Survivors, activists allege violation of SC rule on over-the-counter acid sale

In a conference organised by Brave Souls Foundation in Kolkata last month, survivors from different corners of West Bengal met with advocates, doctors, social workers, and policymakers to discuss the issue of unchecked retail sale of acid in the country, particularly in the State.
| Photo Credit: RITU RAJ KONWAR

Acid attack survivors and activists have demanded stringent checks on the unlicensed over-the-counter sale of acid in the country especially in West Bengal, in light of the State consistently recording the highest number of acid attacks in the country since 2018.

In a conference organised by Brave Souls Foundation in Kolkata last month, survivors from different corners of West Bengal met with advocates, doctors, social workers, and policymakers to discuss the issue of unchecked retail sale of acid in the country, particularly in the State.

Surya Sankar Barik, a teacher in Gangasagar in South 24 Parganas, recalled how on December 13, 2013, two people known to him surrounded him on their motorbike while he was returning from the marketplace and attacked him with acid, over a financial dispute.  

“It seems acid sellers have more support from society and the government than us acid attack survivors. My case was stuck in files for 10 years. I suffered so much shame for so many years that I hardly left home… I blame the government for how easily acid is available to miscreants, and how little support survivors after the trauma is inflicted on us,” Mr. Barik said.

Also read: Bengal’s burning shame: acid attacks and the State’s persistent apathy

According to guidelines set down by the Supreme Court under W.P. (Criminal) 129 of 2006; Laxmi minor vs. Union of India, over-the-counter sale of acid is completely prohibited unless the seller maintains a log/register recording the sale of acid which will contain the details of the person(s) to whom acid(s) is/are sold and the quantity sold. Additionally, under these guidelines, the Sub-Divisional Magistrate can confiscate undeclared stock of acid and impose fines up to ₹50,000.

However, Shaheen Malik, an acid attack survivor who runs Brave Souls Foundation, claimed that according to an application she had filed in 2020 under the Right to Information (RTI) Act, the implementation of these guidelines are deeply flawed and lacks monitoring across the country. 

“We had also filed a Public Interest Litigation in the Delhi High Court petitioning for a complete ban on acid sale. It should be as difficult to obtain acid as it is to buy a gun. People do not understand that acid is a deadlier weapon, anyone can be a victim and there is a slim chance that an attacker would be unsuccessful in their attempt because of how fluid it is and that it can be thrown from afar,” Ms. Malik said.

She highlighted that West Bengal consistently reports a high number of acid attacks every year. “It is both because of the unique form of patriarchy that contributes to crimes against women prevalent in the State, as well as because the over-the-counter sale of acid goes even more unchecked here. In many places, our survivors report, acid sellers traverse lanes and bylanes calling out for those interested to purchase,” she said.

Rajya Sabha MP from the Trinamool Congress Nadimul Haque said law enforcement and police personnel should be trained especially to run regular checks on acid sellers and stop unregulated sales, and sensitised towards acid attack survivors, adding that a compensation of a minimum of ₹50 lakhs should be given to each survivor.

“This issue should be addressed beyond party lines. In my capacity, I pledge to raise the issue of unchecked acid sale and rehabilitation of survivors in Parliament,” Sanjay Singh, Rajya Sabha MP of the Aam Aadmi Party, said.

Meanwhile, Professor Shikha Sarkar, who served on the State Women’s Commission between 2014 and 2017, alleged that the Commission has also failed to ensure strict checks on over-the-counter acid sales in the State.

“The police and administration in West Bengal, despite being notified of sellers who make acid more freely in the markets in various districts, have never taken stringent action to crack down on such sellers. To my knowledge, the State Women’s Commission has also not taken strict action against such sellers. Still, they have a responsibility to do so,” she said.

“Acid, which can be called a weapon in how it is used to cause harm to people, is still exempt from the stringent regulations that we see with the sale of other weapons in India, like guns. Even if there are regulations on acid sale, none are adhered to,” social worker and activist Swati Chatterjee said. 

She added that acid sales are unchecked and unregulated across districts in West Bengal, especially in areas where metallurgy and jewellery making are widely practised.

“Between 2013 and 2024 our team had sent at least ten recommendations to the government towards curbing acid attacks but very little has materialised,” Ms. Chatterjee, who is associated with NGO South Kolkata Sannidhya added.

Survivors also highlighted how despite free medical treatment being mandated for acid attack survivors by the Supreme Court, they are declined such services by most hospitals and medical practitioners.

“There is very little awareness in the medical fraternity of there being any such Supreme Court mandate. There is also a lot of confusion about what kind of medical institutions this order applies to and to what extent the treatment must remain free,” Dr. Anupam Golash, a senior reconstructive plastic surgeon who has rehabilitated injuries of many acid attack survivors in the State.