Training on Rights of Acid Attack survivors and Implementation of the Law . 28th and 29th April 2018 Training on Rights of Acid Attack Survivors and Implementation of the Law 1 Training on Rights of Acid Attack Survivors and Implementation of the Law July 2018 Coordinators Shaheen Malik Sneha Mukherjee Deepak Singh Minutes Shebani Rose Verma Afreen Bano Khan Devika Report Compilation Devika Editor Proofs Photography Zoriah at http://www.zoriah.net/ (Cover) Richa Published by Human Rights Law Network (A division of Socio-Legal Information Centre) 576, Masjid Rd, Bhogal, Jangpura, New Delhi, Delhi 110014, India Ph: +91-11-24379855/56 Email: [email protected] 2 AKNOWLEDEMENTS I would like to thank everyone from Human Rights Law Network and the Centre for Constitutional rights for their relentless support in making the training successful. This program would not have been possible without the continued efforts of the Meer Foundation and Jamia Hamdard University, New Delhi. Finally, I would like to thank HRLN’s founder Colin Gonsalves, for his constant, fierce, unapologetic work on behalf of all marginalized and vulnerable communities in India for the past three decades. Shaheen Malik National Coordinator Campaign against Acid Attack 3 TABLE OF CONTENTS Background: Understanding Acid Attack 5 Summary 7 Training Report Introduction 9 Supreme Court Decisions On Acid Attack 10 Overview of the Plight of Acid Attack Survivorsand the poor implementation of the law 11 Acid Attack Survivor Testimonies 14 Role of NGO’s 22 Role of Police 25 Role of Doctors 26 Landmark Judgements of High Court 30 Acid Attack Survivor Testimonies 31 Role of the Delhi State Legal Services Authority 33 Role of Journalists and Media Persons 35 Role of the Delhi Commission for Women 37 Role of Academic Institutions 38 Acid Attack Survivor Testimonies 39 How to litigate in Criminal Courts 42 Scope of Public Interest Litigation (PIL) 44 Constitutional Provisions 47 Statutory provisions 47 Landmark Cases 50 Significant High Court Decisions 86 Annexures 138 4 BACKGROUND UNDERSTANDING ACID ATTACK Acid Attack is an attack or attempt to attack a Justice for acid attack survivors has evolved person with the intention to disfigure, torture, or through the years with the judiciary taking the kill, using acid or any other kind of corrosive lead in setting the tone for compensation and substance. Such an attack results in permanent rehabilitation of the survivors. Right from the physical disfigurement, damage to internal accessing continuous free medical treatment to organs, as well as death in some cases. For compensation and rebuilding their life, the victims who survive this attack, there is a battles a survivor has to face are endless. constant battle of survival for the rest of their Right from immediate medical assistance, to life coupled with complete disability and psychological counselling services for survivors crippling depression. and their family, and providing legal aid for India records at least 300-500 cases each year. There compensation, following up the trial procedure, were no separate statistics for acid violence sending representation letters to the state cases in India until the early 2013 as Indian governments and concerned authorities on Criminal Law did not recognize it as a separate behalf of the victims and/or filing writ petitions offence. With the amendment in the Indian Penal for compensation as well as for the enhancement Code in 2013 (The Criminal Law (Amendment) of such compensation and rehabilitation; a Act, 2013), incidents of acid attacks are now survivor needs to be assisted throughout this long being recorded as a separate offence under and often cumbersome journey. Section 326A and 326B of the Indian Penal HRLN through its acid attack initiative seeks to Code. Despite the aforesaid, there has been a make use of existing laws to oppose all forms of steep rise in the number of cases. While there are violence against women and gender- based Supreme Court guidelines set out in the case of discrimination. Primarily, HRLN aims to cover all Laxmi v Union of India (2013)1 regarding the needs and requirements of a survivor, post the regulation of sale and procurement of acid, acid acid attack, and their subsequent rehabilitation. is still readily available over-the-counter. 1Laxmi vs. Union Of India and Ors. (WP (CRIM) 129/2006) 5 HRLN also holds regular meetings with doctors It also connects with organizations that help in and government organizations such as the providing vocational training to the survivors Women’s Commissions, State Legal Services and help with their rehabilitation. HRLN also Authorities and Departments of Women and publishes books and reports to document Child Development to apprise them about the attacks, provide information on the issue, and various cases and related data collected by us. gather support for the survivors. 6 EXECUTIVE SUMMARY The Centre for Constitutional Rights in procedures and the schemes for compensation collaboration with Meer Foundation and the and rehabilitation that survivors could avail. Jamia Hamdard University organized the Sessions by medical experts clarified various National Meeting and Training on Rights of issues regarding first aid, surgery, different Acid Attack Victims and Implementation of treatment procedures and the advances in Law on the 28th and 29th April 2018. medical technology which would only help survivors cover further. Each survivor hailing Through this collaboration, HRLN and CCRI from different corners of the country recounted intended to bring out the stories of the survivors, their experiences, shared their stories and spoke their struggles in an effort to help create about the change they wanted to see in the awareness as well as provide a platform for implementation of the law. discussing the law as it stands on acid attack and the way forward. The two-day training Each survivor's story lent inspiration and programme witnessed advocates, expert motivation to the other, creating a bond of medical professionals, and other stakeholders women and men who have shown immense come under one roof with the survivors and strength in fighting for their rights. The two- day discuss the detailed procedure of law, session of learning concluded with a session on compensation, criminal procedure, the way forward, where key issues which can be investigation, medical procedures, and the taken up as issues of Public Interest Litigation impact on the lives of the survivors and their were narrowed down and it was decided to families. proceed on a dual strategy - with cases in High Courts as well as Supreme Courts, depending on Primary emphasis was on understanding not just the issues, states and judges concerned at the compensation but also the support mechanism same time ensuring advocacy continues at the needed for survivors throughout their lifetime. ground level. Experts convened session on understanding the nuances of the criminal 7 NATIONAL COURSE ON RIGHTS OF ACID ATTACK SURVIVORS AND THE IMPLEMENTATION OF THE LAW INTRODUCTION Dr. Seyed Ehtesham Hasnain, Vice Chancellor, Jamia Hamdard University welcomed the survivors, activists, lawyers and all the guests to Jamia Hamdrad University. Jamia Hamdard Vice Chancellor Dr. Seyed Ehtesham Hasnain Dr. Seyed spoke about about the need to increase awareness among the people about the work that is being done by such organizations like HRLN, CCRI and Meet Foundation. He spoke about the low number of organisations that work on the issue of Acid Attack. He also shed light on issues beyond acid attack such as housing rights, refugees, death penalty and other forms of violence against women which also demand the need to be brought to the limelight through advocacy and litigation. He emphasized that Jami Hamdard facilities and faculty and that the University is always willing to help and collaborate with organisations such as HRLN and CCRI for any further events and trainings, reflective how the university started, as a place that grew of “Hamdard”. 8 Dean, Jamia Hamdard, SM Khan with VC Dr. Seyed Ehtesham Husnain and Colin Gonsalves SUPREME COURT DECISIONS ON ACID ATTACK Colin Gonsalves, Senior Advocate, Human Rights Law Network Dr. Colin Gonsalves commenced the session explaining that the aim of everyone present here should be to make the movement against acid attack much stronger. He advised the network to come together and fight against the myriad of issues survivors face. Together, he said, bringing about change would be much easier. Dr. Colin Gonzalves, Senior Advocate, Human Rights Law Network 9 Brief History of Acid Attack Litigation An insight into the history of litigation around acid attack was given in this session. Prior to the case Laxmi vs. Union of India2 of not many cases of acid attack came into the limelight primarily because they were not being reported and the limited awareness about this crime in mainstream media, amongst legal practitioners and the justice delivery machinery as well. It was in Laxmi’s case that compensation of rupees 3 lakhs was ordered by the Supreme Court of India. All thoughit is still meagre compared to the expenses that a survivor has to incur, Laxmi’s Case set a precedent on free treatment, compensation and sale of acid. The next big development with regards to litigation was the case of Parivartan Kendra vs.Union of India3, where the survivor Chanchal, had to undergo at least 8 reconstruction surgeries for which a sum of 3 lakhs would not be enough in any manner. Only after presenting the bills and predicted expenditure reports did the Supreme Court decided to order for a compensation of rupees 13 lakhs. From practical experience, it is known that even a sum of 13 lakhs is still also not enough for compensation. It is therefore, the right time for the movement against acid attack to come together and push these boundaries of compensation set by the constitutional courts.