‘Policy has miserably failed’: Supreme Court slams Centre over acid attacks despite sale ban

New Delhi: The Supreme Court on Tuesday expressed concern over continuing incidents of acid attacks in the country, saying that merely issuing circulars in “compassionate and passionate language” to ban the sale of acid would not be enough to prevent such crimes.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the Centre must ensure that states effectively implement its guidelines prohibiting the retail sale of acid.

Despite the guidelines, acid attacks continue to take place, indicating shortcomings in their implementation, the Bench observed.

“Despite your guidelines (banning retail sale of acid), unfortunate incidents are taking place. That means there is some fault and your guidelines have not been able to achieve the object. That itself is a good ground for you to revisit the entire issue,” the court said orally.

The judges said the Centre could not consider its responsibility fulfilled merely by issuing guidelines and leaving their implementation to the states.

The Bench noted that several loopholes were being exploited and stressed the need for coordination between the Centre and state governments to address the problem.

“Show us a single circular you have issued to a state seeking an explanation of how, despite your guidelines, incidents have taken place in the state? Where is the accountability of officers of enforcement agencies there?” the court asked.

It added that issuing circulars with compassionate language and directions would not serve the purpose without effective enforcement.

Acknowledging the federal structure, the Bench said the Centre would nevertheless have to share responsibility for ensuring compliance with its guidelines.

“If incidents are rising, that means the policy has miserably failed,” the judges observed.

Additional Solicitor General Archana Pathak Dave, appearing for the Centre, submitted that detailed guidelines prohibiting the retail sale of acid had been circulated to states. Although states had framed rules, their implementation remained weak, she said.

The Supreme Court directed the Centre to file an affidavit outlining the measures that need to be implemented to prevent the misuse of acid, which remains freely available in the market.

The court had earlier flagged an “alarming increase” in what it described as “barbaric” acid attacks. It had suggested that the Centre consider increasing the punishment for such offences and shifting the burden of proof to the accused to establish that they were not guilty.

The proceedings arose from a public interest litigation filed by acid attack survivor Shaheen Malik, who has sought recognition of acid attack victims as persons with disabilities to ensure their access to welfare schemes.

PTI