Hearing Delhi case, SC directs Centre to revisit acid sale policy

New DelhiThe Supreme Court on Tuesday directed the Centre to revisit its policy on regulating the open sale of acid over rising cases of acid attacks, and sought by November 23 an affidavit on the reasons that make open sale indispensable

New Delhi

The bench was dealing with a petition exposing the lack of rehabilitative measures for survivors, in connection with an incident in Delhi, wherein a victim was reportedly forced to approach several government hospitals for treatment. (HT Archive)

The Supreme Court on Tuesday directed the Centre to revisit its policy on regulating the open sale of acid over rising cases of acid attacks, and sought by November 23 an affidavit on the reasons that make open sale indispensable.

“You can identify the purposes for which sale of acid is necessitated and then suggest measures to be implemented by states. We can direct them to either maintain a stock record or impose restrictions on its supply to hospitals, offices, etc in order to prevent its misuse,” the bench of Chief Justice of India Surya Kant, also comprising justices Joymalya Bagchi and V Mohana, said.

The bench was dealing with a petition exposing the lack of rehabilitative measures for survivors, in connection with an incident in Delhi, wherein a victim was reportedly forced to approach several government hospitals for treatment, despite stringent guidelines on the matter.

A 24-year-old woman suffered serious burn injuries to her face and other parts of her body after a 41-year-old man, who had been stalking her for the past six months, allegedly threw a corrosive liquid on her on a street near Ghonda Chowk in northeast Delhi’s Bhajanpura on October 6.

The Centre, represented by additional solicitor general (ASG) Archana Pathak Dave, pointed out that the sale of acid being a State subject, the Union government had circulated detailed guidelines in this regard to the concerned state governments. However, she said that implementation was lacking on the part of the states.

The bench said, “If despite your guidelines, such incidents are on the rise, this itself will give you reason to revisit your policy as it is clear your guidelines are not effective on ground.”

The court also entertained applications by organisations working for the rehabilitation of acid attack survivors complaining about the lack of a uniform rehabilitation scheme for acid attack survivors. The applications were filed in a PIL filed by Shaheen Malik, an acid attack victim, who provides support for survivors.

On October 9, Malik brought the case of a Delhi woman before the top court who was allegedly denied treatment by Sir Ganga Ram Hospital. She pointed out that under directions issued by the court in past judgments, private hospitals are bound to provide treatment to acid attack victims.

Section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) stipulates that all hospitals, whether public or private, run by the central government, state government, local bodies, or any other person, shall immediately provide first aid medical treatment, free of cost, to acid attack victims.

Sir Ganga Ram Hospital was directed to admit the patient, provide all treatment and forward the bill to the court. The hospital management informed the court on Tuesday that the treatment of the victim is still continuing.