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
May 13,2020

New Delhi, May 13: Vice President M. Venkaiah Naidu on Wednesday said that Prime Minister Narendra Modi's announcement of Rs 20 lakh crore stimulus package "will go a long way in overcoming challenges" posed by the COVID-19 pandemic.

"Welcome the Rs. 20 lakh crore stimulus package announced by the Prime Minister, Shri Narendra Bhai Modi Ji to revive economy, boost efficiency of various sectors through reforms & make India self reliant and resilient. #AtmaNirbharBharatAbhiyan," the Vice President tweeted.

Calling the reforms as the "need of the hour", he further said: "Bold reforms are the need of the hour to realize the dream of #AtmanirbharBharat."

Expressing confidence in the five-pillar approach, he said that it would help promote local industries "while making India face global competition effectively".

"I am confident that a focused approach on the five pillars- Economy, Infrastructure, Technology driven System, Vibrant Demography & Demand--will promote local industries led growth while making India face global competition effectively. #AtmaNirbharBharatAbhiyan," he said.

"I am certain this timely economic package will go long way in overcoming challenges posed by the unprecedented COVID-19 pandemic. #AtmaNirbharBharatAbhiyan #IndiaFightsCorona," he wrote on the micro-blogging site.

The Prime Minister had on Tuesday announced Rs 20 lakh crore special economic package for the country to become 'self-reliant' and deal with COVID-19.

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News Network
May 8,2020

New Delhi, May 8: The Supreme Court on Friday suggested that states should consider indirect sale and home delivery of liquor as per its statute and law to avoid crowding at liquor shops amid the ongoing coronavirus-induced lockdown.

A bench headed by Justice Ashok Bhushan refused to pass any orders on a public interest litigation (PIL) seeking clarity on the sale of liquor and to ensure social distancing while it is being sold in liquor shops during the lockdown.

"We will not pass any order but the states should consider indirect sale/home delivery of liquor to maintain social distancing norms and standards," Justice Ashok Bhushan said while disposing of the petition.

The PIL, filed by one Sai Deepak, sought directions for closure of liquor shops for failing to enforce social distancing, which is essential to prevent the spread of coronavirus.

The petitioner told the apex court that he only wants that the life of common people is not affected because of crowding at liquor shops during COVID-19.

Justice Sanjay Kishan Kaul, another judge in the bench, said that discussion on home delivery is already going on.

The top court, after hearing the petition complaining about flouting of safety norms at liquor shops, observed that it cannot pass any orders to different states but they should consider online sale and home delivery of liquor.

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Agencies
May 13,2020

New Delhi, May 13: Finance Minister Nirmala Sitharaman on Wednesday announced Rs 3 lakh crore collateral-free automatic loan for businesses, including MSMEs.

This will benefit 45 lakh small businesses, she said detailing parts of the Rs 20 lakh crore economic stimulus package.

The loan will have 4-year tenure and will have a 12-month moratorium, she said.

Also, Rs 20,000 crore subordinated debt will be provided for stressed MSMEs, she said adding this would benefit 2 lakh such businesses.

The Finance Minister said a fund of funds for MSME is being created, which will infuse Rs 50,000 crore equity in MSMEs with growth potentials.

Also, MSME definition has been changed to allow units with investment up to Rs 1 crore to be called micro-units in place of Rs 25 lakh now.

Also units with turnover up to Rs 5 crore to be called micro-units, she said, adding a turnover based criteria is being introduced to define small businesses.

The investment and turnover limits for small and medium businesses have likewise been raised to allow them to retain fiscal and other benefits, she said.

Global tenders will be banned for government procurement up to Rs 200 crore, she said, adding this would help MSMEs to compete and supply in government tenders.

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JM
 - 
Thursday, 14 May 2020

Fully automatic loan..... not reachable to poor needy......

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