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
June 22,2020

New Delhi, Jun 22: With an increase of 14,821 new cases and 445 deaths, India's COVID-19 count reached 4,25,282 on Monday.

According to the latest update by the Union Ministry of Health and Family Welfare (MoHFW), 13,699 deaths have been recorded due to the infection so far in the country.

The rise in confirmed cases today is lower than the highest spike of 15 thousand plus cases registered on Sunday.

The count includes 1,74,387 active cases, and 2,37,196 cured/discharged/migrated patients.

Maharashtra with 1,32,075 confirmed cases remains the worst-affected by the infection so far in the country. The state's count includes 60,161 active, 65,744 cured, discharged patients while 6,170 deaths have been reported due to the infection so far.

Meanwhile, the national capital today became the second-worst affected region in the country with the number of confirmed cases in Delhi reaching 59,746 as opposed to Tamil Nadu's 59,377 cases.

While 2,175 deaths have been reported in Delhi due to the infection so far, the toll in Tamil Nadu stands at 757.

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News Network
April 3,2020

New Delhi, Apr 3: Jamiat Ulema-e-Hind leader Mahmood Madani on Thursday said that misbehaviour with doctors cannot be tolerated as they are working to protect everyone.

"We can only spread awareness about coronavirus that its only cure is by taking precautions. The government shared the precautions that people should not take part in any gathering, be clean and maintain social distance. After the reports, it will clear that how it is spread in the country," Madani told news agency.

"People who are objecting to testing in Lok Nayak Jai Prakash Narayan Hospital are very wrong and they should follow the instructions.

Hospital authorities and administration should talk to them. Today doctors are our soldiers who protect us and wrong behaviour with doctors cannot be tolerated," he added.

He further said that Jamiat wrote to the PM Narendra Modi that they will provide a place for 10,000 people in different states. Our workers also distributed food to one lakh people, he added.

People who attended a religious prayer meeting from March 13-15 at Markaz in the Nizamuddin area of Delhi were sent to Lok Nayak Hospital for coronavirus test on March 30.

The Union Ministry of Health and Family Welfare on Thursday said that there are 2,069 coronavirus positive cases in India, including 1,860 active cases, 156 cured/discharged/migrated people and 53 deaths.

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News Network
February 11,2020

New Delhi, Feb 11: The Aam Aadmi Party on Tuesday appeared to be heading back to power for a second term in Delhi with the party leading in 52 seats of the 70 and the BJP ahead in 18 as votes for last week's assembly elections were counted, according to Election Commission figures. The contest for political power over the national capital was a bipolar one with the Congress nowhere in the reckoning, according to initial trends.

AAP supremo and chief minister Arvind Kejriwal was leading in the New Delhi seat by 4,300 seats, while his deputy Manish Sisodia from Patparganj seat was ahead by 102 votes.

BJP leader Vijender Gupta, who is also leader of opposition in the Delhi legislative assembly, was trailing by over 1,200 votes from Rohini.

As early celebrations broke out in the AAP headquarters in Rouse Avenue, BJP's Delhi unit chief Manoj Tiwari asked his party supporters not to lose hope.

"There are 27 seats where the difference of votes is between 700 to 1,000," Tiwari told reporters.

Looking ahead at victory, he said he was not nervous and was ready to take on the responsibilities that a win would bring.

"All talk is over. We have to wait for the blessings of the people. I am confident it will be a good day for BJP. We are coming to power in Delhi today. Don't be surprised if we win 55 seats," Tiwari said.

Kejriwal, who had led his party to a spectacular win of 67 of 70 seats in 2015, is expected to address party workers and the media later in the day. However, his party workers were upbeat and in celebratory mode.

"We have been saying since the beginning that the upcoming polls will be fought on the basis of work done by us... You wait and watch, we will register a massive win," AAP spokesperson Sanjay Singh told reporters.

"We hope we get such a clear majority that a message goes out that doing Hindu-Muslim politics will not work anymore," said AAP volunteer Fareen Khan at the party office.

The headquarters were decorated with blue and white balloons and big cutouts of Kejriwal were placed in different parts of the office.

Labour minister and AAP's Delhi unit convenor Gopal Rai was leading in Badarpur constituency by 1,994 votes.

Atishi, AAP's Kalkaji candidate, who was also instrumental in the transformation of Delhi government schools, was trailing by 190 votes.

AAP's Timarpur candidate Dilip Pandey was leading by over 1,500 votes.

BJP's Tajinder Singh Bagga was trailing on Hari Nagar seat by over 50 votes, while AAP's Raghav Chadha is leading from Rajinder Nagar constituency.

Congress' Chandni Chowk candidate Alka Lamba, who is sitting MLA from the constituency, was trailing by over 5,800 votes.

Counting centres are spread across 21 locations in 11 districts, including at the CWG Sports Complex in east Delhi, NSIT Dwarka in west Delhi, Meerabai Institute of Technology and G B Pant Institute of Technology in southeast Delhi, Sir CV Raman ITI, Dheerpur in central Delhi, and Rajiv Gandhi Stadium in Bawana in north Delhi.

The assembly elections were held on February 8.

A total of 672 candidates, including 593 men and 79 women, were in the fray for the hotly contested, often divisive polls with the anti-CAA protests in Shaheen Bagh occupying centrestage towards the end of the campaign.

While the AAP, of course, put forward Kejriwal, Prime Minister Narendra Modi, home minister Amit Shah and Uttar Pradesh chief minister Yogi Adityanath were among those who extensively campaigned for the BJP.

The Congress, still recovering maybe from the death of its three-time Delhi chief minister Sheila Dikshit in July last year, got into campaign mode much later. Former prime minister Manmohan Singh and party leaders Rahul Gandhi and Priyanka Gandhi were among those who campaigned for the Congress.

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