WUNRN
INDIA - ACID ATTACKS - NEW LAW ON
PENALTIES & SALE OF ACID BUT VICTIMS NEED MORE SUPPORT
Survivors
are demanding free treatment or more compensation to pay for surgery that can
cost thousands
An acid attack survivor
tells her story at a protest against rape and violence against women in
India's
supreme court has announced a raft of orders to regulate the sale of
acid in an attempt to curb attacks on women.
Last week it ruled that acid should be sold only to people above 18 with
valid identity cards. Buyers will have to explain why they need the substance,
sales must be reported to the police, and, in the case of an attack, the
accused will not be granted bail. In addition, acid attack survivors will
receive 300,000 rupees (£3,300) from state governments.
The court,
which heard a public interest litigation filed in 2006 by Laxmi, 22, a
Delhi-based acid
attack survivor, gave the central and state governments three months to
implement the measures.
There are about
1,000 acid attacks in India each year. Until recently, there
was no separate legislation for such incidents, and data was not collated. But
the gang
rape of a student in New Delhi in December prompted the
government to look at strengthening laws on violence against women. It resulted
in an amendment to the penal code that made acid attacks a standalone offence.
The court set a minimum 10-year prison sentence and a maximum
of life for perpetrators.
The ruling is not retrospective, which means that women who were attacked
previously will not receive support. Other recommendations from survivors –
such as full medical treatment and assistance finding work – were not included
in the ruling.
Compensation to survivors is often insufficient as the multiple surgeries
many women require can cost up to £34,000. Activists say no government
officials spoke to any survivors or civil society organisations before
suggesting the compensation figure to the court. However, the real challenge
will be to implement the rules and train police officers to respond quickly to
such attacks.
The case of Rupa, 21, from Muzaffarnagar in Uttar Pradesh, illustrates the
challenges ahead and the ruling's shortcomings. She was attacked by her
stepmother in 2008.
"I was sleeping in my room after a day of back-breaking housework.
Suddenly, I felt searing pain in my face. I did not know what had hit me … I
ran out of the room, crying," says Rupa. Her father refused to take her to
the public health centre, and for the first six hours after the incident she
did not receive any first aid.
When the village chief heard about the incident, he informed Rupa's uncle,
who took her to a health centre. However, the facilities proved inadequate and
Rupa was taken to Safdarjung hospital, a government-run facility in
Rupa's uncle, who spent about £10,000 on her treatment, earns about £165 a
month and has a family of four to support. When he could no longer afford to
pay for further treatment he sent his niece back to the village.
"I am a burden on my uncle's family," says Rupa, who dropped out
of school. "If only the government had made my treatment free or had given
me compensation, I would not have to go back to those who don't want me."
Rupa's stepmother spent a year in prison and has been released on bail.
Most acid attack survivors are poor, and their families struggle to pay for
medical care. Specialised burns wards are located in urban areas, forcing
families to pay large amounts to travel to and stay in the nearest cities.
Things would have been different had the government taken note of
recommendations made by the National Commission for Women, a statutory body
dedicated to representing the rights of women.
In a draft
bill, prevention of offences
(by acids) act 2008 (pdf), the commission suggested: setting up a national
acid attack survivors assistance board to ensure they receive adequate medical
treatment and psychological counselling; providing legal support services; and
formulating rehabilitation schemes and insurance cover. It also recommended
establishing a national assistance fund.
The
recommendations were sent to the ministry of women and child development, but
so far they have not been adopted. It is hardly surprising, then, that many
acid attack survivors regard the court order as only a partial victory. Archana
Kumari, who was attacked with acid in 2008, reportedly said the
ruling rubbed "salt on the wounds",
rather than healed them.