Supreme Court asks States, UTs to furnish details of schemes for treatment of acid attack survivors

The Supreme Court on Tuesday ordered all State governments and Union Territories to ascertain whether any schemes exist for providing medical treatment to acid attack survivors in government and private hospitals. [Acid Survivors Saahas Foundation (NGO) v. Union of India].

A Bench of Justices BV Nagarathna and Ujjal Bhuyan directed that the details of such schemes be furnished to the National Legal Services Authority (NALSA) and NGO Acid Survivors Saahas Foundation within two weeks.

If any such schemes are already in place, the same shall be brought on record, the Court said.

“We are conscious that acid attack survivors require medical treatment. Insofar as medical treatment of acid attack victims is concerned, it is not known whether the States/UTs have any particular scheme for their treatment, either in government hospitals or private hospitals,” the Court observed.

It added that the purpose of seeking such information was to ensure that appropriate schemes are put in place so that survivors are not deprived of timely medical assistance.

The Court also noted the statutory recognition of acid attack survivors under the disability law.

“We find that, in the Rights of Persons with Disabilities Act, 2016, acid attack victims are considered to be persons with physical disability in terms of clause (zc) of Section 2 of the said Act, which defines ‘specified disability’ to mean a disability specified in the Third Schedule.”

The Bench was hearing a public interest litigation (PIL) petition by the NGO seeking directions for effective implementation of measures for compensation and rehabilitation of acid attack survivors in light of the Supreme Court’s judgment in Laxmi v. Union of India.

During the hearing, counsel for NALSA pointed out that the Court had earlier directed States and UTs to disburse funds towards payment of compensation to acid attack victims.

“I filed a very elaborate affidavit showing the compensation that’s been paid over the past three years in the last hearing. Now that most affidavits have come, I will conduct this exercise afresh and place information on record. If lordships give me about six weeks' time, I will file a fresh affidavit, “ the counsel submitted.

However, Justice Nagarathna asked whether there exists any scheme to ensure free medical treatment for acid attack victims.

The counsel for the petitioner told the Court that States would now claim that schemes are in place. The real issue is whether such schemes actually reach the affected victims.

“Every State will stand up and say that schemes exist. They are there. But whether they are reaching the victims is the real issue. If it is possible to have a centralised system where survivors do not have to run around, and can even apply online and access funds, it would help,” the counsel for the petitioner submitted.

She pointed out instances where treatment was denied due to a lack of funds. In one case, a patient was sent back from the operation theatre for want of a deposit.

At this stage, Justice Ujjal Bhuyan pointed out that acid attack victims are recognised under the disability framework.

“Acid attack victims are included in the Schedule. Physical disability includes acid attack victims. Victims can be brought in,” Justice Bhuyan observed.

The counsel for the petitioner submitted that provisions exist under the Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

However, the difficulty lies in ensuring that such provisions actually reach the victims.

“Under the second order in Laxmi v. Union of India, NALSA and District Authorities were given that responsibility. Allow me to file effective directions,” the counsel submitted.

The Court thus directed the petitioner to place a set of suggestions before it by the next date of hearing.

The matter has been listed for further hearing on April 28.

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