Acid Attack Survivors Receive Legal Recognition Under Disability Law
In a significant legal development, the Government of India has informed the Supreme Court of a crucial amendment to the Rights of Persons with Disabilities Act, 2016. This amendment extends legal protections and benefits to acid attack survivors who suffer internal injuries without visible external disfigurement, an issue brought to light in the case of Shaheen Malik v. Union of India.
Judicial Interpretation and Government Action
The Supreme Court, led by a bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, had previously ruled in May that the 2016 Act should encompass acid attack survivors with internal injuries. The Court emphasized that the term “acid attack victims” must include those who have suffered internal harm, even if there is no external disfigurement. This ruling necessitated a formal notification by the Central government to amend the relevant Schedule of the 2016 Act.
On May 22, the Central government issued this notification through the Ministry of Social Justice and Empowerment, specifically the Department of Empowerment of Persons with Disabilities, clarifying this inclusion. Solicitor General of India, Tushar Mehta, confirmed the notification, which retroactively applies from the inception of the 2016 Act.
Implications of the Amendment
The Court asserted that this amendment is clarificatory in nature, meaning it is intended to have been effective from the original date of the Act coming into force. This ensures that survivors are recognized under the Disabilities Act, receiving all corresponding protections and benefits from the outset.
Broader Impact and Future Considerations
The litigation, initiated by acid attack survivor Shaheen Malik, highlighted the systemic issues faced by victims, including delays in legal processes and insufficient rehabilitation measures. The Supreme Court has been actively involved in addressing these concerns, suggesting measures such as stricter consequences for perpetrators and accountability for those selling acid unlawfully.
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Earlier this year, the Court recommended severe penalties for acid attacks and held discussions on depriving attackers of their assets as a deterrent. Furthermore, it has proposed that shopkeepers selling acid inappropriately face legal repercussions.
This legal amendment marks a pivotal step in reforming India’s approach to acid attacks, ensuring comprehensive support for survivors and reinforcing the country’s commitment to upholding the rights of persons with disabilities.
