SC Expands Definition of Acid Attack Victims Under RPwD Act, 2016:
The Supreme Court of India has broadened the scope of the Rights of Persons with Disabilities (RPwD) Act, 2016, ruling that survivors of forcible acid ingestion must be legally recognised as ‘acid attack victims’. The Supreme Court expanded the RPwD Act, 2016, to recognise survivors of forcible acid ingestion as acid attack victims, extending disability rights, compensation, and legal protection through a deemed amendment under Article 142.
- Despite legal safeguards, acid attack survivors continue to face weak investigations, judicial delays, poor regulation of acid sales, social stigma, and delayed rehabilitation, highlighting the need for stricter enforcement, fast-track justice, and comprehensive survivor support.
- Expansion of the Term ‘Acid Attack Victim’: The Court has formally included survivors who were forcibly administered or forced to ingest acid.
Previously, the RPwD Act, 2016, only covered individuals disfigured by the throwing of acid. - The ruling clarified that victims suffering from severe internal organ damage due to acid exposure are fully entitled to protection and disability benefits, even if they do not exhibit any visible external disfigurement.
- Retrospective Applicability: To ensure complete justice, the Court directed that this expanded definition will operate retrospectively from 2016 (when the RPwD Act, 2016, was enacted).
- This critical move allows past victims of forced acid ingestion to retroactively claim disability benefits, financial aid, and official disability identity cards that they were previously denied.
- Interim “Deemed Amendment” via Article 142: Recognising the urgency of the situation, the Supreme Court did not wait for Parliament to officially amend the law.
- Instead, it invoked its extraordinary plenary powers under Article 142 of the Constitution to pass this as a “deemed amendment,” effectively acting as the law until the Union Government formally amends the Schedule of the RPwD Act, 2016.
