PARIVARTAN KENDRA versus UNION OF INDIA AND OTHERS

Citation: [2015] 12 S.C.R. 607 · Decided: 07-12-2015 · Supreme Court of India · Bench: M.Y. EQBAL · Disposal: Disposed off
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[2015] 12 S.C.R. 607 
PARIVARTAN KENDRA 
v. 
UNION OF INDIAAND OTHERS 
(Writ Petition (Civil) No. 867 of 2013) 
DECEMBER 07, 2015 
[M. Y. EQBAL AND C. NAGAPPAN, JJ.] 
A 
B 
Constitution of India, 1950 - Art. 32 - Writ petition -
Acid attack victims - Survivor compensation schemes - Two c 
sisters of Dalit community brutal attacked with acid ·- Writ 
petitionby NGO seeking enhanced compensation for sisters . 
- Emphasized inadequacy of compensation payable to the 
victims as per the order of this Court in the *Laxmi's case -
Lack of a legal guarantee to free medical care, rehabilitative D 
services - Held: Considering the plight of the victim and in 
view the impact of acid attack on the victim on their social, 
economical and personal life, victim should to be awarded a 
compensation more than what has been prescribed by this 
Courf in the Laxmi's case - Compensation of the main victim E 
enhanced from Rs 3 lakhs to Rs 10 lakhs - Her sister to be 
paid to the tune of Rs 3 lakhs - Direction to the States to 
implement the guidelines in Laxmi's case and include the 
names of the victim in disability list- Public interest litigation. 
F 
Disposing of the writ petition, the Court 
HELD: 1.1 Considering the plight of the acid attack 
victim it can be summed up that the likeliness of the victim 
getting a job which involves physical exertion of energy G 
is very low; that the social stigma and the pain that she 
has to go through for not being accepted by the society 
cannot be neglected. Furthermore, the general reaction 
of loathing which she would have to encounter and the 
607 
H 
608 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A humiliation that she would have to face throughout her 
life cannot be compensated in terms of money; that as a 
result of the physical. injury, the victim would not be able 
to lead a normal life and cannot dream of marriage 
prospects; and that since her skin is fragile due to the 
B acid attack she would have to take care of it for the rest 
of her life. Therefore, the after care and rehabilitation cost 
that has to be incurred would have huge financiaf 
implications on her and her family. [Para 17] [623-D-G] 
C 
1.2 In the instant case, the Govt. of Bihar has fixed 
a pitiable amount of Rs.25,000/- for the victims of acid 
attack. The Guidelines issued by orders in the Laxmi's 
. case are proper, except with respect to the compensation 
amount. There is a need to ensure that these guidelines 
D are implemented properly. Keeping in view the impact 
of acid attack on the victim on his social, economical 
. 
and personal life, there is a need to enhance the amount 
of compensation. The victim of acid attack requires 
permanent treatment for the damaged skin. The. mere 
E amount of Rs. 3 lakhs would not be of any help to such 
a victim. The enhancement of the compensation amount 
would be an additional burden on the State. But 
.prevention of such a crime is the responsibility of the 
F ·State and the liability to pay the enhanced compensation 
would be of the State. The enhancement of the 
compensation would act in two ways, it would help the 
victim in rehabilitation; and it would also make the State 
to implement the guidelines properly as the State would 
G try to comply with it in its true sprit so that the crime of 
acid attack can be prevented in future. [Para 18-19] [624-
C-G] 
1.3 In peculiar facts of the case, the victim should 
to be awarded a compensation more than what has been 
H 
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PARIVARTAN KENDRA v. UNION OF INDIA 
609 
prescribed by this Court in the Laxmi's case. Though A 
this Court is not issuing any guidelines different from 
the guidelines issued in Laxmi's case. The younger sister 
was also injured by the acid attack although her degree 
of sufferance is not as that of the elder one, but she also 
requires treatment and rehabilitation. It is to be noted that B 
this Court in Laxmi's case doesn't put a bar on the Govt. 
to award compensation limited to Rs.3 Lakhs. The State 
has the discretion to provide more compensation to the 
victim in the case of acid attack as per Laxmi's case 
guidelines. This Court has not put any condition in C 
Laxmi's case as to the degree of injuries which a victim 
has suffered due to acid attack. In the instant case, the 
victim's father has already spent more than Rs. 5 lakhs 
for the treatment of the victim. In consideration of the D 
severity of the victim's injury, expenditure with regard to 
grafting and reconstruction surgery, physical
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