HC directs govt to pay extra Rs 2 lakh each to three acid attack victims

The high court was told that the compensation scheme was amended in 2017, stipulating Rs 5 lakh compensation instead of Rs 3 lakh and the state was entitled to pay an additional Rs 2 lakh to victims. The court said that it was the state’s responsibility to help such victims and there would be no prejudice to the government if it paid additional amounts to the victims.

A division bench of Justice Prasanna B Varale and Justice Madhav J Jamdar on October 29 passed an order after hearing a plea by three acid attack victims, through advocates Anu Kaladharan and Anjali Helekar, who had been attacked in 2010 stating that they were eligible for compensation and had received Rs 3 lakh towards it from the government.

Kaladharan submitted that petitioners were given surgical treatment and expenses incurred by them for the same were much more than Rs 3 lakh. It was submitted that they required follow-up treatment post surgeries and have to bear the additional financial burden for the same. They added that the maximum amount payable under the 2017 scheme was Rs 5 lakh and was made applicable to victims from December 2009. Therefore, the petitioners were eligible for additional help.

The petitioners also referred to October 4 judgment of the high court wherein the court had held that an acid attack victim would be considered a person suffering from ‘specified disability’ and therefore entitled to additional compensation, rehabilitative measures and free medical treatment available for persons with disabilities as per the Rights of Persons with Disabilities (PWD) Act, 2016.

The court had directed the women and child development department of the Maharashtra government to pay within three months a compensation of Rs 10 lakh to a victim of corrosive substance attack.

The advocates then submitted that the petitioners had challenged the 2017 notification which brought in the amendment as the amount of Rs 5 lakh was also insufficient and also drew the attention of the court to an October 4, 2021 order of a division bench which had directed the state to pay Rs 10 lakh to the victim.

After hearing submissions, the bench observed, “As the issue relates to providing financial assistance too firstly, a weaker section in general i.e, women and secondly, the victims of acid attack in particular, we expect a positive response from the state government. We also hope and trust that in such cases a progressive state as claimed the State of Maharashtra may not put the riders of financial burden in providing necessary financial assistance to such acid attack victims.”

Directing the state government to pay an additional amount of Rs 2 lakh to each petitioner within two weeks, the bench posted further hearing on compliance to December 4.