Delhi High Court declines to order complete ban on sale of acid; calls for stringent penalty on illegal sale

The Delhi High Court on Thursday refused to impose a complete ban on over-the-counter sale of acid in retail stores in the national capital [Shaheen Malik v. State of GNCTD Through Principal Secretary & Ors]..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that a total ban on the acid sale could have unintended consequences, affecting sectors where acid is responsibly and safely utilized.“Therefore, striking a balance between public safety and the legitimate uses of acid for industrial and other regulated purposes is crucial. Acid serves various legitimate uses and applications in different industries, and a blanket prohibition could inadvertently affect businesses and individuals who require it for lawful purposes,” the order said..The Bench was dealing with a plea filed by an acid attack survivor named Shaheen Malik seeking a ban on the over-the-counter sale of acid. Malik also sought repeal of the amendment to the Delhi Poisons Possession and Sale Rules, 2015, which permit sale of acid in licensed stores..While the Court refused to order a blanket ban, it said that the State must focus on stringent implementation of the existing rules and regulations governing the sale of acid. The government has been ordered to take swift and decisive action against the offenders in case of violation of the Rules.“By imposing strict penalties on those found to be involved in the illegal sale or misuse of acid, the State authorities can create a deterrent effect and encourage compliance with the Rules. Through strict regulation and monitoring of sale by the law enforcement agencies, the likelihood of occurrence of acid attacks can be significantly reduced. Adopting such a proactive approach will send a clear message that perpetrators will face consequences for their actions.”The Court further directed the Delhi government to conduct a comprehensive empirical study to assess the potential consequences of a complete ban on acid sale on various sectors, individuals, and businesses.“The study should analyse the historical data on acid-related incidents and also examine the effectiveness of past regulations and their impact on reducing incidence of acid attacks. This enquiry should also explore alternative measures to enhance public safety, in the event a total prohibition is found inviable. For these purposes, engagement with various stakeholders, including advocacy groups, industry representatives, legal experts and medical professionals can provide valuable insights. Based on the findings of the empirical study, GNCTD can analyse and identify any gaps or shortcomings in the existing regulatory scheme and take a well-informed decision.”.The Bench added that its decision should not be construed as a complete closure of the debate on the issue, and tjat the petitioner can approach the Court again if the breach of the regulations continue. It also expressed its appreciation of the work done by the petitioner in aiding and rehabilitating other acid attack survivors.“It is our hope that the GNCTD and the Delhi Police will approach this matter with utmost seriousness and will demonstrate a vigilant and decisive approach in strict implementation of the provisions of law. The material enclosed with the petition will be carefully scrutinized by them to assess the gravity of the ground situation while implementing the afore-noted directions.”.Advocate Anuj Kapoor appeared for the petitioner.The Delhi government was represented through its Standing Counsel Santosh Kumar Tripathi as well as Advocates Arun Panwar, Kartik Sharma and Utkarsh Singh. .[Read Order]