SC Told Law Amended to Include Victims of Forced Acid Ingestion and Internal Harm

New Delhi, July 15: The Central Government on Tuesday informed the Supreme Court that it has amended the Rights of Persons with Disabilities (RPwD) Act, 2016, ensuring that survivors who sustain internal injuries after being forcibly made to consume acid are now entitled to the same legal recognition and welfare benefits as other acid attack victims.

The submission was made before a Bench headed by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice V. Mohana, during the hearing of a public interest litigation seeking greater legal protection for acid attack survivors who suffer severe internal injuries without visible external burns.

Representing the Union Government, Solicitor General Tushar Mehta informed the court that the Ministry of Social Justice and Empowerment had issued a notification on May 22, 2026, officially revising the Schedule to the RPwD Act. The amendment removes ambiguity by clarifying that the term “acid attack victim” also covers individuals who sustain internal damage because of forced acid ingestion, irrespective of whether they have any external disfigurement.

Amendment Expands Scope of Disability Recognition

The legal revision addresses a long-standing gap in the disability law. Earlier, survivors with life-threatening internal injuries often faced difficulties in being recognised as persons with disabilities because the law primarily focused on visible physical disfigurement.

With the amendment now in force, victims suffering internal organ damage caused by acid consumption can access disability-related rights, financial assistance, healthcare support, rehabilitation services and other welfare schemes available under the RPwD Act.

The Centre informed the Bench that the notification was issued following the court’s earlier directions to formally amend the legislation and remove uncertainty regarding eligibility.

PIL Highlighted Legal Vacuum

The proceedings arose from a public interest litigation filed by acid attack survivor Shaheen Malik, who urged the Supreme Court to extend statutory protection to victims who are forcibly administered acid but do not suffer visible burns.

The petition argued that such survivors frequently endure permanent internal injuries affecting the digestive system, respiratory organs and other vital body functions, yet remain outside the existing legal framework governing disability benefits.

The plea sought recognition of these individuals as persons with disabilities so they could receive government support, rehabilitation programmes, educational benefits and employment opportunities guaranteed under the law.

Supreme Court Declares Amendment Retrospective

After considering the government’s submission, the Supreme Court observed that the amendment merely clarifies the legislative intent rather than creating a new legal category.

The Bench ruled that the clarification would be treated as effective from the date the Rights of Persons with Disabilities Act came into force in 2016.

By recognising the amendment as clarificatory in nature, the court ensured that eligible survivors whose cases arose after the Act became operational would also be able to seek the benefits available under the legislation.

The judges noted that all legal consequences flowing from the clarification would accordingly apply.

Court Previously Raised Concern Over Rising Acid Attacks

The hearing also recalled the Supreme Court’s observations made during earlier proceedings in May, when the Bench expressed serious concern over the increasing number of acid attack cases reported across the country.

Describing such offences as particularly brutal and inhuman, the court had urged the Central Government to examine whether existing criminal provisions required stronger punishment to deter offenders.

The judges observed that acid attacks continue to leave survivors with lifelong physical, psychological and financial consequences, making effective legal safeguards essential.

Suggestions for Stronger Criminal Justice Measures

Apart from expanding victim protection, the Supreme Court had earlier recommended several measures aimed at improving accountability in acid attack cases.

Among the proposals discussed were increasing the punishment prescribed for convicted offenders, exploring legal mechanisms that shift part of the evidentiary burden onto the accused in appropriate circumstances, and ensuring that victims receive meaningful compensation.

The court also suggested examining the attachment of assets belonging to convicted persons so that financial relief could be provided more effectively to survivors dealing with expensive long-term medical treatment and rehabilitation.

Need for Tighter Regulation of Acid Sales

The Bench reiterated concerns regarding unrestricted access to corrosive substances and stressed the importance of implementing stronger controls over the retail sale of acid.

It observed that preventing easy availability of acid remains a critical component of reducing such crimes and protecting vulnerable individuals.

The court indicated that stricter monitoring, licensing mechanisms and enforcement of existing regulations could help minimise misuse while ensuring legitimate industrial and commercial requirements continue to be met.

Directions for Speedy Disposal of Cases

Recognising the prolonged trauma faced by survivors during lengthy legal proceedings, the Supreme Court has also directed High Courts across the country to establish timelines for trial courts dealing with acid attack cases.

The objective is to ensure that criminal proceedings are concluded expeditiously so victims are not subjected to years of uncertainty while seeking justice.

Legal experts believe faster trials, combined with broader recognition under the disability law, represent significant steps towards strengthening institutional support for acid attack survivors.

A Significant Step Towards Inclusive Justice

The amendment marks an important expansion of the disability rights framework by acknowledging that acid attacks can cause devastating internal injuries even in the absence of visible scars.

By extending legal recognition to such survivors, the revised framework enables greater access to healthcare, rehabilitation, financial assistance and social welfare programmes, while reinforcing the principle that disability protections should reflect the full extent of injuries suffered rather than only their external appearance.