Laxmi v. Union of India & Others
Bench: Division Bench — 2 Judges (R.M. Lodha CJ & Pinaki Chandra Ghose J)
Parties
Facts of the Case
Laxmi, an acid attack survivor who had been attacked at age 15 in Delhi, filed a PIL before the Supreme Court seeking: (1) regulation of the sale of acid (which was freely available over the counter); (2) minimum compensation for acid attack survivors; and (3) appropriate recognition of acid attacks as serious crimes. The case came as acid attacks — predominantly against women who refused advances, marriage proposals, or men seeking 'revenge' — were increasing in India. The Criminal Law Amendment Act 2013 had by then introduced Sections 326A and 326B IPC specifically for acid attacks.
Legal Issues Before the Court
- 1How should the sale of acid be regulated to prevent its use in attacks?
- 2What compensation is owed to acid attack survivors — and who must provide it?
- 3What obligations do States have for the rehabilitation and medical treatment of acid attack survivors?
The Judgment
The Supreme Court issued comprehensive directions: (1) acid can only be sold over the counter to persons above 18 years of age with a valid photo identity document — purchasers must state the purpose; (2) sellers must maintain a register of all acid sales; (3) sub-district magistrates must maintain a register of acid sellers; (4) minimum compensation of Rs. 3 lakh must be paid to acid attack victims by the State government (within 15 days); (5) all government hospitals must provide free treatment (including plastic surgery) to acid attack survivors without demanding payment upfront.
Key Principles Laid Down
ACID SALE REGULATION IS CONSTITUTIONALLY MANDATED: Unregulated sale of acid — when freely available at general stores — enables acid attacks which are crimes of extreme cruelty violating Article 21 of victims. The State has a positive obligation under Article 21 to regulate acid sale to prevent foreseeable harm.
MINIMUM COMPENSATION FROM STATE — ARTICLE 21 OBLIGATION: When a crime causes grievous injury in violation of the victim's right to life and dignity under Article 21, the State has an obligation to provide minimum compensation — even if the attacker cannot be traced or is insolvent. Article 21 imposes positive obligations on the State.
FREE MEDICAL TREATMENT AT GOVERNMENT HOSPITALS: Article 21's right to health obligates the State to ensure acid attack survivors receive immediate, free, and complete medical treatment at government hospitals — including plastic surgery and long-term rehabilitation.
IPC SECTIONS 326A AND 326B / BNS SECTIONS 124 AND 125: The Criminal Law Amendment Act 2013 introduced dedicated acid attack provisions. Section 326A IPC (BNS 124) covers voluntarily causing grievous hurt by acid — minimum 10 years' imprisonment up to life. Section 326B IPC (BNS 125) covers throwing acid — minimum 5 years.
ACID ATTACK AS HATE CRIME AGAINST WOMEN: The Court's directions implicitly recognised acid attacks as a form of gendered violence — predominantly carried out by men against women who refuse romantic or sexual advances. The regulatory framework addresses the social context as well as the crime.
Impact on Indian Law
Laxmi (2014) created the regulatory and compensation framework for acid attacks in India — a framework that operates alongside the IPC/BNS provisions for the crime itself. The acid sale regulations have been partially implemented across States. The minimum compensation scheme has been critical for survivors who face severe medical costs and social stigma. The case is cited in all acid attack victim compensation cases and in challenges to States' failures to implement the regulatory directions.
Frequently Asked Questions
What are the Supreme Court's directions on acid sale regulation from Laxmi (2014)?
Laxmi (2014) directed: (1) acid can only be sold to persons above 18 with valid photo ID, stating the purpose; (2) sellers must maintain registers of all sales; (3) sub-district magistrates must maintain registers of acid sellers; (4) unlicensed sale of acid is prohibited; (5) State governments must provide minimum Rs. 3 lakh compensation to acid attack victims within 15 days; (6) government hospitals must provide free treatment and surgery without demanding upfront payment.
What is the punishment for acid attack under IPC/BNS?
Under IPC Section 326A (BNS Section 124), voluntarily causing grievous hurt by acid carries a minimum 10 years' imprisonment which may extend to life, plus fine (at least Rs. 10 lakh, going to the victim). Under IPC Section 326B (BNS Section 125), voluntarily throwing or attempting to throw acid carries a minimum 5 years up to 7 years, plus fine.