MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)
(a) to (d) : A statement is laid on the Table of the House.
STATEMENT IN REPLY TO PARTS (a) to (d) OF THE LOK SABHA STARRED QUESTION NO. 500 FOR AUGUST 12, 2014
(a) & (b): As per data available the total number of cases registered on account of acid attacks for 2011, 2012 and 2013 including cases registered (CR), number of women victim (WMV), cases chargesheeted (CS), persons arrested (PAR), persons chargesheeted (PCS) is given in Annexure.
(c) to (d): Section 357A of the Code of Criminal Procedure (Cr. P.C.) stipulates that every State Government in consultation with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victims of sexual assault and other assault cases. Ministry of Home Affairs is overseeing the notification and implementation of Victim Compensation Scheme by the States / UTs. As per available information, except, Andhra Pradesh, Madhya Pradesh, Meghalaya, Nagaland, Telengana; all States and all Union Territories have notified their scheme. Copy of the notifications of States / UTs mentioning eligibility, procedure for grant of compensation, mode of payment, etc. are available in Ministry of Home Affairs website http://mha1.nic.in/par2013/Annex LSQNo203For220714.PDF.
Ministry of Home Affairs has recently issued an advisory “Measures to be taken to prevent acid attacks on people and for treatment and rehabilitation of survivors” on 30th August, 2013 arising from the directions of the Hon’ble Supreme Court in Writ Petition (Criminal) no. 129/2006, Laxmi vs Union of India and others to all States/UTs with the objective of regulating sale of acids and minimize the easy availability of acids. The advisory is available in Ministry of Home Affairs website http://www.mha.nic.in/sites/upload_files/ mha/files/AdvisoryAfterSupremeCourtOrderInLaxmCase_Short.pdf. As per the provisions of Poisons Act 1919, The Poisons Possession and Sale Rules, 2013 are to be
formulated and enforced by the States/UTs. The formulation of the rules is being monitored by Hon’ble Supreme Court directly. However, Ministry of Home Affairs is also pursuing the matter with the States / UTs to expedite the framing of the rules and take steps to effectively implement them and in the interim period take measures to implement the process as enumerated in the aforesaid advisory.
The President of India, on 2nd April, 2013, has consented to the Criminal Law (Amendment) Act 2013, which has come into force since 3rd Feb, 2013, on crimes against women. Specific provisions in the form of section 326A and 326B of the Indian Penal Code (IPC) have been inserted for cases of acid attacks Section 326A of IPC provides for a minimum 10 years imprisonment for the offence of causing hurt by acid attack, extendable to life, and with fine. The fine shall be just and reasonable to meet the medical expenses of treatment. Any fine levied under this section shall be given to the person on whom acid has been thrown or administered, which will be in addition to any compensation paid to the victim by the State Government under the Victim Compensation Scheme.
Section 326B provides a minimum punishment of five years, extendable to seven years and fine for attempt to throw or administer acid.
A new section 166B in the Indian Penal Code (IPC) has been inserted to provide for punishment upto one year, in case the hospitals (public or private) do not provide first aid or medical treatment, free of cost, to the victims of acid attack.
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