By A Mirsab, TwoCircles.net,
New Delhi: In a remarkable judgment, the Supreme Court has ruled that compensation amount to the acid attack victim cannot be fixed and the respective state government can grant more after considering the grave injury suffered by the victim. The Apex Court has also asked private hospitals to ensure full treatment for such victims.
(File Photo)
On Monday, a divisional bench of Justices M.Y. Eqbal and C. Nagappan was hearing the petition filed by Parivartan Kendra, an NGO that highlighted the plight of the acid attack victims and lack of a legal guarantee to free medical care, rehabilitative services or adequate compensation under the Survivor Compensation Schemes.
The NGO presented the plight of two Dalit girls of Bihar, who were attacked around midnight on October 21, 2012 by four assailants who threw acid on the face and bodies of the girls while they were sleeping on their rooftops.
It claimed that victims’ family was given Rs 2.42 lakh from the Government of Bihar for the treatment of both, even though more than Rs 5 lakh had already been spent on their treatment, with the victims in need for more treatment.
After listening to the petition, the court asked Bihar government to pay a compensation of Rs 10 lakh to one victim and Rs 3 lakh to other victim, besides providing them free treatment including reconstruction surgery.
“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 lakh will not be of any help to such a victim,” the divisional bench quoted.
While taking into consideration the fact that enhancement of the compensation amount will be an additional burden on the State, the court said, “Prevention of such a crime is the responsibility of the State and the liability to pay the enhanced compensation will be of the State. “
Furthermore, the court directed State to bear upon itself full responsibility for the treatment and rehabilitation of the victims of acid attack.
In addition to this, the Supreme Court reiterated the norms it has already put forward in regards with the handling of cases of acid attack by the states and Union territories.
In a previous order, the court had issued directions including an order to all private hospitals across the country to provide free treatment, including medicines and expensive reconstruction surgeries, to such victims.
This time too, the court reiterated its previous order that had said, “In the event of any specific complaint against any private hospital or government hospital, the acid attack victim will, of course, be at liberty to take further action”.