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Legal Framework for Acid Attack: Issues and Concerns in India

Rajeev Kumar Singh

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Indian Journal of Law and Human Behavior 2(2):p 93-98, July - December 2016. | DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.2216.5

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Received : July 16, 2016         Accepted : July 23, 2016          Published : December 30, 2016

Abstract

Under the law, a woman means a female human being of any age. Our ordinary conception of a woman is a full grown female. In an old case decided by Bombay High court in 1912, it was held that the six year old girl is a women and later on in 1967, the Supreme Court in State of Punjab vs. Major Singh held that essence of a women’s modesty is her sex. Nevertheless from her birth, she possessed the modesty which is the attribute of her sex. In Madhu Kishwar vs. State of Bihar the Supreme Court of India opined that half of the Indian populations are women. Women have always been discriminated against and have suffered and are suffering discrimination silence. Self-sacrifice and Self-denial are their nobility and fortitude and yet they have been subjected to all inequities, indignities, and discrimination. Although women cover almost half of the population of the country yet they are the most disadvantaged group in our democratic set-up. They are not very much politically, socially and economically sound. A Latin maxim justitia non-novits patrem nec matrem, solam veritatem spectat justitia (justice knows neither father nor mother, but regards truth alone). In the present scenario the offences of sexual harassment and acid attacks on women’s are the most common and a heinous offence against them and it is treated as a social stigma too for them. So by this way the women’s who are the victims of such offences faced the two sided trauma i.e. physical as well as social too. So there is the need of proper implementation of laws and their rehabilitation and protection. This paper not only explains the legal provisions but also explains the various physical, sociological and psychological consequences which are generally faced by the victims of acid attack which makes their life worst. Efforts have been made to highlight the role of apex judiciary of India to deliver the real justice of acid attack victims. In the end of the paper the author had tried to give certain suggestions that might prove helpful in curtailing the perils of such attack.


References

  • 1.   Indian penal code, 1860
  • 2.   Criminal procedure code 1973
  • 3.   Criminal law (Amendment) Act 2013
  • 4.   Dr Myneni, S.R., Women and Law, Asia Law House, New Delhi, 1993.
  • 5.   Mamta Rao, Law Relating to Women and Children, Second Edition, 2008, p.53
  • 6.   P.M.Bakshi, The Contitutionof india, Universal Law Publishing CO. New Delhi-India, Eleventh Edition Updated Reprint: 2012, p.1
  • 7.   Dr.Nishant Singh, Indian Constitution and women, Omega publications, New Delhi, First Published 2011, p.32
  • 8.   M.P. JAIN, Indian Constitutional Law,Lexis Nexis Butterworths Wadhwa Nagpur, Sixth Edition Reprint 2012,p.1046. (2008) 3SCC 1 http://www. a c i d v i o l e n c e . o r g /u p l o a d s / f i l e s /V i r t u e _ Foundation_Combating-Acid-Violence-Report- 2011.pdf 9. http://www.trust.org/trustlaw/news/trustlawpoll-afghanistan-is-most-dangerous-country-forwomen 10. h t t p : / / w w w . u n i c e f . o r g / i n d i a / U n i t e d _ Nations_Secretary.doc.

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Licence:

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Received Accepted Published
July 16, 2016 July 23, 2016 December 30, 2016

DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.2216.5

Keywords

ConceptionAcid Attack;Modesty;DiscriminationHeinous OffenceVictim

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Received July 16, 2016
Accepted July 23, 2016
Published December 30, 2016

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Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.



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