Supreme Court Expands Definition of Acid Attack Victims Under Disability Act, Internal Injuries Included as Supreme Court Aligns with Bharatiya Nyaya Sanhita, 2023
In a landmark decision, the Supreme Court of India has broadened the definition of "acid attack victims" under the Rights of Persons with Disabilities Act, 2016. The ruling, passed on May 4, 2026, ensures that individuals who suffer internal injuries from acid administration are recognized for statutory benefits, regardless of external disfigurement.
The case, titled Shaheen Malik v. Union of India, was presided over by Chief Justice Surya Kant and Justice Joymalya Bagchi. The petition, which originated from interlocutory orders by the Delhi High Court, sought clarity on the inclusion of victims who have been forcibly administered acid under the statutory benefits provided by the 2016 Act.
Senior Advocate Mukul Rohatgi, serving as Amicus Curiae, highlighted the oversight in the current definition, which primarily focuses on external disfigurement. The court noted that Section 2(zc) of the 2016 Act lists "acid attack victims" under "locomotor disability," but limits this to external injuries. The court's decision aligns the interpretation with Section 124(2) of the Bharatiya Nyaya Sanhita, 2023, which encompasses any form of acid administration.
The Solicitor General of India informed the court that steps to amend the 2016 Act's Schedule are underway. However, the court directed that pending formal amendments, the term "acid attack victims" should include those with internal injuries from acid, ensuring comprehensive protection and benefits.
The Ministry responsible has been urged to formally notify these amendments. The matter is scheduled for compliance review on May 28, 2026.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - Victims of acid attacks to whom acid is forcibly administered and those who suffer internal injuries shall be included under the category of "acid attack victims" for the purpose of statutory benefits under the 2016 Act, irrespective of external disfigurement.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Section 2(zc), Bharatiya Nyaya Sanhita, 2023 Section 124(2)
Shaheen Malik v. Union of India, (SC) : Law Finder Doc id # 2893729
