New Delhi, Jan. 27 -- Batting for "extraordinary" punitive measures for convicts in acid attack cases, the Supreme Court on Tuesday asked the Centre to consider amending the law to sternly deal with such cases on the lines of dowry death matters, where the onus of proving innocence lies on the accused.
The top court also asked all states and Union territories to provide a slew of information, including the year-wise details of the number of acid attack cases, their status in courts, besides the rehabilitation measures to support the victims.
A bench comprising Chief Justice Surya Kant and Justices R Mahadevan and Joymalya Bagchi asked states and UTs to provide information about the number of cases in which charge sheets are filed in trial courts.
The bench was hearing a PIL filed by Haryana-based Shaheen Malik, who herself is an acid attack survivor.
Besides various reliefs, she is seeking expansion of the definition of disabled persons under the law to ensure that the victims who suffered life-threatening damages to their internal organs due to forced ingestion of acid get adequate compensation and other reliefs, including medical care.
The bench referred to inadequate punishment handed down to the convicts of acid attack cases and said, "You have to take extra-ordinary punitive measures. unless the punishment is painful for the accused, such offences are hardly going to stop.reformative punishment theory has no place here.".
"Why can't assets of the accused be attached?" the CJI asked, adding that deterrence is needed and something like attaching the assets of the accused can be thought of to compensate victims.
The bench asked Additional Solicitor General Archana Pathak Dave, representing the Centre, that some legislative intervention might be necessary from the Centre to make the punishment stringent.
The CJI also suggested a reversal of onus of proof, like in dowry death cases. "Think of some legislative intervention.. this is not less serious than dowry death also," he said.
Issuing certain directions, the bench gave four weeks to states and UTs and asked them to provide information about the number of appeals filed in appellate courts, including high courts, in acid attack cases.
The bench asked them to also provide brief particulars of each victim, her academic qualification, employment and marital status and the medical treatment and the expenses incurred or to be incurred. It also asked states and UTs to provide details about the rehabilitation scheme for such victims.
The bench also asked them to provide details of the cases where victims are forced to ingest acid.
Appearing for the petitioner, the counsel informed the court that all accused in Malik's own case had been acquitted and she had filed a criminal appeal in the Delhi High Court challenging the acquittal.
Taking note of her circumstances, the bench offered legal aid assistance and said that she can be provided the services of the best lawyers of her choice.
Malik said she was 26 years when she suffered the acid attack and now she is 42 and still awaiting the closure of the criminal trial. She said she spent 16 valuable years of her life fighting the legal battle, only to see the assailants getting acquitted at the end.
She requested that the high court be asked to expeditiously decide the appeal filed by her.
Earlier, the bench had called for reports from all high courts regarding the pendency of acid attack cases.
Published by HT Digital Content Services with permission from Millennium Post.