What are the rights a person has under this law?

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] 

Survivors of acid attacks have the following rights under the law:

Right to Seek Medical Treatment

A survivor of an acid attack has the right to seek medical treatment in both government and private hospitals. The Supreme Court issued guidelines for acid attack crimes where they said that:

• No hospital or clinic can refuse to treat acid attack survivors citing the lack of specialized facilities.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))
• Government and private hospitals have to provide survivors with first-aid and medical treatment free of cost.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

The court has placed the responsibility for the treatment and rehabilitation of survivors on the state government.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [29].)) Additionally, it has expected states and union territories to take action against hospitals that refuse to treat acid attack survivors.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

Right to File a Complaint 

Acid attack survivors also have the right to file a complaint against the perpetrator. The complaint can also be filed by the survivor’s relative, friend or acquaintance, any person who has witnessed the crime, or any person who comes to know of the crime. To see a list of other persons who can file the complaint, see here.

Right to Compensation

Acid attack survivors have the right to seek compensation from the state government. The Victims Compensation Scheme(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.)) that was drafted by the National Legal Services Authority, was approved by the Supreme Court in 2018. It provides for mandatory compensation for survivors of acid attacks as well as sexual crimes including sexual assault, murder, kidnapping etc. Apart from compensation under this scheme, the survivor receives the fine amount that the perpetrator pays for committing the crime which is charged by the Court.(( Section 357B, Code of Criminal Procedure, 1973.))

Various state governments have formed Victim Compensation Schemes for acid attack survivors. Keeping in mind that there is a lack of uniformity in the state schemes, and the amount of compensation specified in most of these schemes is too low, the Supreme Court stated that:

• The minimum amount of Rupees 3 lakh must be provided by the state government to every survivor.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [13], [14].)) This is the minimum amount, and the state government can provide a higher amount, where necessary.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
• Any compensation amount must factor in not only the survivor’s physical injuries but also their inability to lead a full life.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
• The Chief Secretary/ Administrator of the state/UT concerned must ensure that this amount is paid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [14].))

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

Given below are the list of State Victim Compensation Schemes in India: