The throwing of acid in the face of a woman is a worldwide phenomenon, but it is more severe in South Asia. There are a lot of women victims who are still in their younger ages when they are attacked with acid.
The aim of acid attacks, in which acid is thrown against the body and face, is to permanently maim rather than to kill. As the skin tissue burns and melts, the skin on the face is severely damaged; the healing process, which typically entails multiple surgeries and skin grafts, is expensive and time-consuming; at best, the victims are still markedly disfigured, blinded, or disabled; all of these outcomes cause severe physical and psychological trauma in a predominately female population.
The use of acidic chemicals, a unique and terribly damaging tool in the hands of perpetrators of violence against women, is a growing concern in South Asia. The primary cause of the attacks is gendered by nature: perpetrators of acid attacks are typically males who believe that women have deceived them, frequently due to rejections of interest or love proposals, dowry disputes, resentment over divorce, or even jealousy over affairs or neglect.
Additionally, acid is readily available in commercial form at open markets where it is sold alongside everyday necessities. The attacks are meant to reduce a woman from her useful place in society to that of a disfigured social outcast, acting as a permanent marking of retaliation. Further, despite laws prohibiting attacks, many people and officials believe that the attacks were justified or even warranted, and as a result, assailants are frequently not held accountable (Yi, 2015).
The Pakistani Government officially acknowledged acid attacks as a separate crime in 2011. On December 12, 2011, the Pakistani Senate unanimously passed the Acid Control and Acid Crime Prevention Act of 2010, which first had gone through the National Assembly, to criminalize acid attacks. On December 26, 2011, the President of Pakistan approved the Act, to become the Criminal Law (Second Amendment) Act, 2011 which goes further than an earlier version of the Act by sentencing convicted attackers to jail for their entire life, or for an imprisonment range with a set minimum of 14 years and a fine of Rs 1,000,000.
However, it could be seen that there are many commonalities between the two laws. Firstly, in acid crimes law of both India and Pakistan the seller of the corrosive material is also penalized. In the case of India, sulphuric, hydrochloric, and nitric acid is usually thrown at the girls. Second, the definition of hurt is also defined in similar words in both the acid crimes in Pakistan and India.
In this piece, the legislation for the crime of acid throwing in Pakistan is discussed, secondly, a comparison has been made of the legislation in Pakistan and India to get a broader understanding of the problem. Under the Acid control and Acid Crime Prevention Act of 2011, Pakistan the definition of being hurt has been explained. Under the act of 2011, the word hurt has been defined as, “Hurt by dangerous means or substance, including any corrosive substance or acid, to be crimes”. The punishment for the perpetrators has been added to the Pakistan Penal Code and Code of Criminal Procedure under Section 336-B. Under Section 336-B of the Pakistan Penal code, punishment for offenders can extend up to life imprisonment, along with a fine, which may not be less than Rs 500,000.
Moreover, the punishment for the sellers of corrosive material was also defined under the act of 2011. On first conviction, imprisonment of one year or a fine of a hundred thousand rupees or both. On second and subsequent conviction, imprisonment of two years or a fine of two hundred thousand or both (GOP).In
India, Section 326B of the Indian Penal Code deals with voluntarily throwing or attempting to throw acid with the intention to cause harm. The person will be punished with a minimum imprisonment of five years which can be extended up to seven years and a fine. Section 326A of the Indian Penal Code deals with voluntary causing permanent or partial damage, deformity, disfigures, burns, or disables by use of acid. The minimum punishment under this section is imprisonment for 10 years, which may be extended to imprisonment for life and fine, which should be as per the victim’s medical expenses. Provisions were added to the Indian Penal Code for this issue through the Criminal Law (Amendment) Act, 2013.
In this, Explanation 1 of Section 326B defines an acid as “Any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.” These days sulphuric, hydrochloric, and nitric acid are easily available in the market. The local administration monitors the sale or purchase of acids, and any illegal activity is a non-bailable offense. Pakistan took precedence from India to initiate the legislation against acid crimes in 2011. Later on, India passed the Control of Acid Crimes Act in 2013.
However, it could be seen that there are many commonalities between the two laws. Firstly, in acid crimes law of both India and Pakistan the seller of the corrosive material is also penalized. In the case of India, sulphuric, hydrochloric, and nitric acid is usually thrown at the girls. Second, the definition of hurt is also defined in similar words in both the acid crimes in Pakistan and India.
The words such as disability, disfigurement, and bodily injury have been used in the acid crimes laws of both India and Pakistan. Thirdly, The punishment for the perpetrator of the crime is also similar in both India and Pakistan. It mostly involves life imprisonment and fine on the perpetrator. In this manner, it could be concluded that the acid crime laws are being made by both India and Pakistan.
