By A Staff Reporter
Kathmandu, Oct. 2: Civil society organisations have welcomed the government’s landmark decision to introduce new laws against acid attacks, which are on the rise in the country.
The new legislation includes harsher punishment to perpetrators of acid violence and has introduced some regulatory measures for the sale and distribution of acid and other corrosive materials.
Civil society organisations which have long been campaigning on the issue have applauded this move. It is a sign that the government has paid heed to the voices of survivors and others calling for changes in legal provisions to better address acid violence, they commended.
"Today is a good day, particularly for the survivors of acid violence, who have been leading this fight for legal change from the very beginning,” said Nirajan Thapalia, director of Amnesty International Nepal.
“Their tireless advocacy is what led the government to take this issue seriously and act upon it,” added Thapalia. “Now, we need to ensure that these laws are effectively enforced.”
The new laws, which came into effect on Monday after the president authenticated the related ordinances, has increased the maximum jail term for perpetrators from eight years to 20 years and has put in place a fine of up to one million rupees. The definition of what can be considered evidence in the Evidence Act 2031 has also been widened. Similarly, they have also made it mandatory for sellers of acid and other corrosive materials to obtain a license and sell to only adults above the age of 18.
While all these are positive, where the ordinances have failed is in their provision of sentencing based on the body part injured. This shows the laws’ failure to consider the gravity of the experiences of survivors, civil society representatives said.
"The provision of handing out a heavier sentence for injuries to the face and lighter sentence for injuries to only one side of the eye or ear isn't rational," said Sabin Shrestha, executive director of Forum for Women, Law and Development. “It would have been more impactful if new laws against acid violence had been introduced rather than amending the existing ones,” he added.
Mohan Lal Acharya, executive director of Justice and Rights Institute (JuRI-Nepal), said, "Even though the new ordinances have addressed the demands of acid violence survivors to a certain extent, the government should also focus on preventing acid crimes from occurring in the first place.”
Civil society organisations have also expressed their disappointment at the ordinances’ failure to address wider issues of burn violence inflicted with kerosene, petrol and other inflammable substances.
"The laws need to address burn violence crimes which are just as heinous as acid attacks. The physical pain, mental trauma, treatment process and the impact on self-respect and self-confidence suffered by acid violence and burn violence survivors are similar,” said Pratiksha Giri, executive director of Burn Survivors Nepal.
“Failure of the laws to address burn violence may suggest that there exists discrimination even between survivors of similar crimes," Giri added.
Lubha Raj Neupane, executive director of WOREC Nepal, said, "The changes brought by the ordinances in respect to widening the scope of punishment to perpetrators, adding provisions for treatment of survivors and prioritising such cases in the court are all welcome. However, unless there are additional provisions that offer financial and social protection to address the psychosocial impact on survivors, these changes will not be fully effective.”
"I would also like to draw the attention towards treatment of past survivors and the need to establish a burn unit in every hospital," said Anita Neupane Thapaliya, executive chair of Legal Aid and Consultancy Centre Nepal.