SUMMERY OF THE SUPREME COURT OF
INDIA O R D E R
The provisional figures for 2014
indicate that there were 282 acid attacks in all the States. The majority of
acid attacks were in the States of Uttar Pradesh (185), Madhya Pradesh (53) and
Gujarat (11)… U.T. Delhi 27.
In spite of the directions given
by the Court in Laxmi Vs. Union of India [(2014) 4 SCC 427], the minimum
compensation of Rs.3,00,000/- (Rupees three lakhs only) per acid attack victim
has not been fixed in some of the States/Union Territories. The Court suggested
that the Member Secretary of the State Legal Services Authority should take up
the issue with the State Government so that the orders passed by the Court are
complied with and a minimum of Rs.3,00,000/- (Rupees three lakhs only) is made available
to each victim of acid attack.
Court also directed that the
Member Secretary of the State Legal Services Authority to obtain a copy of the
Victim Compensation Scheme from the concerned State/Union Territory and to give
it wide and adequate publicity in the State/Union Territory so that each acid
attack victim in the States/Union Territories can take the benefit of the
Victim Compensation Scheme.
Court also issued a direction
that the hospital, where the victim of an acid attack is first treated, should give
a certificate that the individual is a victim of an acid attack. This certificate
can be utilized by the victim for treatment and reconstructive surgeries or any
other scheme that the victim may be entitled to with the State Government or
the Union Territory, as the case may be. In the event of any specific complaint
against any private hospital or government hospital, the acid attack victim is
at liberty to take further action.
With regard to the banning of
sale of acid across the counter, Court directed
that the Secretary in the Ministry of Home Affairs and Secretary in the
Ministry of Health and Family Welfare to take up the matter with the State Governments/Union
Territories to ensure that an appropriate notification to this effect is issued
within a period of three months from the date of this Court order.
Therefore, in case of any
compensation claim made by any acid attack victim, the matter would be taken up
by the District Legal Services Authority, which would include the District
Judge and such other co-opted persons who the District Judge feels would be of assistance.
This body would function as the Criminal Injuries Compensation Board for all
purposes.
The Court also directed that a copy
of this order be sent to learned counsel appearing for the Secretary in the
Ministry of Home Affairs and the Secretary in the Ministry of Health and Family
Welfare for onward transmission and compliance to the Chief Secretary or their
counterparts in all the States and Union Territories. The Chief Secretary would
ensure that the order is sent to all the District Magistrates and due publicity
is given to the order of the Court.
The Court also directed that a copy of this order should also be sent to the Member
Secretary of NALSA for onward transmission and compliance to the Member
Secretary of the State Legal Services Authority in all the States and Union Territories.
The Member Secretary of the State Legal Services Authority would ensure that it
is forwarded to the Member Secretary of each District Legal Services Authority
who will ensure that due publicity is given to the order of the Court.
[Reference:
WRIT PETITION (CRL.)NO.129 OF 2006 LAXMI
...PETITIONER V/S UNION OF INDIA &
ORS. ...RESPONDENTS order dated APRIL
10, 2015].
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ALSO VISIT MY FOLLOWING BLOGS/WEBSITE:
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publiccause.manjaly.net
https://www.facebook.com/afraudintheindianconstitution?ref=aymt_homepage_panel
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