The Supreme Court has urged the Union Government to reconsider its guidelines regulating acid sales, observing that continued reports of acid attacks raise serious questions about their effectiveness. The Court stressed that issuing directions alone is insufficient without proper implementation and accountability.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana questioned whether the Centre had sought explanations from States over continuing incidents and examined the responsibility of enforcement authorities.
“Despite your guidelines, unfortunate incidents are taking place. In fact, such incidents are increasing. That means there is something wrong. Your guidelines have not achieved the object for which they were framed. That itself is a reason to revisit them,” the Chief Justice observed.
The bench also questioned the necessity of allowing acid to be sold openly for retail purposes when inexpensive alternatives may be available for certain uses.
Justice Bagchi asked,
“There are several substitutes readily available today, and at inexpensive prices. Why must acid remain available in the open market?”
The Court suggested identifying the purposes for which retail acid sales are necessary and appointing experts to examine available substitutes. Where acid remains indispensable, the bench indicated that a strictly regulated mechanism could be considered, while legitimate industrial requirements would need separate consideration.
Additional Solicitor General Archana Pathak Dave informed the bench that guidelines had been circulated to States, but their implementation remained weak. She said the Union Government would obtain instructions on a possible ban or stricter restrictions, including purchaser records and sales through wholesale outlets.
The Court also directed that a proposed survivor-centric rehabilitation framework submitted by an intervening NGO be placed before the National Legal Services Authority (NALSA) for examination. It called for suggestions from stakeholders, including survivors.
Regarding a survivor receiving treatment at Sir Ganga Ram Hospital, the bench urged authorities to consider providing a private room where her mother could stay during treatment.
The Supreme Court sought data on acid attack incidents over time and directed the Union Government and NALSA to examine the proposed rehabilitation framework.
The matter was listed for further hearing after two weeks.
