Lawstreet Journal

"Persons attacked with corrosive substance eligible for compensation under the Rights of Persons with Disabilities Act, 2016": Bombay High Court

Lawstreet Journal 11 Oct 2021 11:44pm

Image courtesy: Lawstreet Journal Judiciary "Persons attacked with corrosive substance eligible for compensation under the Rights of Persons with Disabilities Act, 2016": Bombay High Court

In the case of  Kavita Nityanand Shetty v. State of Maharashtra, the Bombay High Court held that a person disfigured due to violent assaults by throwing of any corrosive substance will be considered as an 'acid attack victim' under the Rights of Persons with Disabilities Act, 2016 and would therefore be eligible for compensation. 

A Bench of Justices Ujjal Bhuyan and Madhav Jamdar said the Act is a benevolent legislation and its benefit is not extended only to persons attacked with 'acid' alone.

The court ruled, "The legislature has not confined disfigurement due to violent assaults by throwing of acid only but it has been broadened to include disfigurement due to violent assaults by throwing of similar corrosive substance so that the beneficial provision can be extended to persons suffering similar attacks and need not be confined to the strict chemical definition of ‘acid’.

The Court also noted that in the schedule of the Act in the category of ‘physical disability’ at clause A(e) is included ‘acid attack victim’ which has been defined to mean a person disfigured due to violent assaults by throwing of acid or similar corrosive substance.

Therefore, a persons attacked with a corrosive substance would be ‘an acid attack victim’ would, consequently, be construed to be a person suffering from ‘specified disability’, the Court held.

It thus directed the State of Maharashtra to pay a compensation of ₹10 lakh to the petitioner as 'victim compensation' after she suffered burns and injuries due to pouring of inflaming corrosive substance on her face… Continue Reading...


Tagged: Bombay High Court  
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