RANCHI: In a significant relief to an acid attack survivor, Rahul Kumar, the Jharkhand High Court has ordered the state government to increase his compensation from Rs 3 lakh to Rs 15 lakh.
A division bench comprising Justice Rongon Mukhopadhyay and Justice Pradeep Kumar Srivastava, while hearing a Letters Patent Appeal (LPA), observed that an acid attack not only injures the victim’s face but also their soul.
The court held that the compensation of Rs 3 lakh was grossly inadequate to address the victim’s suffering and rehabilitation needs. He pointed out that while the Jharkhand Victim Compensation Scheme, 2016, prescribes a minimum compensation amount, it does not set an upper limit. Courts are therefore empowered to award higher compensation depending on the facts and circumstances of a case.
During the hearing, the panel expressed concern about the different provisions for male and female acid attack victims under the state’s compensation schemes.
The court observed that acid does not discriminate on the basis of gender and, therefore, compensation schemes must ensure equality. He directed the state government to amend the 2016 scheme to provide adequate compensation to male acid attack survivors as well.
The incident happened in 2012 when Rahul Kumar was studying at home. A dispute broke out between his 10-year-old cousin and a neighborhood kid. As the argument escalated, Rahul intervened and reprimanded a neighbor woman using abusive language.
Enraged by his intervention, the woman allegedly took acid from her house and threw it at him. The attack caused severe burns to his face, damaged parts of his eyelids and both ears, and resulted in severe injuries to his neck, chest and left arm.
Rahul has so far undergone 14 plastic surgeries. The attack severely damaged his eyesight and he was assessed with a 45 percent disability. More than ₹25 lakh has already been spent on his medical treatment, while additional surgeries are still awaited.
Rahul informed the court that he was unable to file the complaint within the stipulated time due to acute financial difficulties and prolonged course of medical treatment.
The court ordered the state government to release the remaining Rs 12 lakh to Rahul within eight weeks, over and above the Rs 3 lakh already paid. He also ordered immediate reimbursement of current expenses for future medical treatment upon submission of necessary documents.
“On the basis of the facts and general circumstances discussed above, and bearing in mind that the Rs 3,00,000 extended as compensation to the victim is a small amount, coupled with the fact that there is no upper limit prescribed in the 2016 Scheme, we increase the compensation to Rs 15,00,000 to be paid on the order of the court,” the plaintiff said in her judgment.
The bench further observed, “We are aware that physical and mental pain and suffering cannot be compensated in monetary terms. However, we believe that this enhanced compensation will go a long way in mitigating, to some extent, such trauma and may also help the writ petitioner in his rehabilitation.”
The court also emphasized that ensuring the rehabilitation of acid attack survivors and enabling them to lead a dignified life is a primary responsibility of a welfare state.
