Can We Pass the Acid Test?

A Victim, a Survivor & a   Landmark Verdict

Can we pass the acid test?

Alighting at the Bandra train terminus in 2013, a spring in her step and eyes full of dreams of a fulfilling career  Preeti Rathi’ may never have dreamt that in a few seconds the stardust would blow away and herald a horrendous, horrifying and fatal nightmare for her. Her attacker Ankur Panwar stepped off the same train and hurled 2 litres of sulphuric acid  maiming and disfiguring her beautiful visage. She struggled agonizingly for a month before succumbing.

Ankur Panwar was sentenced to death by hanging last week. While delivering the sentence Special Judge A S Shende said, “ "Considering all mitigating and aggravating circumstances, facts of this case, Supreme Court judgements and recent (Madras) High Court judgement on acid attack cases, the court has awarded death sentence.” And how did Panwar react?  Smirking defiantly,attacking members of Rathi’s family and flashing a victory sign he walks out escorted by the police.

Thousands of miles away, at one of the most gala fashion events ,another acid-attack survivor, 19-year-old Reshma Quereshi walked the ramp at the New York Fashion Week,to promote a ban on the sale of corrosive substances. In the summer of 2014,on her way to an exam along with her sister, Reshma was attacked by her brother-in-law while trying to save her sister.They were left to suffer in agony on roadside for several hours after nobody called an ambulance.  

Daughter of a cab-driver in Mumbai, Reshma said,'this walk was important to me because there are so many girls like me who are survivors of acid attacks, and this will give them courage,and it will also go to show people who judge people based on their appearance that you shouldn't judge a book by its cover — you should look at everyone though the same eyes.'  Never did she imagine she would  travel to a far-off land and walk such a famous  ramp to promote her message.

More so since she had lost an eye and  her face was badly disfigured. Aged just 17 at that time she slipped into depression ,even contemplated suicide till she came in contact with Ria Sharma founder of the Delhi-based NGO’ Make Love Not Scars’.

Sharma counseled and helped  Reshma  regain her confidence and courage. Enough confidence and courage to stride down the ramp in designer Archana Kochhar’s collection--A Tale of Two Cities,  inspired by the breathtaking Taj Mahal and the rich, buoyant colors of magnificent India. Dressed in a floor-length white gown with embroidered applique panels, she was greeted with loud claps and cheers.

Fashion week producer FTL Moda reached out to Reshma to take part in NYFW as part of its #TakeBackBeauty campaign. Llaria Niccolini, the president of FTL Moda, the fashion production firm known for whom Quereshi appeared said, “ “My vision was: let’s push boundaries to include diversity in the fashion industry.”

Reshma made her modelling debut in the online campaign #EndAcidSale, which went viral  where she spoke about how finding the right shade of lipstick is harder than buying concentrated acid in the market. The posters and videos of the campaign won a Glass Lion and two Grand Prix at the Cannes Lions International Festival of Creativity 2016, France.

These two cases have just highlighted the plight of the survivors ---almost every day newspapers report such incidents from  all over India. According to the  Acid Survivors Foundation India (ASFI), 349 people, mostly women, had acid thrown on them --the number is three times higher than what was reported in 2013 and more than four times higher than in 2010. According to the NGO, less than half of these attacks come to light.

Though many have spoken out against the death penalty emphasizing the need instead on reformation, the verdict in the Preeta Rathi case is important and encouraging which was rightly stated as being “worse than rape”. However,is it time to celebrate yet? Acid attacks continue due to lax implementation of the ban  on acid sale by the Centre and the states. India has the highest number of acid attacks in the world, but the poorest conviction rates.

In 2013, the Supreme Court of India ordered the government to limit over-the-counter acid sales to people over 18. Acid can only be sold by licenced shops and owners are  required to maintain a record of the quantity sold and to whom. These details have to be sent to police within three days of the sale. All stocks have to be declared with the sub-divisional magistrate and undeclared stocks can be confiscated and a maximum of Rs 50,000 levied as fine.

All these measures look good on paper  but  fail because most of the establishments that use acid are in the unorganised sector and the States do not implement the laws stringently.. At least 106 such attacks were reported in 2012 and the figure rose to 122 in 2013 and 349 in 2014. In 2015, there were more than 500. The number of these attacks surged from 2014 because better mechanisms to report the crime have been put in place.

 However, once attacked and disfigured, several challenges await victims. Most parts of the country do not have proper facilities to treat an acid burn victim and states drag their feet when it comes to paying compensation. So, how can we effectively fight the scourge? 

 Bangladesh has shown the way.The  country, which had an extremely high number of cases and has been able to combat the problem to a great extent. First, an acid attack cases are tried speedily, investigations must be completed within 30 days-if the investigating officer needs more time, the court has to be notifie and can grant  only two extensions of 15 days. If the officer fails to complete the investigations, or is found to be corrupt, she or he is liable for punishment. The fasttrack court has to decide on the case   within 90 days. Second, Bangladesh has severe punishments for the crime – upto capital punishment. Third, unlicensed production, import, transportation, storage, sale and use of acid can attract a jail term from three to ten years. The stringent laws and their implementation have seen the number of attacks fall from 500 during 2002 to 71 in 2012.

Above all  the mental, physical and financial trauma and ostracization by society that a survivor faces makes these cases “rarest of rare” and  deserving of  nothing less than the noose.