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Acid attacks: Why the Penal Code needs amendment

06 Jan 2021

  • Centre for Policy Alternatives report calls for enacting new offence 

  By Ruwan Laknath Jayakody   Acid attacks, also known as vitriolage, should be enacted as a new offence under the Penal Code by way of an amendment to the latter, as proposed by a research report on legal reforms to combat sexual and gender-based violence. The report was researched and authored by Khyati Wikramanayake with assistance from Kushmila Ranasinghe, and published by the Centre for Policy Alternatives (CPA).  It was recommended that the offence should focus on the modality (the use of acid), rather than any motive which may result in the commission of the offence, and should also specify what the perpetrator intended to do to the victim with the acid (the use of acid with the intention, or knowing it is likely, to kill, torture, disfigure, maim, or hurt). The amendment should be sufficiently wide to encompass all possible manners in which the perpetrator could use the acid to harm another (including throwing, pouring, or administrating in any other manner, or aiding and abetting the commission of vitriolage, or making threats of the use of corrosive substances in the event there is an immediate risk of harm). It has been recommended to make the acts of the perpetrator punishable, regardless of the severity of the injuries suffered by the victim (it should not be essential that the victim is permanently disfigured, disabled, or injured). The imposition of strict sentences (including a minimum sentence, and certain aggravating circumstances such as the severity of the injuries, the quantity, or type of acid used, which carry with them higher sentences) has also been recommended. The provision of compensation for the victim (proportional to the severity of the harm) has also been proposed. Another legal reform thus proposed was the amendment of the Poisons, Opium, and Dangerous Drugs Ordinance to include the stringent regulation of the sale and use of acids and other corrosive substances. This, the research proposes, can be done by introducing a licensing system for the sale of acids, requiring vendors to maintain a registry of over-the-counter purchases; decreasing the potency of the acids available in the retail market and used for domestic purposes; mandating the periodic declaration of stocks of corrosive substances by businesses to a designated authority; taking necessary measures to prevent theft; introducing offences related to the unauthorised delivery of corrosive substances to residential areas and possession of a corrosive substance in a public place with the intent to cause harm; and introducing penalties and fines to address any breach of such. In Sri Lanka, in 2019, four such attacks which were reported were cited in the report. One incident in Kaleliya involved a woman being attacked and being badly injured over an alleged affair she was involved in. In another incident in Godapola, a woman and her daughter were attacked, with the motivation being attributed to a relationship-based issue, while in Rathkekulawa, a mother and daughter were attacked while sleeping, with the former succumbing to the injuries and the latter testifying that her estranged father was involved in the attack. The same year saw a man in Payagala succumbing to injuries from an attack perpetrated by his wife and domestic aide. Last year (2020), eight were attacked in Kegalle following a dispute, leaving two blind in one eye. Nitric acid, sulphuric acid, and hydrochloric acid – of which the latter two are listed as poisonous substances under the aforementioned Ordinance as amended – are some of the acids typically used in such attacks, which cause the skin, and even the bones in certain cases, to burn and melt. This results in several physical disabilities including blindness; the burning of lips and nostrils, and sometimes sealing them, which in turn hinders communication, causing severe breathing problems and internal injuries due to vapour inhalation; chronic pain; and acute disfigurement and scarring that may leave a victim permanently unrecognisable. The report notes how victims may be psychologically affected, facing post-traumatic stress, depression, insomnia, and social phobia, and in some cases driven to psychosis and even suicide. Socially, the report observes, victims may be driven into isolation due to their trauma and may face negative social (marginalisation and cultural stigma attached to altered appearance) and economic consequences, such as being unable to obtain education or find employment. Recovery entails the extensive and often costly process of specialist treatment, corrective surgery, and counselling. Acid is relatively easily accessible in Sri Lanka, as it is often contained in substances used for commercial or industrial purposes, and sometimes even in common household cleaning substances. Vitriolage is often committed by persons whom the victim already knows, and this may in turn result in the reluctance to report incidents, or to take legal action, due to the fear of reprisal. With no specific law in Sri Lanka to deal with such crimes, offenders may be prosecuted for voluntarily causing hurt by dangerous weapons (which includes corrosive substances) or means, voluntarily causing grievous hurt (bodily harm) by dangerous weapons or means, or murder/attempted murder. The report also pointed out that there is limited awareness among the public as to how to respond to an acid attack. In particular, it should be noted that immediately washing the acid with water, the moment acid is thrown, can help minimise aggravation of the damage.


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