Supreme Court Calls 16-Year Delay in Acid Attack Case a ‘National Shame’

The Supreme Court of India has issued a sharply worded order addressing a shocking 16-year delay in an acid attack case pending in Delhi. Terming the prolonged pendency a “national shame,” the Court has directed all High Courts to furnish updated information on all pending acid attack trials within four weeks. The order emerged during the hearing of a PIL filed by acid attack survivor Shaheen Malik, whose own case registered in 2009 remains unresolved in a Rohini court.

Background of the Case

During the hearing before a Bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi, the Court expressed deep anguish over the systemic delays plaguing acid attack trials. The judges highlighted the disturbing fact that a survivor like Malik has waited 16 years for justice, calling such delays a mockery of the criminal justice system.

The Court emphasised that when such delays occur even in the national capital, they reflect a nationwide systemic failure. The Bench issued notices to the Central Government and the Department of Empowerment of Persons with Disabilities, seeking their responses on the issues raised.

Bench’s Observations: A Failure of Justice

The Bench did not mince words in criticising the institutional lapse.
The CJI remarked that if Delhi cannot effectively prosecute such grave offences, the situation elsewhere is likely far worse.

The Court advised Malik to formally submit an application explaining the reasons behind the long delay, indicating that it may consider taking suo motu action. It also directed the registries of all High Courts to disclose the number of pending acid attack cases nationwide, ensuring better monitoring and accountability.

Challenges Highlighted by the Survivor

During the proceedings, petitioner Shaheen Malik stressed the physical, emotional, and financial difficulties endured by acid attack survivors. Many survivors suffer permanent disfigurement, long-term medical complications, and in some cases require artificial feeding tubes. Malik urged the Court to recognise acid attack survivors as Persons with Disabilities, thereby allowing them access to welfare schemes and legal protections under the Rights of Persons with Disabilities (RPwD) Act.

Centre’s Response on Disability Status and Law Reform

The Supreme Court sought a detailed response from the Central Government on Malik's demand for disability recognition. Solicitor General Tushar Mehta assured the Court that the matter would be examined with "due seriousness" and emphasised that perpetrators of acid attacks should face harsh punishment.

The CJI further urged the government to consider amending the law—either through regular legislation or by promulgating an ordinance—to include acid attack survivors explicitly under the RPwD Act. The Court also suggested that acid attack cases should be tried before special courts to ensure speedy disposal.

Relevant Statutes Applicable to Acid Attack Cases

1. Indian Penal Code (IPC)

Section 326A – Acid Attack

Punishes causing permanent or partial damage, deformity, burns, maiming, or disfigurement by using acid with:
• Minimum 10 years imprisonment (extendable to life)
• Fine adequate to meet the medical expenses of the victim

Section 326B – Attempt to Throw Acid

Punishment: 5–7 years imprisonment + fine

2. Criminal Law (Amendment) Act, 2013

Acid attack offences were specifically inserted post the 2013 Nirbhaya reforms, making them non-bailable, cognizable, and prescribing stringent minimum punishments.

Constitutional Provisions Implicated

Article 14 – Equality Before Law

Long delays in trial violate equal protection of law, especially when the victim belongs to a vulnerable class.

Article 21 – Right to Life and Personal Liberty

The right to fair and timely trial, dignity, and rehabilitation are integral to Article 21.
Delays of 16 years amount to a violation of the survivor’s right to speedy justice.

Article 15(3) – Special Provisions for Women

Justifies special courts and legal protections for acid attack survivors, who are predominantly women.

Relevant Judicial Precedents

Laxmi v. Union of India (2013 & 2015)

The Supreme Court issued landmark directions on:
• Regulation of acid sale
• Minimum compensation of ₹3 lakh
• Free medical treatment
• Mandatory FIR registration
• Monitoring of investigations

This case forms the backbone of acid attack jurisprudence in India.

Parivartan Kendra v. Union of India (2016)

The Supreme Court reinforced compensation norms and held that states cannot evade their responsibility toward survivors. This judgment strengthened the requirements for medical, legal, and psychological support.

Delhi Domestic Workers Union v. Union of India (Right to Fair Trial Cases)

Reaffirmed that speedy trial is a fundamental right under Article 21.

State of Rajasthan v. Sanyam Lodha (2018)

The Supreme Court urged the establishment of fast-track courts for cases involving crimes against women, including acid attacks.

Statutes Related to Disability Recognition

Rights of Persons with Disabilities Act, 2016

Currently, acid attack survivors may be included under disability categories depending on the degree of impairment.
The Court’s observations suggest that legislators should explicitly recognise them as a separate category, ensuring:
• Reservation benefits
• Job security
• Monthly disability pensions
• Priority healthcare
• Educational support

Need for Special Courts and Institutional Reform

The Supreme Court's directive highlights the pressing need for:
• Dedicated special courts for crimes against women
• Time-bound trial mandates
• Judicial monitoring of pending cases
• State-wise evaluation of compensation disbursal
• Training of prosecutors handling acid attack cases

Systemic reform is essential to prevent survivors from waiting over a decade for justice.

Conclusion: A Call for Urgent Action

The Supreme Court’s strong remarks serve as a wake-up call for the justice system. The 16-year delay in the acid attack case is not just a procedural lapse; it is a failure of constitutional guarantees. Recognising survivors as persons with disabilities, creating special courts, and enforcing stricter timelines are crucial steps toward restoring faith in the system.

Justice delayed must no longer remain justice denied for India’s acid attack survivors.


Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

Image
  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...
Read more

Bill Gates Applauds India's 'Namo Drone Didi' Program: A Game-Changer in Rural Empowerment and Agri-Tech

Image
Microsoft Founder Bill Gates Lauds India’s Namo Drone Didi Program In a strong endorsement of India’s evolving rural development model, Microsoft founder Bill Gates has praised the Namo Drone Didi initiative, launched in 2023 by the Government of India. The program empowers rural women by training them to operate drones for agricultural purposes, thereby boosting productivity, reducing manual labor, and enhancing socio-economic inclusion. Gates shared a detailed video and blog highlighting his interaction with three "Drone Didis" from Bihar— Sangita Devi , Sumintra Devi , and Kajol Kumari —during his visit to Delhi last month. He applauded the initiative's early success and expressed optimism about its future scalability. What is the Namo Drone Didi Program? Launched under the vision of Prime Minister Narendra Modi, the Namo Drone Didi scheme is part of a broader strategy to promote women-led development and precision agriculture . It aims to provide 15,000 dro...
Read more

Flight Operations Disrupted Amid India-Pakistan Tensions: Air India and IndiGo Cancel Multiple Flights on May 13, 2025

Image
🔹 Flight Cancellations Announced by Air India On Tuesday, May 13, 2025 , Air India officially announced the cancellation of two-way flight operations to and from the following eight airports : Jammu Leh Jodhpur Amritsar Bhuj Jamnagar Chandigarh Rajkot The airline posted a statement on its official X (formerly Twitter) account, stating: "In view of the latest developments and keeping your safety in mind, flights to and from Jammu, Leh, Jodhpur, Amritsar, Bhuj, Jamnagar, Chandigarh and Rajkot are cancelled for Tuesday, 13th May." Air India further assured passengers that they are closely monitoring the situation and will provide timely updates as operations resume in the coming days. 🔹 IndiGo Follows with Six Airport Cancellations Following Air India's decision, IndiGo Airlines also issued a travel advisory cancelling its flight operations for May 13, 2025, at the following six airports : Jammu Amritsar Chandigarh Leh ...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more

Your Complete Online Guide to Land Records and Services in Bihar

Image
Introduction: The Shift Towards Digital Land Governance India’s land management system has traditionally relied on manual records maintained at local government offices. While foundational to governance and ownership, this manual system often led to bureaucratic delays, land disputes, and lack of transparency. Recognizing these issues, state governments across India have progressively adopted digital systems to make land-related services accessible, transparent, and efficient. Bihar Bhumi Portal: A Digital Leap in Land Management One of the leading examples of this digital transformation is Bihar’s Bihar Bhumi portal ( https://biharbhumilrc.com/ ), developed and maintained by the Revenue and Land Reforms Department of Bihar . The portal has become a centralized platform providing a wide range of land-related services to citizens, eliminating the need for in-person visits to land offices. Purpose and Vision The key objective behind launching the Bihar Bhumi portal was to empower...
Read more

Rights of a Arrested Person in India

Image
One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like. In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows: 1. Right To Silence "it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible. The Indian constitution guarantees e...
Read more

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Read more

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...
Read more

India vs Pressure: Why New Delhi Is Not Backing Down on Russian Oil Amid Global Scrutiny

Image
Trump's 'Good Step' or Geopolitical Misunderstanding? Former U.S. President Donald Trump’s recent comments have reignited international debate on India’s energy policy. Speaking to the media, Trump claimed that India may be halting purchases of Russian oil , calling it “a good step”—a statement that echoed earlier assertions made by U.S. Secretary of State Marco Rubio. But India’s Ministry of External Affairs (MEA) responded swiftly, clarifying that no such decision has been made , and reaffirming that India’s energy procurement is guided by national interest and market dynamics . The Background: What's Driving the Noise? On July 31, media reports (including Reuters) claimed that Indian state-owned refineries had suspended Russian oil purchases in response to narrowing discounts and U.S. tariff threats . This fueled speculation in Washington and beyond, culminating in Trump’s Friday remarks. Yet, according to senior Indian officials, this narrative is misleading ...
Read more

Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines

Image
Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines Background In a significant judgment, the Supreme Court of India has set out guidelines to curb arbitrary demolitions, commonly referred to as "bulldozer justice." This term has emerged from instances where properties of individuals accused of crimes have been demolished without following due legal process. The ruling responds to several petitions highlighting the destruction of residential and commercial properties without prior notice, which, according to petitioners, targets marginalized and minority communities. Key Principles Addressed The Supreme Court’s decision rests on critical constitutional principles, particularly the rule of law, separation of powers, and protection of individual rights . The Court emphasized that no person should be punished without due process and that arbitrary action by the executive undermines citizens’ trust in the justice system. Justice Gavai, in del...
Read more