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Campaigners, victims elated with the ordinances relating to acid attack



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By Shanti Lama, Kathmandu, Sept. 30: The amendment to the existing legislation relating to acid attack through ordinances to increase the severity of punishment against perpetrators has been welcomed by acid attack victims and social activists.

Sangeeta Pulami, an acid attack survivor, said that the youths of the country were delighted with the amendment to the acid attack legislation.

"We cannot guarantee that imposing stern action against the attackers would completely prevent crime in the future, but it will surely deter the perpetrators, thereby decreasing the acid attack cases," said Gurung.

Stating that he had fulfilled his promise which was overdue for a long time, Ujjwal Bikram Thapa, a social activist, who advocates for the rights of acid attack survivors, said that he was happy about the amendments made to the laws on acid attack.  

"Although the punishment against the attackers has been increased, a long battle still awaits in the future to completely stop people from committing this heinous crime," Thapa added.

"The pain and pledge of the acid attack survivors to stop this dreadful offence inspired me to join the campaign against acid attack. The credit of the increment of the punishment in cases of acid attack goes to these brave women," said activist Thapa in his tweet.

He also thanked Prime Minister KP Sharma Oli and Attorney General Agni Prasad Kharel for making the campaign successful.

On the recommendation of the Council of Ministers, President Bidya Devi Bhandari on Monday issued ordinances to amend the National Criminal (Code) Act and National Criminal Procedure (Code) Act, 2017 and regulate the sell and distribution of acid and other lethal substances.

These ordinances stand as an important step taken by the government against the heinous offence as the need for the strict law against the attackers have been addressed by them.

The amended acid attack legislation provisions that the attacker shall serve a jail term of 15-20 years and fine of Rs. 7,000 to 1,000,000 if the attack causes blindness to either eye or deafness to either ear, partial damage to the face, either breast, a part of the head, back, or limbs.
If the attack causes any harm in the body, then the attacker will be fined Rs. 500,000 to 700,000 and sentenced from seven to 10 years of imprisonment.

The ordinance provisions that in case of death of the victim during the treatment or within one year from the date of offence, the perpetrator would be prosecuted on the charges of murder.

Likewise, no amnesty will be provided to the acid attackers and they have to serve the full jail term, provisions the ordinance.

No aid can be taken in the name of victims

Moreover, the new acid attack law Provision has prohibited collecting aids in the name of the victim of an acid attack. No cash or anything equivalent to it should not be asked or taken as a grant, facility, aid, or gratuity on behalf of the victim or the victim's family for the treatment or relief of the victim, publicly or through social media. This provision is backed by imprisonment up to three months or a fine up to Rs. 5,000, along with confiscation of the grant or aid received.

A provision to give priority to the cases of acid attack should be given priority regardless of the date of registration of the case has been added in the Judicial Administration Act, 2073.

Regulation in sales and distribution of acid

The ordinance has stated that a license must be obtained for the production, export, import, and sale of acid and other hazardous chemicals.

The permission should be taken from the home Ministry of Home Affairs for the production, export, and import of acid and other lethal substances. Likewise, permission from the Chief District Officer should be received for the sale of acid. 

The validity period of the license is provisioned to be for five years.

Similarly, licensing of the use of certain types of acids or other hazardous chemicals in a specific type of industries will be limited only to such industries

Section 11 of the ordinance states that a minor should not be permitted to sell or give acid or other hazardous chemicals.