Include acid attack victims in disability list, Supreme Court’s post-Laxmi jurisprudence

In what could be considered as post-Laxmi jurisprudence, the Supreme Court yesterday directed all States and Union Territories to include acid attack victims in the disability list..This direction was issued by a Division Bench comprising Justice MY Eqbal and C Nagappan in the case concerning acid attack on two sisters in Bihar..The court was hearing a writ petition filed by NGO Parivartan Kendra highlighting the plight of the acid attack victims and the inadequacy of the compensation payable to the victims as per the orders of the Apex Court in Laxmi v. Union of India..Parivartan Kendra had highlighted the lack of a legal guarantee to free medical care, rehabilitative services or adequate compensation under the Survivor Compensation Schemes. Beside these, the petitioner had also highlighted the plight of two dalit girls from Bihar, who were attacked by four assailants who threw acid on them while they were sleeping..Things got worse for the girls as they were allegedly mistreated by the hospital staff and doctors in Patna due to caste. The government of Bihar had extended them a compensation of Rs. 2.4 lakh..The Supreme Court after hearing the petitioner’s arguments reiterated that the compensation of Rs. 3 lakhs as provided in Laxmi’s case is only a minimum amount and the government can provide enhanced compensation. The Court also observed that enhancement of compensation will also coerce the government into implementing the guidelines relating to acid attacks properly so that such crimes are reduced..“The Guidelines issued by orders in the Laxmi’s case are proper, except with respect to the compensation amount. We just need to ensure that these guidelines are implemented properly. Keeping in view the impact of acid attack on the victim on his social, economical and personal life, we need to enhance the amount of compensation. We cannot be oblivious of the fact that the victim of acid attack requires permanent treatment for the damaged skin. .The mere amount of Rs. 3 lakhs will not be of any help to such a victim. We are conscious of the fact that enhancement of the compensation amount will be an additional burden on the State. But prevention of such a crime is the responsibility of the State and the liability to pay the enhanced compensation will be of the State. The enhancement of the compensation will act in two ways:- .1. It will help the victim in rehabilitation;.2. It will also make the State to implement the guidelines properly as the State will try to comply with it in its true spirit so that the crime of acid attack can be prevented in future.”.The Court, therefore fixed the compensation to be given to one victim at Rs. 10 lakh and the second who suffered less grievous injuries at Rs. 3 lakh. Out of the total amount of Rs. 13 Lakhs, Rs. 5 lakhs is to be paid to the victim and her family within a period of one month and the remaining sum of Rs. 8 lakhs is to be paid within a period of three months from the date of the judgment..Further, the Court also directed the State to take upon itself full responsibility for the treatment and rehabilitation of the victims of acid attack as per the Guidelines provided in Laxmi’s case..Most importantly, the court in the last paragraph of its judgment directed that all States and Union Territories should consider the plight of acid attack victims and take appropriate steps with regard to inclusion of their names under the disability list..Image taken from here.