the Court shall of revision. presume, having regard to the

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FINANCIAL IMPLICATIONS OFTHE SCHEME During the 11th Plan 2008-09 to 2011-12 INTERIM RELIEF Final Establishment Total and REHAB Settlement (in crores) (in crores)

5 LAKH 5 LAKH 20 LAKH 3

100 Cases

2008-09 5 crores 5 crores 20 crores 3 33

2009-10 5 crores 5 crores 20 crores 3 33

20010-11 5 crores 5 crores 20 crores 3 33

2011-12 5 crores 5 crores 20 crores 3 33

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