PREVENTION AND CONTROL OF ACID THROWING ON WOMEN OF
By:
NOOR ALAM KHAN
Advocate Supreme Court of Pakistan &
Chairman, Voice of Prisoners
Member KPK Bar Council, Peshawar
Introduction:
The acid throwing is a form of violent assault which always took
place to respond the deep revenge or hatred towards victim with intention to
disfigure, torture and even to kill the prey. Though the offence took place in
every part of the world, however, the incidents of acid attacks are most
prevalent in
Historical
Background:
The history of the crime of acid throwing is rooted back in 17th
century. The history shows that in 1740 soon after manufacturing of “Sulfuric
Acid” in
Definition
of Poison:
The word “Poison” commonly used for the element which cause death.
The dictionary meaning of word “Poison” as mentioned in Oxford
Dictionary are “A substance that is capable of
causing illness or death of a living organism when introduced or absorbed”.
The introduction of Poison is provided on well known web-site
“Wikipedea”, that the poison in the context of biology, are substances that
cause disturbances to organisms, usually by chemical reaction or other activity on
the molecular scale, when a sufficient quantity is
absorbed by an organism.
The most common acids like Hydrochloric Acid, Sulfuric Acid, or
Nitric Acid are poisonous substances; the same can cause immediate death if
consumed. These are also corrosive nature and can cause severe damage and
bodily injury if interact with the human body. The Hydrochloric, Sulphuric and other
Acids all have catastrophic effects on human skin and flesh. These corrosive
substances cause the skin tissues to melt. The bones of victim become exposed
and sometimes the acid dissolves the bones too. These acids if contacted with
the eyes of victim can also cause permanent blindness. In many acid attacks the
victim have suffers a slow and painful death too.
A chemical burn
occurs when living tissue is exposed to a corrosive substance
such as a strong acid or base. Chemical
burns follow standard burn classification and may cause extensive
tissue damage. The main types of irritant and/or corrosive products are: acids,
bases, oxidizers / reducing agents, solvents, and alkylants. Additionally, chemical burns can be
caused by some types of chemical weapons,
e.g., vesicants such as mustard gas and Lewisite, or urticants such as phosgene oxime. The exact symptoms of a chemical
burn depend on the chemical involved. Symptoms include itching, bleaching or darkening of skin, burning
sensations, trouble breathing, coughing blood and/or tissue necrosis. Common sources of chemical
burns include sulfuric acid (H2SO4),
hydrochloric acid (HCl),
sodium hydroxide
(NaOH), lime (CaO), silver nitrate (AgNO3), and hydrogen peroxide (H2O2).
Effects depend on the substance; hydrogen peroxide removes a bleached layer of
skin, while nitric acid causes a characteristic color change to yellow in the
skin, and silver nitrate produces noticeable black stains. Chemical burns may
occur through direct contact on body surfaces, including skin and eyes, via
inhalation, and/or by ingestion. Lipophilic substances that diffuse efficiently
in human tissue, e.g., hydrofluoric acid,
sulfur mustard, and dimethyl sulfate, may not react immediately, but
instead produce the burns and inflammation hours after the contact. Chemical fabrication,
mining, medicine, and related professional fields are
examples of occupations where chemical burns may occur. Hydrofluoric acid leaches into the bloodstream and reacts with
calcium and magnesium, and the resulting salts can cause cardiac arrest after eating through skin.[1]
Acid
Throwing is a Crime:
Acid attacks are seen as one of the most vicious crimes as it
causes perpetual suffering to the victim. As acid melts flesh and even the
bones of a person, it causes an unparalleled degree of pain to the victim and
leaves her mutilated and scarred as well as giving permanent disabilities at
times such as blindness. The victim in case of acid attacks is often a female
being the vulnerable class of society. Most acid-attacks are punishing measures
towards women who have refused to accede to commands from men or have stood
against abuses from them. The law against acid crimes will hardly act as a
deterrent when perpetrators know that if they have enough resources and
leverage through which they can shrug off any charge held against them. In some
societies the acid violence reflects gender inequality and discrimination in
society. The attackers attacks on females with the sole intention to destroy
her most important asset which is her beauty and his shameful act gives her a
life long anguish with no remedy. The increasing incidents of acid throwing in
the world was a reason of concern to the society, therefore, the countries
legislated on the issue and declared the offence as a crime by prescribing
severe punishments for the perpetrators. Most of the countries legislated on
the issue and provided deterrent punishments for the culprits, the United
Nations at international forum had played an important role to curb the offence
and declared the said offence as gender specific vide its conventions and
resolutions.
Consequences
of Acid Throwing:
The offence of acid throwing has various long lasting effects on
the life of victim. The effects of these acid attacks upon their lives have
been destructive: apart from the physical trauma undergone they also have to
face severe psychological trauma as well as social isolation and ostracism from
their community. These far reaching effects have multi dimensional impact on
their physical, personal, social and psychological life. The most prominent
effect of an acid attack in the permanent bodily disfigurement which is
impartially incurable through the plastic surgery but the method is so
expensive and difficult to be afforded by a victim belongs to a poor
background. This permanent disfigurement and disability forced the victims to
give up their social life and they afraid to mix up in normal people. Even society
responds them with mixed expressions of sympathy and fear. They ultimately give
up their jobs, their education and the urge to live a happy life. The victim of
acid throwing suffers economical and social traumas which can destroy a
personality and can cause psychological issues which need treatment and
continuous counseling of the victim. We can say that the commission of the
offence of acid throwing is not only an attack on one human body it is absolute
destruction to the social and physical life of victim and his/her family and
creates physical, social, economical and emotional uncertainty and insecurity
to the society.
Proposal
to Regulate
The international human rights law requires governments to act
affirmatively and with due diligence to protect human rights and adequately
respond to human rights violation. This due diligence imposes obligation upon
governments to enact legislation to combat acid violence. The acid violence has
been declared as Gender Based Violence and have prohibited in International
Laws. The clause ‘f’ of Article. 2 of convention for “Elimination of all form of
discriminations against women” reflects that the states are responsible
to legislate laws to eliminate discrimination against women the text of said
clause in relevant to reproduce hereunder:
“Art.
2 (f) To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which constitute
discrimination against women”;
In light of international obligations of Pakistan and in order to curtail the growing offence
of acid throwing, some preventive measures are need to be adopted, it is
necessary to control the commission of offence by addressing the issue of easy availability of acids at any
place. In Pakistan, acid attacks occur at high rates along the “Cotton Belt” of
Pakistan, that is, in Southern Punjab and Upper Sindh (central area), where the
cotton and garment industries are concentrated and acid is used in production
which reflects that acid attacks are prevalent in areas where acid is cheap and
easily available. Even in urban areas of
It is further submitted that for the aforesaid purpose a bill for
“Acid Control and Acid Crime Prevention Act, 2010” was presented before the
National Assembly to amend Pakistan Penal Code and Poison Act, 1919 in order to
provide punishment for acid throwing and to regulate the sale of acid through
Poison Act, 1919, said bill was discussed in the 30th session of
National Assembly and with certain changes on 26.11.2011 the same received the
assent of the president of the Pakistan, however, the enacted law was only with
respect to providing punishment for the offence and the proposal to amend the
Poison Act was dropped due to the
reasons, that after 18th Amendment in the Constitution of
Pakistan, 1973, the Poison Act have become a provincial subject however, the
proposed amendments in Poison Act, 1919 were also not very much effective with
respect to regulate the sale prevention of poison.
The examination of Australian Poison Act, 1952 reflects that the
same contain various provisions which can positively regulate the sale of the
poison, the Part III of such Act deals with the Sale of Poison, which
contain provisions with respect to
licensing, keeping of poisons, poisons containers should be appropriately
marked, sale of certain poisons should be marked, identification of the person
intended to purchase poisons, noting of particulars of purchaser, restriction
of sale to unknown persons and to persons who are under eighteen years of age.
The Division 1 of Part-III of Poison Act, 1952 of
“11. How containers containing poisons to be marked.
No person shall sell any
poison--
(a) unless the container thereof bears thereon--
(i) in the case of any poison included in the first part or the
second part of Schedule One of the Poisons List – the word “Poison”; or
(ii) in the case of any poison included in the third part of that
Schedule – the word “Caution” and such other words (if any) as are prescribed,
printed
in such size type as may be prescribed together with the name of the article,
the poison or poisons contained therein and the name and address of the seller
thereof; and
(b) unless such other requirements as are prescribed are complied
with.
12.
(1) Every person who sells any poison included in the first part
of Schedule One of the Poisons List shall, before delivery thereof to the
purchaser, inquire his name, place of abode, and occupation and the purpose for
which such poison is required or stated to be required.
(2) Such person shall thereupon make a faithful entry of such
sale, specifying the poison and the quantity thereof, and all such particulars
so given by the purchaser, together with the day of the month and year of such
sale, in a book to be kept by the vendor for that purpose in the form
prescribed.
(3) Every such entry shall be signed by the person making the
same, and shall, subject to sections thirteen and fourteen of this Act, be also
signed by the purchaser, unless he declared himself unable to write, in which
case the person making the entry shall add thereto the words “Purchaser cannot
write.
(4) Whenever a witness to the sale is required by this Act, such
entry shall be signed by such witness, and shall also state his place of abode.
(5) The book referred to in subsection two of this section shall
be preserved by the vendor for at least five years from the date on which the
final entry in the book made.”
Furthermore, the Poison Act, 1972 as implemented in United Kingdom
also reflects that in order to made sale of poison the particulars of
purchasers should be recorded and the container of the same is need to be
properly labeled. The relevant provisions to regulate the sale of Poison as per
Poison Act, 1972 of
3. Regulation of
1. Subject to the
provisions of this Act, it shall not be lawful--
(a) for a person
to sell any non-medicinal poison which is a substance included in Part I of the
Poisons List, unless-
(i) he is a
person lawfully conducting a retail pharmacy business, and
(ii) the sale is
effected on premises which are a registered pharmacy, and
(iii) the sale is
effected by, or under the supervision of, a pharmacist;
(b) for a person
to sell any non-medicinal poison which is a substance included in Part II of
the Poisons List, unless -
(i) he is a person lawfully conducting a retail pharmacy business
and the sale is effected on premises which are a registered pharmacy, or
(ii) his name is entered in a local authority’s list in respect of
the premises on which the poison is sold;
(c) for a person to sell any non-medicinal poison, whether it is a
substance included in Part I or in Part II of the Poisons List, unless the
container of the poison in labeled in the prescribed manner--
(i) with the name of the poison, and
(ii) in the case of a preparation which contains a poison as one of
its ingredients, with the prescribed particulars as to the proportion which the
poison contained in the preparation bears to the total ingredients, and
(iii) with the word “poison” or other prescribed indication of the
character of the article, and
(iv) with the name of the seller of the poison and the address of the
premises on which it is sold.
The examination of above mentioned provisions reflects that the
easy availability of Acid in the market can be controlled if the trade of
poison has properly been regulated. The developed countries like United Kingdom
and Australia have less ratio of commission of crime of acid throwing, the sole
reason which has been reduced the ratio of crime is proper and effective
legislation and its implementation to control the sale of poisonous substances.
According to a report by the Avon Global
Center for Women and Justice at Cornell Law School where in a comparative
study for combating Acid violence in
“States
committed to decreasing the rate of acid attacks should enact laws regulating
the handling of acid. These regulations may include the following
Ø
Requiring
licensing of producers, importers, distributers, and other business users of
acid;
Ø
Requiring
business to adopt internal safe handling procedures designed to reduce, among
other things, opportunities for the theft of acid by employees;
Ø
Requiring
the storage and sale of acid in labeled containers indicating the nature of the
content, cautioning users about its dangerousness, and warning them of the
penalties associated with misuse of acid; and
Ø
Banning
the use of concentrated forms of acid for household purposes where less
potentially harmful alternatives are available.
The study of above referred laws and the report to combat acid
violence reflects that in order to curtail the growing offence of Acid throwing
it is essential to modify laws to regulate the sale of acids.
In order to address the issue of violence against women the
Cambodian government passed a law called the Law on Regulating Concentrated
Acid, 2011, which also provide a
regulated procedure for selling, buying, storing, distributing, transporting,
packing, carrying and using of all kind
of concentrated Acid. The laws implemented in
To control the Acid throwing crimes the
Federal Government amended the Pakistan Penal Code by inserted new sections as
336-A and 336-B through Criminal Law (Second Amendment) Act, 2011 (XXV of 2011) on 28-12-2011, reproduced as:-
336A. Hurt caused by corrosive substance.—Whoever
with the intention or knowingly causes or attempts to cause hurt by means of a
corrosive substance or any substance which is deleterious to human body when it
is swallowed, inhaled, comes into contact or received into human body or
otherwise shall be said to cause hurt by corrosive substance:
Explanation.--In this sub-section, unless the context
otherwise requires, "corrosive substance" means a substance which may
destroy, cause hurt, deface or dismember any organ of the human body and
includes every kind of acid, poison, explosive or explosive substance, heating
substance, noxious thing, arsenic or any other chemical which has a corroding
effect and which is deleterious to human body.
336B. Punishment for hurt by corrosive substance.—Whoever
causes hurt by corrosive substance shall be punished with imprisonment for life
or imprisonment of either description which shall not be less than fourteen
years and a minimum fine of one million rupees.
But there is no law in the field to prevent
the misuse of corrosive substance, treatment and rehabilitation of acid
throwing victims and to control such like offences.
On 05-05-1995 the Federal Government of Pakistan promulgated an
Ordinance namely Control of Narcotics Substances Ordinance, 1995 to control the
production, processing and trafficking of Narcotic drugs and substances as well
as to regulate the treatment and rehabilitation of narcotic addicts and for
matters connected therewith and incidental thereto. The said Ordinance repeatedly
re-promulgated till 1997. On July 11, 1997 this Ordinance was presented in the
Parliament and it was enacted as Act of Parliament namely Control of Narcotics
Substances Act, 1997 (Hereinafter referred to as CNSA). Intent of said Act was
to consolidate an amend the laws relating to narcotic drugs, psychotropic
substances, and control the production, processing and trafficking of such
drugs and substances.
Control of Narcotic Substances Act,
1997, as a Special Law, was enacted mainly to curb the menace of narcotics in
the country. One of the main striking features provided in the Act, which was
different from the general principles of safe administration of criminal
justice, was that onus to prove the guilt of accused had not been placed
entirely on the prosecution, but on the accused to prove his innocence.
Legislature had cast a presumption in favour of the prosecution, which had to
be rebutted by accused to prove his innocence. Prosecution could not be totally
absolved of his obligations; and duty of initially establishing a 'prima facie'
case of recovery of contraband from conscious possession of accused; and only
after the said initial burden, was discharged by the prosecution, that onus
would shift upon accused to prove his innocence.[2]
All acts or omissions which may constitute offences under the
Control of Narcotic Substances Act, 1997 as well as the Customs Act, 1969 or
any other law, must be treated as those committed under the Control of Narcotic
Substances Act, 1997, and be tried accordingly. Mere fact of import and export
of Narcotics should not mislead the Investigating or Prosecuting Agencies to
treat the matter as an offence under the Customs Act, 1969, because Ss.7 &
8 of the Control of Narcotic Substances Act, 1997 expressly describe such offences
to have been committed under the said Act punishable under S.9 thereof. [3]
Interpretation
of different provisions of the Control of Narcotic Substances Act; 1997 appears
to some to be somewhat harsh or stringent but the same is in consonance with
the spirit of the said law. Said law is not an ordinary law as the menace that
it purports to curb is not common place and the criminals who induldge in it
are not of normal type. Mischief sought to be suppressed by this law is not
just a crime against a human being but a crime against the humanity and,
therefore, a response to the same has to be aggressive and punitive rather than
benign and curative. Individual subjected to the rigours of this law may
sometimes suffer disproportionately but the greater good of the society
emerging from stringent application of this law may make this approach worth
its white. [4]
Sulfuric acid (alternative spelling
sulphuric acid) is a highly corrosive strong mineral acid with the molecular
formula H2SO4 and molecular weight 98.079 g/mol. It is a pungent-ethereal,
colorless to slightly yellow viscous liquid which is soluble in water at all
concentrations. Sometimes, it is dyed dark brown during production to alert
people to its hazards. The historical name of this acid is oil of vitriol.Sulfuric
acid is a diprotic acid and shows different properties depending upon its
concentration. Its corrosiveness on other materials, like metals, living
tissues or even stones, can be mainly ascribed to its strong acidic nature and,
if concentrated, strong dehydrating and oxidizing properties. Sulfuric acid at
a high concentration can cause very serious damage upon contact, since not only
does it cause chemical burns via hydrolysis, but also secondary thermal burns
through dehydration.It can lead to permanent blindness if splashed onto eyes
and irreversible damage if swallowed. Accordingly, safety precautions should be
strictly observed when handling it. Moreover, it is hygroscopic, readily
absorbing water vapour from the air. Sulfuric acid has a wide range of
applications including domestic acidic drain cleaner, electrolyte in lead-acid
batteries and various cleaning agents. It is also a central substance in the
chemical industry. Principal uses include mineral processing, fertilizer
manufacturing, oil refining, wastewater processing, and chemical synthesis. It
is widely produced with different methods, such as contact process, wet
sulfuric acid process and some other methods.[5]
International commerce of sulfuric acid is controlled under the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, 1988, which lists
sulfuric acid under Table II of the convention as a chemical frequently used in
the illicit manufacture of narcotic drugs or psychotropic substances.
Hydrochloric acid is a clear, colorless,
highly pungent solution of hydrogen chloride (HCl) in water. It is a highly
corrosive, strong mineral acid with many industrial uses. Hydrochloric acid is
found naturally in gastric acid. When it reacts with an organic base it forms a
hydrochloride salt.It was historically called acidum salis, muriatic acid, and
spirits of salt because it was produced from rock salt and green vitriol (by
Basilius Valentinus in the 15th century) and later from the chemically similar
substances common salt and sulfuric acid (by Johann Rudolph Glauber in the 17th
century). Free hydrochloric acid was first formally described in the 16th
century by Libavius. Later, it was used by chemists such as Glauber, Priestley,
and Davy in their scientific research.With major production starting in the
Industrial Revolution, hydrochloric acid is used in the chemical industry as a
chemical reagent in the large-scale production of vinyl chloride for PVC
plastic, and MDI/TDI for polyurethane. It has numerous smaller-scale
applications, including household cleaning, production of gelatin and other
food additives, descaling, and leather processing. About 20 million tonnes of
hydrochloric acid are produced worldwide annually.[6]
Since 1988, hydrochloric acid has been listed as a Table II
precursor under the 1988 United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances because of its use in the
production of heroin, cocaine, and methamphetamine.
It will be not out of place to mention
here some definitions as provided in Section 2 of the Control of Narcotic
substances, Act, 1997, reproduced as:--
(k) “controlled substance” means any substance which may be used for the production or manufacture of narcotic drugs or psychotropic substance;
(p) “manufacture”, in relation to narcotic drugs or psychotropic substances, includes--
(i) all processes by which such drugs or substances may be obtained;
(ii) refining of such drugs or substances;
(iii) transformation of such drugs or substances; and
(iv) making or preparing such drugs or substances;
(q) “manufactured drug” includes--
(i) …..
(ii) any other narcotic substance which the Federal Government may, by notification in the official Gazette made in pursuance of recommendations of any International Convention or otherwise, declare to be a manufactured drug;
On 26th November, 2001, vide
S.R.O. 808 (I)/2000, the Federal
Government was pleased to make the rules, called as Control
of Narcotic Substances (Regulation of Drugs of Abuse, Controlled Chemicals,
Equipment and Materials) Rules, 2001, wherein Acid has been provided in the
Schedule of the said rules.
But it is very unfortunate that “Acid” has not be defined in the
CNSA although it is used in the preparation of different types of narcotics
substances.
Section 29 and section 32 is reproduced on just for approaching
right conclusion:-
29. Presumption from possession of illicit
articles.---In trials under this Act, it may be presumed, unless and until the
contrary is proved, that the accused has committed an offence under this Act in
respect of
(a) any narcotic drug psychotropic substance or controlled substance;
(b) any cannabis, coca or opium poppy plant growing on any land which he has cultivated;
(c) any apparatus
specially designed or any group of utensils specially adapted for the
production or manufacture of any narcotic drug, psychotropic substance or
controlled substance; or
(d) any materials which have undergone any process towards the production or manufacture of narcotic drug, psychotropic substance or controlled substance or any residue left of the materials from which a narcotic drug, psychotropic substance or controlled substance has been produced or manufactured, for the possession of which he fails to account satisfactorily.
32. Articles connected with narcotics.---(1) Whenever any offence has been committed which is punishable under this Act, the narcotic drug, psychotropic substance or controlled substance, materials, apparatus and utensils in respect of which, or by means of which, such offence has been committed shall be liable to confiscation.
I have discussed above that the “Acid” is being used for the preparation of Narcotic, then why the “acid has not been defined and provided in the Schedule of the CNSA” whereas CNSA is a comprehensive law and deals with all type of narcotic drugs, psychotropic substances, and control the production, processing and trafficking of such drugs and substances.
In view of abovementioned discussion, it is therefore, suggested that the CNSA may suitably be amended by providing and defining the “acid” in Control of Narcotic Substances Act, 1997, to control the production, import and sale of the acid because this crime is prevailing due to the free sale and buying in the market.