In a significant development, the Supreme Court of India has strongly advocated for stringent amendments to penal laws to ensure harsh punishment for those convicted of acid attacks. The apex court emphasized that the current reform-oriented sentencing system should not be applicable to such offenders, proposing instead that their properties be auctioned to provide compensation to survivors.
Court's Stance on Extraordinary Punitive Measures
The bench, comprising Chief Justice Surya Kant and Justices R Mahadevan and Joymalya Bagchi, made these observations after hearing the harrowing account of acid attack survivor-petitioner Shaheen Malik. She detailed her 16-year legal battle and the eventual acquittal of all accused in her case. Expressing deep concern, the bench stated, "Some extraordinary punitive measures are needed to be taken to deter people from assaulting others with acid or other corrosive substances."
Proposal for Dedicated Compensation Corpus and Legal Amendments
The Supreme Court has directed Additional Solicitor General Archana Pathak Dave to obtain the Centre's response within four weeks on two critical proposals. First, the creation of a dedicated corpus to compensate acid attack survivors. Second, amending penal laws to shift the burden of proving innocence onto the accused, thereby carving out an exception to the general principle of "innocent until proven guilty in a court of law."
Examination of Property Attachment and Auction
The CJI-led bench announced it will also scrutinize whether the personal properties of an acid attack convict should be attached and auctioned to compensate the survivor. To prevent accused individuals from transferring their assets to third parties, the court suggested that trial courts should attach properties during proceedings and proceed with auction after a guilty verdict. The bench underscored that "the system, police, and courts must adopt a harsh approach towards acid attack accused."
Alarming Pendency of Acid Attack Trials Across States
During the hearing, advocate Sija Nair highlighted the severe delays in the judicial process, noting that trials often get vitiated due to their snail-paced progress. She cited an example of an acid attack case in West Bengal that has been pending for 23 years. Furthermore, data from 15 high courts reveals a staggering backlog of such trials nationwide.
State-wise Breakdown of Pending Cases
- Uttar Pradesh leads with 198 pending trials.
- West Bengal follows with 160 cases.
- Gujarat has 114 pending trials.
- Bihar and Maharashtra each report approximately 60 pending cases.
This overwhelming pendency underscores the urgent need for systemic reforms and expedited justice for acid attack survivors, as emphasized by the Supreme Court's proactive stance.
