People forced to ingest acid entitled to disability benefits, says apex court
New Delhi, May 5 -- The Supreme Court on Monday closed a major legal gap in the rehabilitation of acid attack victims by directing that persons forced to ingest acid will be entitled to benefits meant for disabled persons. The court also urged the Centre to consider enhancing the punishment under the law to deter persons from indulging in such crimes.
The top court noted that under the Right of Persons with Disabilities Act 2016 (RPwD), the Schedule of disabilities includes acid attack victims as persons with external disfigurement and not internal scars. This proved disadvantageous to victims forced to drink acid because the damage to their internal organs is not externally visible.
The Centre, represented by solicitor general Tushar Mehta, informed the court that the concerned ministry has taken up the issue and drafted an amendment to this effect for the Legislative Department to carry out the necessary change to the Schedule.
As the amendment was expected to take time, the bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi said, "Pending suitable amendment to the Schedule under RPwD Act, it is directed that for all intent and purposes, and to give effect to the RPwD Act, acid attack victims shall also include victims to whom acid is administered and shall include those who have suffered internal injuries even if there is no outward disfigurement."
While issuing this order, the bench clarified that the addition to the Schedule shall be "deemed" to have been included since the coming into force of the Act and asked the Centre to formally notify the same.
The court took up the matter while hearing a public interest litigation filed by one Shaheen Malik, who brought the issue to the court after she underwent similar trauma as a victim herself.
She pointed out that section 326B of the Indian Penal Code (IPC), which is now replaced by section 124(2) of BNS specifically penalises the act of forcibly administering acid or attempting to administer acid with a minimum sentence of five years that can extend to 7 years....
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