The Supreme Court on Thursday directed all High Courts across the country to submit detailed reports regarding pending trials in acid attack cases within four weeks. The Bench, led by Chief Justice of India (CJI) Surya Kant, termed the 16-year delay in the trial of the petitioner, an acid attack survivor, as a “national shame” and a “mockery of the legal system.”
The Supreme Court was hearing a Public Interest Litigation (PIL) filed by acid attack survivor Shaheen Malik. The Court took serious note of the fact that the trial in the petitioner’s own case has been pending before a Rohini court in New Delhi since 2009. Consequently, the Bench issued notices to the Centre and the Department of Empowerment of Persons with Disabilities regarding the plea to categorize acid attack survivors as “persons with disabilities.” Additionally, the Court ordered the Registries of all High Courts to furnish details of pending acid attack trials to the Supreme Court within four weeks.
The petitioner, Shaheen Malik, approached the Supreme Court highlighting the plight of acid attack victims and the systemic delays in concluding trials against perpetrators. The petition specifically brought to light the delay in her own case, which has remained pending for over 16 years. The plea also sought directions for the inclusion of acid attack survivors under the ambit of the Rights of Persons with Disabilities Act, 2016, to enable them to access statutory welfare schemes and benefits.
During the hearing, Ms. Malik presented the harrowing physical and medical realities faced by acid attack survivors. She submitted that victims are often forced to ingest acid, leaving them dependent on artificial feeding tubes and suffering from severe, life-altering disabilities.
She argued that despite the severity of the injuries and the long-term rehabilitation required, survivors are not formally categorized as “persons with disabilities” under the current legal framework, thereby depriving them of essential government support.
The Bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, expressed strong displeasure over the delay in the petitioner’s trial.
Referencing the 16-year pendency in the Rohini court, the Bench remarked:
“What a mockery of the legal system! This is such a shame. If the national capital cannot handle this, then who will? This is national shame.”
The Court emphasized the need for swift justice in such heinous crimes and observed that acid attack cases should ideally be tried by special courts to ensure expeditious disposal.
Directions and Decision
- Report on Pending Trials: The Supreme Court directed the Registries of all High Courts to collate and submit details of all pending trials related to acid attack cases within their jurisdiction. This report must be filed within four weeks.
- Notices Issued: The Bench issued notices to the Union Government and the Department of Empowerment of Persons with Disabilities, seeking their response to the plea for categorized survivors as persons with disabilities.
- Legislative Amendment Suggested: The CJI urged the Centre to consider amending the law—either through fresh legislation or an ordinance—to formally include acid attack survivors within the definition of “persons with disabilities” under the 2016 Act.
- Assurance from the Centre: Solicitor General Tushar Mehta, appearing for the Centre, assured the Court that the matter would be taken up with “due seriousness,” stating that perpetrators “should meet with the same ruthlessness as done here.”
- Status of Petitioner’s Case: The CJI directed Ms. Malik to file an application within the PIL explaining the specific reasons for the delay in her case, assuring her that the Supreme Court might take suo motu cognisance of the matter if necessary.
