Lok Sabha Question No. 1752 (UNSTARRED), answered on 2018-03-06
Subject: ID Proof to Purchase Acid
Ministry: HOME AFFAIRS
Asked by: FEROZE VARUN GANDHI

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1752

TO BE ANSWERED ON THE 06 TH  MARCH, 2018/ PHALGUNA 15, 1939 (SAKA) ID PROOF TO PURCHASE ACID

1752. SHRI FEROZE VARUN GANDHI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  has  made/proposes  to  make  it  compulsory  for display of licence/identity proof while purchasing of corrosive acids;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) the details of the measures developed to reduce unauthorised sale of acid in the country;
- (d)  whether  the  Government  has  set  up  the  Central  Victim  Compensation Fund to treat victims of acid attacks on cashless basis; and

(e) if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (c): In pursuance to the judgement of Hon'ble Supreme Court of India in  the  matter  of  Writ  Petition  (Crl.)  No.  129  of  2006  Laxmi  vs.  U.O.I.,  draft Model Poison Rules 2013 were formulated by the Ministry of Home Affairs and the same were circulated to all State Governments/Union Territory Administrations though a Ministry of Home Affairs' advisory which is available at www.mha.gov.in.

Vide  the  aforementioned  communication,  Ministry  of  Home  Affairs  had advised all States/ UTs to prepare Poison  Rules and  requested  the following

## LS.US.Q.No.1752 FOR 06.03.2018

actions would need to be taken immediately in the State/UT, where rules to regulate  sale  of  acid/corrosive  substances  are  not  operational,  to  regulate the  existing  sales,  through  wide  publicity  in  the  media  including  in  local language:

- i. Banning  over  the  counter  sale  of  acid/corrosives  unless  the  seller maintains  a  logbook/register  recording  the  sale  of  acid  which  will contain the details of the person(s) to whom acid(s) is/are sold and the  quantity  sold.  The  log/register  shall  also  contain  the  address  of the person to whom it is sold.
- ii. A sale will be made only when the buyer produces a photo ID issued by  the  Government  which  also  has  the  address  of  the  person  and proves that he/she is above 18 years of age.
- iii. The  logbook/register  should  also  specify  the  reason/purpose  for procuring acid.
- iv. All stocks of acid must be declared by the seller with the concerned Sub-Divisional  Magistrate  (SDM)  within  15  days  and  in  case  of undeclared stock of acid, it will be open to the concerned SubDivisional Magistrate to confiscate the stock and suitably impose a fine on such seller up to Rs. 50,000/-.
- v. The  concerned  SDM  may  impose  a  fine  up  to  Rs.50,000/-  on  any person who commits breach of any of the above directions. Educational institutions, research laboratories, hospitals, Government

## LS.US.Q.No.1752 FOR 06.03.2018

Departments  and  the  departments  of  Public  Sector  Undertakings, which are required to keep and store acid/corrosive, shall maintain a register  of  usage  of  acid  and  the  same  shall  be  filed  with  the concerned SDM.

- vi. A  person  shall  be  made  accountable  for  the  possession  and  safe keeping of acid in their premises. The acid shall be stored under the supervision of this person and there shall be compulsory checking of the  students/  personnel  leaving  the  laboratories/place  of  storage where acid is used.

'Police' and 'Public Order' are State subjects under the Seventh Schedule to the  Constitution  of  India.  The  responsibilities  to  maintain  law  and  order, protection  of  life  and  property  of  the  citizens  rest  primarily  with  the respective  State  Governments.  The  State  Governments  are  competent  to deal with such offences under the extant provisions of laws.

(d) & (e): As  per  Section  357A  of  Cr.P.C.,  every  State  Government  in Coordination with the Central Government shall prepare a victim compensation scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. All the State/Union Territories have notified victim compensation scheme in their respective State/UT. Under the Central  Victim Compensation  Fund  (CVCF)  scheme,  financial assistance of

## LS.US.Q.No.1752 FOR 06.03.2018

Rs. 200 Crores, as one time grant, has been released to all the States/UTs in 2016-17  to support their  respective  State  Victim Compensation  Scheme. A minimum compensation of Rs 3.00 lakh has been prescribed for victim of acid attack  under  this  scheme.  Ministry  of  Health  and  Family  Welfare  has  also issued necessary  instructions  to all the States/UTs  for providing free treatment to the acid attack victim including medicines, food, bedding and reconstructive  surgeries.  Further,  under  Prime  Minister's  National  Relief Fund,  (PMNRF),  Rs  one  lakh  in  addition  to  the  compensation  under  State Victim Compensation Scheme, is also being provided by Prime Minister Office to the acid attack victim since 8-10-2016.

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