The Supreme Court on Tuesday suggested that assets of acid attack perpetrators be attached as a means for providing compensation to victims of such crimes, observing that “extraordinary punitive” measures alone can ensure such actions are a “painful” experience for the accused as well.
Hearing a public interest litigation filed by a victim Shaheen Malik, who narrated the plight of victims, the court directed all states and union territories to conduct an audit of such victims within four weeks. It asked that the audit track status of trials, employment and marital status of victims, details of their treatment and rehabilitation schemes.
Following an order passed last month requiring high courts to provide details of pending acid attack trials, the court asked high courts to consider issuing directions to all district courts under them to complete trials expeditiously in a time-bound manner. Based on reports by 15 high courts, the court took note of the large pendency of cases in Uttar Pradesh (198 ), West Bengal (160), Gujarat (114), Bihar (68) and Maharashtra (58) .
The bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi said, “These are matters where doctrine of reformative theory has no place and one should be extremely harsh. Action has to be so painful for the accused for which some extraordinary punitive measures are required which lie beyond the letter of law.”
{{/usCountry}}The bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi said, “These are matters where doctrine of reformative theory has no place and one should be extremely harsh. Action has to be so painful for the accused for which some extraordinary punitive measures are required which lie beyond the letter of law.”
{{/usCountry}}Suggesting one such extraordinary step, the bench said, “If a person is found guilty of such an offence, why can’t all his immovable assets be attached and given to the victims towards compensation.” The process could begin at the time of arrest, when the police may be required to furnish details of the assets of the accused. “This can be presented along with the charge sheet to the court where a direction may be issued not to alienate it,” the court remarked.
Advocate Sija Nair, appearing for the petitioner, informed the court that in most cases of acid attacks, even the accused belong to lower strata of society.
The court told the Centre to consider changes in the law to ensure accused under this offence do not get away easily. “The Centre must think of some legislative intervention. The onus must shift to the accused and such crimes should be treated no less than dowry death.”
Additional solicitor general (ASG) Archana Pathak Dave assured the court on this front even as the bench said: “Let the Union government give its own suggestions on carving out an exception for punishment of acid attacks as an exception to the general sentencing policy. In addition, consider having a dedicated corpus for assisting such victims.”