Case Summary: Laxmi v. Union of India

• TITLE: LAXMI V. UNION OF INDIA
• CITATION: (2014) 4 SCC 427
• COURT:  Supreme Court of India
• BENCH: Justice Madan B. Lokur and Justice Uday Umesh Lalit.
• DATE OF JUDGEMENT: 10.04.2015
• KEY STATUES/RELEVANT STATUES: Section-326A, 326B of Indian Penal Code.

BACKGROUND OF THE CASE:

The victim was about 15 aged suffered from an acid assault and filed the PIL (Public Interest Litigation). She belongs from a middle-class family and for the taking care of her family worked a part-time job at the bookstore. On the day of April 22, 2005, she was visited two acquaintances who showered her in acid. A crowd gathered when they heard her screams, but no one attempted to aid. 

Then, She was taken to the ‘Ram Manohar Lohiya Hospital’ where she was treated. The victim is approximately 25% acid blisters on her face, eye, chest and forearms according to the medical report. Later, a bit recovery of victim told to the authority that Naeem Khan (Guddu) and Rakhi were responsible. Victim claimed that after she flatly rejected the Naeem proposal of marriage and for the taking revenge this all act was done by him. 

The accused and co-accused found guilty by Delhi Session Court of violating Section-307 (Attempt to murder) and Section-120B (Punishment of Criminal Conspiracy) of Indian Penal Code. 

ISSUES RAISED IN CASE:

• To enact stricter regulations and restrictions on the sale of acid to prevent acid attacks?
• What measure steps can be taken up for the support and rehabilitate acid attack survivors?

ARGUMENT BY THE PETITIONER:

The petition said that purchasing the bottle of acid by easy access is the mainly reason of originated the crime of acid attack which made it simple to carry out such serious offence. The cost of purchasing the acid bottle in very minimum cost of Rs 20 to Rs 30 and nobody ever inquires as to why they purchasing this hazardous substance that permanently ruin someone’s life. The concern is that stopping such materials being sold, which mean banning the distribution and sale of acid in various form, is only option to stop this offence.

• Petitioner to the government for rehabilitation.
• Petitioner argue there has to be separate law that the existing rule did not consider any specific occurrence for this offence whereas, has to be more rigorous penalties to the accused.
• Additionally, the petitioner demanded that victim receive free medical care and that survivors of acid attacks receive compensation.

ARGUMENT BY THE RESPONDENT:

The learned solicitor general stated that central government will implement the model guidelines. The model regulation which has to be applied form today’s date within a week regulated the sale of acid and the other hazardous chemicals under “The 1919 Poisons Act” to all state government and union territories. Additionally, they also maintained the model standard would address number of issues, including the type of acid and the purpose of purchasing it. (liquid and crystalline) that can be stored and sold. 

• The Hon’ble counsel for the state of ‘Tamil Nadu’ declared the adequate and rigorous legislation regularized within two months on this date to control the sale of acid and other hazardous chemical to prevent or stop such serious offences.
• Institutions engaged in education or research, hospital, business government agencies or the other activities in public sector of using the acid.
• That the state and union territories administration declared that they would totally abolish cognizance and availability of bail for offence under the 1919 Poison Act. 

JUDGEMENT:

That the supreme court directed the following rules for acid purchase and seller. Firstly, a seller cannot sale the acid to minor, Additionally, before buying acid the qualified buyer must present an adequate or permanent ID card and mention specify reason for purchasing. This resulted in following changes to the laws governing the criminal justice system.

• Section 326A and 326B which particularly addressed the offence of acid assault were added to section 326 of the Indian Penal Code.
• Section 114B which describe the purpose and knowledge that the perpetrator is likely to have under section 326A of the IPC, was also added in Indian Evidence Act.
• The victim is entitled to compensate of at least three lakh rupees according to government victim compensation scheme.

RATIO DECIDENI OF THIS CASE:

As the increased cases of acid attack, the court binding the legal principal directive the government for strict regulation of acid sales through licensing, mandating vendors records, imposing age restriction and penalizing violation. Apart, the obligation to provide the free medical treatment and rehabilitation services to the survivor for their better life and aligning with the right to life and dignity under Article 21.

OBITER DICTA:

The court remarks about the patriarchal mindset facilitating such crimes and need for public awareness, police reform and gender sensitivity are persuasive but not legally binding. This reforms under criminal laws may not entirely dissolve the cases of acid attack but at least it reduces the rate of acid attack victims.

CRITICALLY ANALYSIS:

As in the case of Laxmi v. Union of India where the case of acid attack was highlighted. The victim in this case who suffered from an such serious or mental trauma after was subjected to acid attack. 

• After, she refused the proposal to marry the accused.
• In this case lighten that the law already exist is not sufficient there has to be changes in criminal laws.
• After, hearing Laxmi’s PIL Supreme Court not only amending the criminal laws. Hence, also issued a strict guideline while purchasing acid bottles.
• This case not merely existing for the reform in laws but also result in reducing the cases of acid attack.
• Whereas, Laxmi was not only fought for her but for the thousand women’s who was victim of acid attacks.
• Supreme Court in this case analysis the key factors from which it helps to reduce the rate of acid attacks which results in form of guidelines issued by the apex court of India.
• However, the Criminal Amendment Act of 2013 brought by Laxmi’s PIL became a ray of light to the acid attack victims.

CONCLUSION:

Acid attack not merely a violence or crime against women its very painful for women to accept her body like that which deeply destroy the entire life. Although, it can be against both whether men or the women but it assumes the higher cases against women it illegal to harass women in society by this. Hence, after the case of Laxmi v. Union of India she endure a great deal or came with a sought relief for the victim of acid attacks. 

REFERENCES:

1. https://updates.manupatra.com/newsroom/trans/viewdoc.aspx?i=ptiDy4oUEz7W4RhahAaT6h93RFUeTV40hI1vo81W7g5uCfRP5tL0pktJVchar(43)F5g3qk&id=zwKDa4S8QbBCBSkXPhUPwdhgNS/662rslY6c6/vT6joYG35fnwtcwdSSvvpLIvQxaZgsv0SEfoP0vtWtop9kEg==
2. https://cdn.ncw.gov.in/wp-content/uploads/2025/07/NCW-Acid-attack_Super_Final_Print_compressed.pdf
3. https://indiankanoon.org/doc/198547773/
4. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3367773
5. https://lawfullegal.in/laxmi-v-union-of-india-landmark-judgment-a-case-analysis/