(a) whether the Government has made/proposes to make it compulsory for display of licence/identity proof while purchasing of corrosive acids;
(b) if so, the details thereof and if not, the reasons therefor;
(c) the details of the measures developed to reduce unauthorised sale of acid in the country;
(d) whether the Government has set up the Central Victim Compensation Fund to treat victims of acid attacks on cashless basis; and
(e) if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HANSRAJ GANGARAM AHIR)
(a) to (c): In pursuance to the judgement of Hon’ble Supreme Court of India in the matter of Writ Petition (Crl.) No. 129 of 2006 Laxmi vs. U.O.I., draft Model Poison Rules 2013 were formulated by the Ministry of Home Affairs and the same were circulated to all State Governments/Union Territory Administrations though a Ministry of Home Affairs’ advisory which is available at www.mha.gov.in.
Vide the aforementioned communication, Ministry of Home Affairs had advised all States/ UTs to prepare Poison Rules and requested the following
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actions would need to be taken immediately in the State/UT, where rules to regulate sale of acid/corrosive substances are not operational, to regulate the existing sales, through wide publicity in the media including in local language:
i. Banning over the counter sale of acid/corrosives unless the seller maintains a logbook/register recording the sale of acid which will contain the details of the person(s) to whom acid(s) is/are sold and the quantity sold. The log/register shall also contain the address of the person to whom it is sold.
ii. A sale will be made only when the buyer produces a photo ID issued by the Government which also has the address of the person and proves that he/she is above 18 years of age.
iii. The logbook/register should also specify the reason/purpose for procuring acid.
iv. All stocks of acid must be declared by the seller with the concerned Sub-Divisional Magistrate (SDM) within 15 days and in case of undeclared stock of acid, it will be open to the concerned SubDivisional Magistrate to confiscate the stock and suitably impose a fine on such seller up to Rs. 50,000/-.
v. The concerned SDM may impose a fine up to Rs.50,000/- on any person who commits breach of any of the above directions. Educational institutions, research laboratories, hospitals, Government
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Departments and the departments of Public Sector Undertakings, which are required to keep and store acid/corrosive, shall maintain a register of usage of acid and the same shall be filed with the concerned SDM.
vi. A person shall be made accountable for the possession and safe keeping of acid in their premises. The acid shall be stored under the supervision of this person and there shall be compulsory checking of the students/ personnel leaving the laboratories/place of storage where acid is used.
‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India. The responsibilities to maintain law and order, protection of life and property of the citizens rest primarily with the respective State Governments. The State Governments are competent to deal with such offences under the extant provisions of laws.
(d) & (e): As per Section 357A of Cr.P.C., every State Government in Coordination with the Central Government shall prepare a victim compensation scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. All the State/Union Territories have notified victim compensation scheme in their respective State/UT. Under the Central Victim Compensation Fund (CVCF) scheme, financial assistance of
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Rs. 200 Crores, as one time grant, has been released to all the States/UTs in 2016-17 to support their respective State Victim Compensation Scheme. A
minimum compensation of Rs 3.00 lakh has been prescribed for victim of acid attack under this scheme. Ministry of Health and Family Welfare has also issued necessary instructions to all the States/UTs for providing free treatment to the acid attack victim including medicines, food, bedding and reconstructive surgeries. Further, under Prime Minister''s National Relief Fund, (PMNRF), Rs one lakh in addition to the compensation under State Victim Compensation Scheme, is also being provided by Prime Minister Office to the acid attack victim since 8-10-2016.
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