Supreme Court asks Centre to consider ban or strict regulation of retail acid sales

The Supreme Court on Monday asked the Central government to consider whether the retail sale of acid should be completely prohibited or allowed only under stringent regulatory safeguards.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana issued the direction after being informed that acid remains easily available despite safeguards laid down by the Court in 2013. The Court also directed all States and Union Territories to frame rehabilitation schemes for acid-attack survivors and submit them on record within six weeks.

The court observed that the guidelines established in 2013 have largely become outdated and ignored. Addressing the central government, it called on the Union to develop a new scheme to strictly regulate the retail sale of acid in the market.

Senior Advocate Saurabh Kirpal told the Bench that volunteers had conducted a survey which found that acid could still be bought easily. He submitted that the application sought a ban on retail sales while permitting industrial sale, and argued that household cleaning products containing acid could be replaced with alternatives.

CJI Kant said the burden of devising regulation could not be placed on survivors. The Court sought the Centre’s view on acid manufacturing and the reasons for its continued easy availability.

Additional Solicitor General Aishwarya Bhati, appearing for the Union government, said that following the decision in Laxmi v. Union of India, the Centre issued an advisory and Model Rules for State governments. However, she submitted that States had neither constituted the required committees nor effectively implemented the rules.

The CJI suggested possible safeguards, including age restrictions, written declarations stating the purpose of purchase, and maintenance of purchaser records.

The Court also stressed the need for public awareness about immediate treatment for acid-attack survivors. It observed that NGOs could help develop awareness programmes for schools and colleges, including preventive measures, post-attack treatment and emergency protocols. The NGOs assisting the Court were permitted to submit suggestions for such curriculum within four weeks.

An acid-attack survivor urged the Court to impose a ban, stating that three acid attacks occur every day. She described the lasting psychological impact of an attack she suffered 17 years ago and asked the Court to act before more women were harmed.

CJI Kant assured her that the Court would pursue the matter to its logical conclusion.

Kirpal also raised concerns about victims of acid ingestion. Although acid ingestion has been recognised as a disability, he said victims face difficulty obtaining disability certificates because the existing assessment criteria focus largely on physical disfigurement.

Bhati informed the Court that the 2024 disability-assessment guidelines were being amended following the expanded definition that includes the administration of acid. She said the final draft was ready and under final examination.

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