Jharkhand HC raises acid attack survivor’s compensation from ₹3 lakh to ₹15 lakh
Ranchi, June 24: The Jharkhand High Court has enhanced the compensation payable to an acid attack survivor from ₹3 lakh to ₹15…
Ranchi, June 24: The Jharkhand High Court has enhanced the compensation payable to an acid attack survivor from ₹3 lakh to ₹15 lakh, holding that the amount awarded under the State’s victim compensation scheme was grossly inadequate considering the severe physical injuries, repeated surgeries and lifelong trauma suffered by the victim.
A Division Bench of Justice Rongon Mukhopadhyay and Justice Pradeep Kumar Srivastava passed the order while allowing an appeal filed by Rahul Kumar, who had challenged a 2019 Single Judge order refusing to enhance the compensation beyond ₹3 lakh.
The court directed the State to pay the remaining ₹12 lakh within eight weeks, after adjusting the ₹3 lakh already received by the survivor.
Attack Left Victim Permanently Disfigured
According to the case record, Rahul Kumar was attacked with acid on May 31, 2012, following a neighbourhood dispute in Ranchi district. The acid allegedly thrown on his face caused extensive burn injuries, permanent facial disfigurement, damage to his ears, neck, chest and upper limbs, and partial loss of eyesight.
The survivor told the court that he had undergone multiple surgeries, including plastic and reconstructive procedures, and had spent more than ₹25 lakh on treatment over the years. He also submitted that further corrective surgeries were still required.
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Court Condones Delay in Filing Appeal
Before examining the merits of the case, the High Court condoned a delay of 1,374 days in filing the appeal. The Bench accepted the survivor’s explanation that he had prioritised medical treatment and rehabilitation over legal proceedings.
The court noted that the appellant had suffered 45% disability, undergone 14 surgeries and continued to live with the physical and psychological consequences of the attack. It observed that in such cases courts cannot ignore the lifelong trauma faced by acid attack survivors.
₹3 Lakh Compensation Held Inadequate
While examining the Jharkhand Victim Compensation Scheme, 2016, the Bench noted that ₹3 lakh was prescribed as the minimum compensation for acid attack victims and that the scheme did not impose any upper limit on compensation.
The court observed that compensation in acid attack cases cannot be restricted to the minimum amount prescribed under the scheme, particularly when the victim has suffered permanent disfigurement and continues to require medical care and rehabilitation.
Referring to Supreme Court decisions dealing with acid attack survivors, the High Court said compensation must account not only for medical expenses but also for pain, suffering, loss of opportunities and the inability to lead a normal life.
Court Flags Disparity in Compensation Framework
The Bench also took note of the difference between compensation available under the 2016 scheme and a subsequent 2019 scheme applicable to female victims, under which compensation for acid attack cases can range up to ₹8 lakh.
Observing that a decade had passed since the 2016 scheme was introduced, the court remarked that the State should consider revising compensation amounts, particularly for male victims, to address the disparity reflected in the two schemes.
Directions on Medical Expenses
The High Court further directed authorities to expedite reimbursement of the survivor’s eligible medical expenses and process future treatment claims promptly. It said the State should adopt a sensitive approach while dealing with acid attack survivors who continue to require long-term medical care and rehabilitation.
Allowing the appeal, the court concluded that the ₹3 lakh compensation already paid was a “meagre amount” in light of the severity of the injuries and the lasting impact of the attack, and enhanced the compensation to ₹15 lakh.
