Acid Attack Victims Included Under the RPwD Act
Context:
Recently, The Supreme Court of India, in a recent judgment, expanded the definition of “acid attack victims” under the Rights of Persons with Disabilities (RPwD) Act, 2016. Earlier, the Act only recognised victims of acid throwing. It did not explicitly include victims who were forcibly made to ingest acid.
Key Judgment:
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- A Bench led by the Chief Justice of India held that:
- Survivors of forcible ingestion of acid must also be included within the definition of “acid attack victims”.
- Survivors of forcible ingestion of acid must also be included within the definition of “acid attack victims”.
- This interpretation will apply retrospectively from the inception of the Act (2016).
- The expansion was made using the Supreme Court’s powers under Article 142 of the Constitution (to ensure complete justice).
- A Bench led by the Chief Justice of India held that:
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Legal and Constitutional Basis:
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- Article 142: Empowers the Supreme Court to pass orders necessary for doing complete justice.
- The Court stepped in as the statutory schedule had not yet been formally amended by the government.
- Article 142: Empowers the Supreme Court to pass orders necessary for doing complete justice.
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Government Stand:
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- The Union Government informed the Court that:
- The concerned Ministry has already proposed an amendment to include such victims.
- The concerned Ministry has already proposed an amendment to include such victims.
- However, the Court proceed:ed without waiting for legislative action.
- The Union Government informed the Court that:
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Significance of the Judgment:
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- Under the Rights of Persons with Disabilities (RPwD) Act, 2016, survivors of forcible acid ingestion are now formally recognised as persons with disabilities. This recognition ensures that they are included within the legal framework of disability rights, allowing them to be treated with dignity and provided necessary support rather than being left outside the system of protection.
- As a result, such survivors become eligible for disability certificates, which open access to financial assistance, healthcare, and rehabilitation services. The Court also highlighted the gender justice dimension, noting that most victims are women, thereby linking the issue to gender-based violence. Overall, this approach reflects a broader human rights perspective focused on rehabilitation, social security, and restoring dignity for survivors.
- Under the Rights of Persons with Disabilities (RPwD) Act, 2016, survivors of forcible acid ingestion are now formally recognised as persons with disabilities. This recognition ensures that they are included within the legal framework of disability rights, allowing them to be treated with dignity and provided necessary support rather than being left outside the system of protection.
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About RPwD Act, 2016:
The Rights of Persons with Disabilities Act, 2016 replaced the 1995 Act to align with the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
Key Features:
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- Expanded disability categories from 7 to 21, including acid attack survivors.
- 4% reservation in government jobs and 5% in higher education.
- Emphasis on non-discrimination, dignity, and equality.
- Mandates accessibility in public infrastructure and ICT.
- Establishes grievance redressal authorities at central and state levels.
- Expanded disability categories from 7 to 21, including acid attack survivors.
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Conclusion:
The Supreme Court’s ruling is a significant step in strengthening disability rights and victim protection in India. It reflects a progressive interpretation of law, ensuring that legal protection keeps pace with the evolving nature of crimes and their impact on survivors.
