A PERSON DISFIGURED DUE TO CORROSIVE SUBSTANCE IS ELIGIBLE FOR COMPENSATION UNDER THE RIGHTS OF PERSONS WITH DISABILITIES ACT

The Bombay High Court bench of Justices Ujjal Bhuyan and Madhav Jamdar held that a person disfigured due to throwing any corrosive substance will be considered an 'acid attack victim' under the Rights of Persons with Disabilities Act. And therefore, be eligible for compensation. 

The bench noted that under clause A(e) of the Act, physical disability includes acid attack victims, which means any person disfigured by throwing acid or similar corrosive substance. Therefore, any person attacked would consequently be construed as a person suffering from a specified disability. 

The ruling came in a case where Kavita Shetty, the petitioner, moved to the Maharashtra Government and Mumbai District Legal Services Authority (MDLSA) seeking compensation under the Manodhairya Compensation Scheme of the State Government available for acid attack victims. The petitioner sought compensation for treating her burn injuries caused due to pouring of corrosive substances. Her husband attacked Kavita while she was sleeping. She suffered 70-80% burns on her face and body. She spent more than ₹5 lakh on her treatment; however, for her further treatment, she required funds. 

The bench held that since the Act provides measures for the rehabilitation of persons with disabilities, the same benefits would also continue to persons who suffered disfigurement. Therefore, the State of Maharashtra was directed to make a fixed deposit of 75% of the total amount and 25% of the amount was directed to be credited to her savings account. The Secretary of MDLSA was directed to ensure free medical treatment to the petitioner, such as reconstructive surgery and rehabilitative measures.

Author: Papiha Ghoshal