ACID ATTACK SURVIVORS UNDER RPwD ACT, 2016

NEWS: The Rights of Persons with Disabilities Act, 2016 (RPwD Act) earlier recognised only acid attack victims (acid throwing cases).

CONTEXT

• It did not include victims of forcible acid ingestion within its definition.
• The Supreme Court of India has now expanded this definition.

Supreme Court Ruling

• The Court held that victims of forcible acid ingestion will be treated as “acid attack victims” under the RPwD Act.
• The ruling ensures equal legal recognition and protection for both categories of victims.
• The decision was delivered by a Bench led by Surya Kant and Joymalya Bagchi.

Retrospective Application of the Judgment

• The Court declared that the inclusion will be effective retrospectively from 2016 (when the Act came into force).
• This means: Past victims of forcible ingestion can also claim benefits under the Act.

Legal Basis and Interpretation

Earlier Legal Position

• Acid throwing and, Forcible administration of acid are punishable offences (grievous hurt with severe penalties).
• However, the RPwD Act only recognised acid throwing victims, creating a legal gap.

Supreme Court’s Interpretation

• The Court expanded the definition through judicial interpretation to ensure justice and equality.
• It used its extraordinary powers under Article 142 of the Indian Constitution to provide immediate relief

Role of Government and Amendment Process

• The Government had already initiated steps to amend the Schedule of the RPwD Act.
• However, the Court did not wait for legislative changes and instead granted immediate relief through judicial intervention.

Need for Policy Framework

• The Court suggested creating a comprehensive policy for acid attack survivors.
• Key needs include: Long-term medical treatment, Rehabilitation and social reintegration, Financial assistance and protection measures

Significance of the Judgment

• Closes a legal loophole in disability recognition.
• Ensures equal protection for all acid attack survivors.
• Demonstrates the active role of judiciary in protecting vulnerable groups.
• Strengthens the rights-based approach to disability and victim protection.