“I did not see my face for three months till the surgeries were complete. My family hid the mirrors at home… I had started giving up on my life and looking in the mirror didn’t help,” said 26-year-old Gulnaz Khan.
On 29 November 2014, a stalker threw acid on Khan, who was 18 at the time, in Uttarakhand’s Jaspur. 35 surgeries, and eight years later, on 16 December 2022, the Uttarakhand High Court directed the state government to provide her with Rs 35 lakh compensation.
This “victory” didn’t come easy, she said. It was a long, lonely and painful battle – memories of which are refreshed each time news of an acid attack comes in.
“My acid attack was not my failure. It was the government’s failure. I see acid being sold in my village in bottles on cycles even now. It pains me to see incidents like these take place even today,” she said, merely days after an acid attack incident was reported from Delhi.
A 17-year-old girl suffered eight percent burn injuries after two men threw acid at her in Delhi’s Dwarka on 14 December. Three men were arrested by the Delhi Police, and as per preliminary investigation, the accused had bought acid on e-commerce website Flipkart.
The Union Home Ministry in August this year had stated that 386 cases of acid attack on women have been registered across the country between 2018 and 2022.
Between 2014 and 2018, there have been 1,483 acid attack cases in the country. Although, there is a decline in the number of cases registered in the last three years, yet the number of convictions — 62 — is a petty fraction of the number of cases.
The Quint spoke to four acid attack survivors about their ordeal, the tough road to recovery and justice, and debts and stigma that rule life.
'Eye Surgery in Chennai, Ear Surgery in Delhi, more in Bengaluru and Dehradun'
In cases of acid attack, section 326A of the Indian Penal Code (IPC) is applied, under which punishment is 10 years to life, plus a fine that is to be paid to the victim. In Khan’s case, the accused was sentenced to 10 years in prison and a fine of Rs 20,000.
“I was barely two minutes away from home when this happened. My life was ruined and this man had to pay a fine of only Rs 20,000. I don’t think the 10-year sentence is enough either,” said Khan over the phone.
Snigdha Tiwari, Gulnaz’s lawyer told The Quint, “The accused was arrested in 2016, two years after the incident. The case was widely covered by the media and the name of the accused was there on the FIR, hence he was convicted without much delay.”
Khan suffered 65 percent burn injuries and underwent 35 surgeries for different body parts, across different parts of the country.
Gulnaz Khan and her lawyer Snigdha Tiwari after the court hearing on compensation.
(Sourced by the Quint)
My eye surgery took place in Chennai, ear surgeries in Delhi, a few surgeries in Bengaluru and some in Dehradun,” said Khan. She said that her family – comprising two sisters, her mother, and her father who works as a painter – spent Rs 36 lakh. “Around Rs 30-35 lakh was raised by NGOs for my treatment.Gulnaz Khan, acid attack survivor
Tiwari said, “The battle for compensation was very long. Through previous Supreme Court cases and new schemes of the National Legal Services Authority, we sought increased compensation. We asked for Rs 50 lakh compensation on the grounds that she had to spend lakhs of rupees on her surgeries, and that her future was impacted by the attack. We had asked for monetary compensation, medical and social rehabilitation, and aftercare. Eventually, the judge agreed to additional compensation of Rs 35 lakh.”
Throughout the call, Khan often talked about the eight years that have passed since that dreadful day. In fact, till last week, she had only received Rs 1.8 lakh as compensation from the state government as the Uttarakhand HC directive only came on 16 December. “We tried to fast-track the case but that did not happen. We appeared in court diligently every single time but the process is very long and exhausting,” said Khan.
The Quint spoke to Kamlesh Jain, a Supreme Court advocate who has fought over hundred such cases of acid victim survivors free of cost. Jain said, “These cases do not go to fast-track courts. They get delayed for a number of reasons. Sometimes, the lawyer of the defendant delays it. There are also cases where the family of the defendant delays it and tries to sway the stance of the survivors’ family with money. Such cases are rare, but in general, these cases drag on for many years.”
Khan now works in Noida with an e-commerce website. “When I travel by the Delhi metro, people stare at me like something is wrong with me. People get up from their seat when I sit next to them,” she said.
'Acid Ruined Our Lives But It's Easily Available Even Now'
It is pertinent to note that the over the counter sale of acid was banned in India in 2013. Establishments need a license to sell it and the buyer must provide a government-issued photo identity with an address and must disclose the reason for purchasing acid. However, it is still easily accessible.
“My mother had to beg for money for my surgeries at the time. I had five surgeries which cost Rs five lakh – something my family couldn’t afford,” said 31-year-old Piyali Dutta, a resident of West Bengal’s Shyamnagar.
On 22 April 2005, Dutta – who was in class seven at the time – came under an acid attack at home. “We used to live with a married couple at the time and they used to fight a lot. One day, the husband threw acid at his wife and I was next to her and it fell on my face, nose, hands, neck and ears,” recounted Dutta, over the phone.
The woman died a few days later.
A photo of Piyali Dutta after the acid attack.
(Sourced by The Quint)
It was Dutta’s mother, a nurse, who registered an FIR and fought the case legally, while taking care of her minor daughter. “In 2006 (a year after the incident), the man was sentenced to 14 years in jail by the Barasat District Court. I received Rs three lakh compensation by the state government,” said Dutta.
Advocate Jain told The Quint that all survivors get compensation but the amount varies. Jain said, “The minimum compensation is Rs three lakh but it’s not enough.”
It was the landmark 2013 Supreme Court ruling in the Laxmi vs. Union of India case that made Dutta feel that she was entitled to more compensation.
The battle for just compensation was a long one. To date, she has received Rs eight lakh compensation. She said, “I had to appear in Barasat court every few months just to prove that this incident happened. We had to produce numerous documents from police and hospital each time.”
Dutta couldn’t resume school for two years due to the trauma and the number of surgeries that she underwent. “When I went back to school, people around me would stare and make fun of me but I had a few supportive friends in school so I managed to get by.”
On being asked about the recent acid attack case from Delhi, her heart sank. “I feel sad. This should not happen to anyone. Initially, I used to be scared, but this battle has made me stronger.”
Piyali Dutta at her wedding in 2021.
(Sourced by The Quint)
Delays, Cancellation of Bail Crushes Survivors’ Spirits
In 2003, Sonali Mukherjee, an 18-year-old girl from Jharkhand’s Dhandbad, lost her eyesight after a stalker threw acid at her face as she lay asleep on her roof. Apart from the eyes, the acid burnt her face, neck, ears and chest.
Three men were sentenced to nine years in jail but granted bail in 2006 by the Jharkhand High Court.
She said, “I had filed a plea in the High Court in 2007 for cancellation of bail as well as a longer sentence. The case is still pending in court.”
Mukherjee told The Quint that the case was up for hearing twice but got cancelled – once, because there was a strike and the second time, because the defendant’s lawyer was not present in court. “After that, there was a lot of back and forth due to the pandemic, so it has still not been heard,” she said.
Mukherjee, who is now 36 years old, moved to another city soon after the attack. “I have undergone 35 surgeries so far which have cost my family Rs 40 lakh. I have received only Rs 7.5 lakh as compensation till now. Is this enough?” she asked.
SC Advocate Jain said since the survivors often need to undergo multiple surgeries, families end up spending a lot of money.
There are several grafting surgeries, where skin needs to be replaced from other healthy parts of the body, followed by plastic surgeries. In addition to this, they are prone to skin infections. Hence, they require safe, hygienic conditions – and of course, money.Kamlesh Jain Supreme Court Advocate
Apart from the eyes, the acid burnt Sonali Mukherjee's face, neck, ears and chest.
(Sourced by The Quint)
Pragya Prasun, an acid-attack survivor and Founder of Atijeevan foundation had earlier told The Quint, “The survivor’s family loses all their energy and money to get the treatment done for their ward. After that, there are hardly any resources left for a court case. Even then, the hearing goes on and on, instead of it taking place in fast-track courts and being disposed of within six months to one year. This ultimately empowers the perpetrators of such crimes.”
Mukherjee had to give up her education after the attack. She now has a clerical job in Uttarakhand, where she lives with her husband and their daughter.
'Perpetrators Roam Scot-Free'
Chandrahass Mishra was 29 years old when acid was thrown at him, allegedly by his landlord’s son in 2011, after Mishra called him out for harassing a woman. The accused got bail after six months, and since then the case has been dragging on.
Mishra is now 40. He had sustained 35 percent burn injuries, and underwent 18 surgeries. Mishra, who is associated with the Acid Survivors and Women Welfare Foundation, said;
“The accused got married and has children now. He lives like nothing happened. When I see him on the streets, he still smiles and laughs at me. Who is to say that he will not commit such a crime again?”Chandrahass Mishra, acid attack survivor
Chandrahass Mishra with his daughter.
(Sourced by The Quint)
Mishra’s plans came to a halt after the incident as multiple surgeries, the post-op care, and the trauma took up all his time. He was pursuing his MBA at the time but eventually had to put it on hold. Mishra said, “For the next few years, I could not do anything. I thought of doing a correspondence course but that did not work out. Now, I am working with a life insurance company... I have a daughter now, but I still face the stigma when I try to get her admitted to school.”
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