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Laxmi v. Union of India & Ors.

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 129 of 2006)Decided 10 Apr 2015
Writ Petition (Criminal) No. 129 of 2006
Justice Madan B. Lokur · Justice Uday Umesh Lalit

Background

This long-running writ petition was filed by an acid attack survivor seeking compensation, free medical treatment, and restrictions on the sale of acid. The Supreme Court had earlier (in its 2014 ruling in the same case, reported at (2014) 4 SCC 427) directed a minimum compensation of Rs. 3,00,000 per victim and free treatment at private and government hospitals, and had sought a status report from the Ministry of Home Affairs on compliance. This April 2015 order follows up on an affidavit filed by the Ministry after a coordination meeting of Central and State officials held on 14 March 2015.

Decision Breakdown

The Court noted that provisional 2014 figures showed 309 acid attacks nationwide (concentrated in Uttar Pradesh, Madhya Pradesh, Gujarat and Delhi), and that while a Victim Compensation Scheme had been notified in all States/UTs, the mandated minimum compensation of Rs. 3,00,000 per victim had still not been fixed everywhere. It directed the State Legal Services Authorities to follow up with State Governments to secure compliance, held that this amount was not financially burdensome for the States, and directed that private hospitals be compelled to give full free treatment (including medicines, food, bedding and reconstructive surgery) to acid attack victims, with the treating hospital required to issue a certificate confirming victim status. The Court also directed that acid-sale restrictions be notified within three months, and, rather than creating a new Criminal Injuries Compensation Board, held that the existing District Legal Services Authority (including the District Judge, District Magistrate, SP and Chief Medical Officer) would perform that function. The writ petition was disposed of in these terms.

Lesson Learnt

Acid attack survivors in India are legally entitled to a minimum of Rs. 3,00,000 compensation and free, complete treatment (not just emergency first aid) at both government and private hospitals, and no hospital may lawfully refuse them treatment.

Official source (sci.gov.in)View Judgment (PDF)

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