NEW DELHI — The Indian government has formally recognized the lifelong trauma of acid attack survivors who suffer internal injuries, announcing that those who ingest corrosive substances will now be eligible for disability benefits under the Rights of Persons with Disabilities Act, 2016 (RPwD). In an affidavit submitted to the Supreme Court on Tuesday, the Centre confirmed that a recent amendment to the law broadens the definition of disability to include “internal disfigurement,” ensuring survivors with esophageal, gastric, or respiratory damage can access rehabilitation services, employment reservations, and financial assistance previously limited to those with external physical injuries.
The decision marks a critical expansion of legal protections for acid attack survivors, many of whom endure severe internal complications—including chronic pain, malnutrition, and respiratory failure—long after their external wounds heal. The move responds to a petition by the Acid Survivors Foundation India (ASFI), which argued that survivors with internal injuries were systematically excluded from RPwD benefits despite facing comparable, if not greater, medical and economic hardships.
What Happened
The Ministry of Social Justice and Empowerment, through its Department of Empowerment of Persons with Disabilities, issued a notification amending the RPwD Act’s Schedule to explicitly include “acid attack survivors with internal injuries” as persons with benchmark disabilities. The affidavit, filed in response to the Supreme Court’s query on the matter, directs state governments and union territories to update their disability certification processes to reflect the change. While the Centre did not specify a timeline for implementation, it committed to submitting a progress report to the court within three months.
The amendment aligns with the Supreme Court’s landmark 2013 judgment in Laxmi v. Union of India, which mandated comprehensive support for acid attack survivors, including compensation, free medical treatment, and rehabilitation. However, until now, the RPwD Act’s benefits—such as a 4% reservation in government jobs and educational institutions, monthly pensions, and subsidized healthcare—were largely inaccessible to survivors whose injuries were internal.
Why It Matters
Acid attacks in India disproportionately target women, often as acts of gender-based violence or retaliation for rejected marriage proposals. While external burns leave visible scars, internal injuries from forced ingestion of acid can be equally devastating. Medical studies cited by ASFI show that survivors may suffer from esophageal strictures (narrowing of the food pipe), gastric perforations, and severe respiratory damage, requiring multiple surgeries and lifelong medical care. Many struggle to eat solid food, rely on feeding tubes, or develop chronic lung conditions, yet have been denied disability benefits due to the law’s narrow focus on external disfigurement.
The expansion of the RPwD Act addresses this gap, but advocates warn that bureaucratic hurdles could delay its impact. “The amendment is a recognition of the invisible suffering these survivors endure,” said advocate Vrinda Grover, who has represented acid attack victims in court. “But the real challenge lies in ensuring that state governments implement this without delay. Many survivors, especially in rural areas, face systemic barriers in obtaining disability certificates, and the certification process itself can be traumatic.”
Background and Context
India has one of the highest reported rates of acid attacks globally, with the National Crime Records Bureau (NCRB) recording 176 cases in 2022 alone. However, activists believe the actual number is far higher due to underreporting. The Laxmi judgment was a turning point, leading to stricter regulations on acid sales and the establishment of a compensation fund for survivors. Yet, implementation has been uneven. A 2021 report by the Law Commission of India found that only 30% of acid attack survivors received the full compensation mandated by the Supreme Court, and many states lacked dedicated rehabilitation centers.
The RPwD Act, enacted in 2016, was a significant step forward in disability rights, expanding the definition of disability from seven to 21 conditions and introducing mandatory reservations in employment and education. However, its application to acid attack survivors remained limited. The recent amendment corrects this oversight but also highlights broader issues in India’s disability certification system, which often prioritizes visible impairments over internal or chronic conditions.
Competing Claims and Uncertainty
While the Centre’s affidavit signals a policy shift, questions remain about its execution. Legal experts note that disability certification in India is a decentralized process, with state governments responsible for issuing certificates. Delays, corruption, and lack of awareness among medical professionals have historically plagued the system. “There is a risk that survivors with internal injuries will still be denied certificates if local authorities are not sensitized to their conditions,” said disability rights activist Nipun Malhotra. “The Centre must ensure that state governments conduct training programs for medical boards and simplify the certification process.”
Another concern is the definition of “internal disfigurement.” The affidavit does not specify medical criteria for certification, leaving room for interpretation. ASFI has called for clear guidelines to prevent arbitrary denials. “Survivors with esophageal damage or lung injuries should not have to fight for recognition,” said ASFI director Pragya Singh, herself an acid attack survivor. “The government must define what constitutes a benchmark disability in these cases.”
What to Watch Next
1. Implementation Timeline: The Supreme Court has sought a progress report from the Centre within three months. Observers will watch whether state governments comply promptly or drag their feet, as seen with past directives on acid attack compensation.
2. Certification Challenges: Advocates will monitor whether survivors with internal injuries face fewer bureaucratic hurdles in obtaining disability certificates. Pilot programs in states like Delhi and Maharashtra, which have dedicated acid attack rehabilitation centers, could serve as models.
3. Medical Guidelines: The Ministry of Health may issue standardized protocols for assessing internal injuries under the RPwD Act. This could include criteria for esophageal, gastric, and respiratory damage.
4. Judicial Oversight: The Supreme Court’s role in ensuring compliance will be critical. If state governments fail to act, the court may issue further directives or appoint a monitoring committee.
5. Broader Disability Rights: The amendment could set a precedent for other marginalized groups, such as survivors of chemical burns or industrial accidents, to seek inclusion under the RPwD Act.
Conclusion
The Centre’s decision to include acid attack survivors with internal injuries under the RPwD Act is a long-overdue recognition of their suffering. For years, these survivors have battled not only physical pain but also systemic neglect, denied the very benefits meant to restore their dignity and independence. While the amendment is a victory for disability rights, its success hinges on swift and transparent implementation. The Supreme Court’s oversight will be crucial in ensuring that the promise of the law translates into tangible support for survivors.
Yet, the fight is far from over. Acid attacks remain a brutal reality in India, and survivors continue to face stigma, economic hardship, and inadequate medical care. The expansion of the RPwD Act is a step toward justice, but it must be accompanied by stronger enforcement of acid sale regulations, better compensation mechanisms, and a cultural shift that holds perpetrators accountable. For now, the amendment offers a glimmer of hope—one that must be nurtured into lasting change.
Story synopsis gathered from: [Hindustan Times](https://www.hindustantimes.com/india-news/acid-attack-survivors-with-internal-injuries-to-get-rpwd-benefits-centre-to-sc-101784055117132.html) — source.
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Story synopsis gathered from: Hindustan Times – India News — source.
