SC bans over-the-counter sale of acid

July 18, 2013
New Delhi, Jul 18: The Supreme Court today directed states and Union Territories to frame rules to regulate sale of acids and other corrosive substances within three months and make acid attack a non-bailable offence. sc

The court also directed that acid attack victims shall be paid a compensation of at least Rs three lakh by the state government concerned as an after-care and rehabilitation cost for such victims.

A bench of headed by Justice R M Lodha said that the states and UTs, which have not regulated acid sale, to issue guidelines based on the model draft rules framed by the central government.

"The Chief Secretaries of respective states and administrators of each Union Territory shall ensure compliance of this order expeditiously and frame rules within three months after receiving the model draft rules from the central government," it said.

The bench also asked the central and state governments to work together and make the necessary rules under the Poison Act, 1919 for making acid attack a non-bailable offence.

The bench, which is hearing a PIL filed in 2006 by Delhi-based acid attack victim Laxmi who was then a minor, also passed a slew of interim directions on various issues including sale of acids.

Perusing the compensation schemes of 17 states and seven UTs, the bench observed that the amount which is being paid is "grossly inadequate".

"It cannot be overlooked that acid attack victims need to undergo a series of plastic surgeries and other corrective treatment. Having regard to this, the Solicitor General suggested to us that the compensation amount to be paid by states to acid attack victims must be enhanced to at least Rs three lakh.

"The suggestion is very fair. We accordingly direct that the acid attack victims shall be paid a compensation of at least Rs three lakh by the state government concerned as an after-care and rehabilitation cost for such victims," the court said.

The court also said that out of the compensation amount of Rs three lakh, Rs one lakh will be paid within 15 days of the occurrence of the attack being brought to the notice of the state government.

"The balance of Rs two lakh shall be paid by the state or Union Territory concerned as expeditiously as possible and positively within two months of the incident," it said, adding that the compliance of the order has to be ensured by the Chief Secretaries of the states and administrators of the UTs respectively.

The bench, in its interim directions, said that the licenced seller of acids and corrosive substances will have to maintain a log/register pertaining to the sale of such material.

It said that the register shall contain the addresses of the persons to whom such substances have been sold.

Photo identity card, containing residential address, issued by the authorities would be required for purchasing such substances which in any case cannot be sold to a person who is below the age of 18 years, the court said.

It also said that sellers will have to disclose their stock to the authorities concerned, otherwise the undeclared stock would be confiscated and "a suitable fine of upto Rs 50,000 shall be imposed on such sellers".

However, the court said that educational institutes, research laboratories, hospitals, government departments and public sector undertakings could acquire in bulk acids and corrosive substances by following certain guidelines.

"All such institutions/departments shall maintain a register regarding such substances and file the same with the Sub-Divisional Magistrate concerned," it said, adding that a person of that institute/department shall be made accountable for the custody of such substances.

The court also made it clear that there shall be compulsory checking of student/personnel who have been allowed access to such places.

During the hearing, Solicitor General Mohan Parasaran said that the states of Punjab, Maharashtra, Karnataka, Kerala, Haryana, Sikkim, Arunachal Pradesh and Meghalaya have already framed rules to regulate the sale of acids and corrosive substances.

On July 16, the Centre had told the apex court that in view of growing incidents of acid attacks, it has framed the Poisons Possession and Sale Rules, 2013, under the existing Poison Act, 1919, to regulate retail sale of acid and other poisonous substances.

Taking note of the rules, the court had asked the Centre to send the regulations to the states and UTs for their approval and issuance of notifications.

It had also said it may not consider banning the sale of acid in retail if the proposed rules and regulations are enforced.

Earlier, the apex court had slammed the Centre for not being "serious" about framing a policy to curb the sale of acids in order to prevent attacks.

In her petition, Laxmi, whose arms, face and other body parts had suffered disfiguration in the 2005 acid attack, had sought framing of a new law or amendment to the existing criminal laws like Indian Penal Code, Indian Evidence Act and Criminal Procedure Code for dealing with the offence, besides asking for compensation.

Laxmi had been attacked by three youths near Tughlaq Road here as she had refused to marry one of them, according to the petition. The trial is going on for the offence of attempt to murder and two of the accused are out on bail.

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News Network
January 24,2020

New Delhi, Jan 24: Although India's Ujjwala programme encouraged adoption of liquefied petroleum gas (LPG) for cooking among the poor, households availing the scheme have not shifted away from using highly polluting fuels like firewood, a study reveals.

The researchers, including those from the University of British Columbia (UBC) in Canada, found that additional incentives to encourage regular use of cooking gas are necessary for a complete transition to clean cooking fuel among poor rural households.

They noted that about 2.9 billion people across Asia, Africa, and Latin America burn solid fuels like firewood to meet their cooking energy needs.

This has significant negative implications for public health, the environment, and societal development, according to the researchers.

Through the Pradhan Mantri Ujjwala Yojana (PMUY), India has provided capital cost subsidies to poor women to adopt a clean-burning cooking fuel or LPG.

The researchers explained that within the first 40 months of the scheme, more than 80 million households obtained LPG stoves.

However, the full benefits of LPG adoption depend on near complete replacement of polluting fuels with LPG, according to a research-based policy brief published in the journal Nature Energy.

The scientists said this cannot be assumed solely on the basis of LPG presence in the household.

"Our research shows that Ujjwala was able to attract new consumers rapidly, but those consumers did not start using LPG on a regular basis," Abhishek Kar, a postdoc at Columbia University in the US, told PTI.

The study analysed LPG sales data for over 25,000 consumers, including PMUY beneficiaries, as well as general rural LPG consumers in Koppal district of Karnataka.

The scientists employed data covering all LPG purchases of PMUY beneficiaries through their first year in the programme.

They also assessed the general rural population's purchases during their first five years as consumers to assess the effect of experience on use.

The findings estimate that an average rural family needs to purchase five 14.2 kilogramme-cylinders annually to meet half of their cooking needs.

However, the study said just seven per cent of PMUY beneficiaries in Koppal purchased five or more cylinders annually, suggesting that the beneficiaries seldom use LPG.

The general (nonPMUY) consumers in this region use on average two times more LPG cylinders than PMUY beneficiaries, the researchers noted.

Yet, only 45 per cent of nonPMUY consumers use five or more cylinders per year -- even after several years of experience with LPG, they said.

The team assessed price and seasonal factors affecting LPG use among the general population over a three-year period.

It found that LPG consumers are sensitive to price and seasonality -- LPG cylinder refill rates are lower in the summer when agricultural activity is limited, and cash is scarce.

"There was no scheme incentives to promote use, except general LPG subsidies which is available to all, including the urban middle class," said Kar, who was a Ph.D. scholar at UBC when the research was published.

"If there is no additional income, what cost would a poor family on an already tight budget cut to pay for an extra expense on a regular basis.

"Ujjwala has started the scheme of 5 kg-cylinder in response, but the impact of that on LPG sales is still publicly unknown," he said.

These findings, the researchers noted, suggest the need for additional measures to promote regular LPG use for all rural populations.

Although the finding come from a single district in Southern India, it may also apply to other areas with similar socio-economic conditions, they said.

A more expansive evaluation of PMUY would help design targeted incentives to transform infrequent users to regular users, according to the researchers.

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Agencies
May 9,2020

New Delhi, May 9: Home Minister Amit Shah today tweeted to say he is healthy and not suffering from any disease, dismissing recent rumours on social media about his health. "I want to make it clear that I am completely healthy and do not suffer from any disease," the Home Minister wrote.

The 55-year-old home minister said for the last few days, some people on social media have been spreading rumours about his health. "In fact, many have tweeted even wishing for my death," he said.

मेरे स्वास्थ्य की चिंता करने वाले सभी लोगों को मेरा संदेश। pic.twitter.com/F72Xtoqmg9

— Amit Shah (@AmitShah) May 9, 2020
Mr Shah said with the country fighting the coronavirus pandemic, that has affected nearly 40,000 people and killed more than 1,900, he did not pay attention to these rumours as he was busy performing his duties as the home minister. He said he was clarifying today because lakhs of BJP workers have expressed concern over the last two days.

The Home Minister, taking a jibe at those spreading rumours, said such speculation about his health will only make him stronger. "I request people to stop indulging in such talks and let me do my work, they should also go about their business," he added.

Amit Shah thanked well-wishers and workers of the BJP for enquiring about his health. He signed off by saying he has no hatred towards those who spread the rumours.

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News Network
January 19,2020

New Delhi, Jan 19: Reacting to a tweet by ace lawyer Indira Jaising urging her to forgive the four men on death row for brutally raping that finally took her life, Nirbhaya's mother said on Saturday: "Even if God asks me, I won't forgive them."

Speaking to news agency, over the phone, the mother who had been fighting for seven long years to send her daughter's killers to the gallows, said, "...even if god comes and asks me to forgive them, I will not. People like these (Jaising) are a blot on the society."

Commenting on Jaising's tweet, she said: "Who is she to tell or suggest to me to forgive them. What relation does she have with me. I have nothing to do with such people. She can be a relative of those (the convicts) that she is having a soft corner for."

"She is an insult to women. She is running a business in the name of human rights. She is a veteran, she should give a message to the society. But she instead will go against her own kind," she added.

Earlier in the day, Jaising had requested Nirbhaya's mother to follow the example of Congress president Sonia Gandhi, who had moved for the clemency of a woman, Nalini Murugan convicted for the assassination of her husband and former Prime Minister Rajiv Gandhi.

"While I fully identify with the pain of Nirbhaya's mother I urge her to follow the example of Sonia Gandhi who forgave Nalini and said she didn't want the death penalty for her. We are with you but against death penalty," Jaising tweeted on Friday.

A Delhi Court on Friday issued fresh death warrants against the four convicts -- Akshay, Pawan, Mukesh and Vinay in the Nirbhaya gang rape and murder case.

Additional Sessions Judge (ASJ) Satish Kumar Arora fixed 1 February as the date of execution of the four death row convicts. They will be hanged at 6am.

The move came after the prosecution moved an application seeking issuance of fresh death warrants following the rejection of the mercy plea of one of the convicts Mukesh by President Ram Nath Kovind.

The 23-year-old victim was brutally gang-raped and tortured on December 16, 2012, which later led to her death.

All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

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