Bombay High Court: Avoid cap on compensation for acid attack victims

The Bombay High Court has directed the state government to release funds under the compensation scheme for acid attack victims on a case-to-case basis, without limiting the amount to Rs 3 lakh, as the needs of acid attack victims differ from those have suffered sexual assault.

A division bench of justice VM Kanade and justice PR Bora also reminded the government last week to ensure acid attack victims, who have to undergo several surgeries at different times of their recovery, should undergo them at government hospitals as opposed to private hospitals.

"JJ and KEM hospital doctors are not driven by money, but are service oriented. Moreover, they have vast experience" the court said.

The HC has also directed the state government to consider formulating a policy to ensure that a cap is not imposed under the Manodhariya scheme for compensation to these victims."We have seen a case where the victim had to undergo surgeries at different times, and private hospitals asked around Rs 10 lakh. But, the same operation was conducted for Rs 1 lakh at J J Hospital, so a cap should not be levied," the court said. Additional government pleader AI Patel submitted a communication by the Additional Chief Secretary (Home) referring a proposal for extending exception in acid attack victims cases to the Cabinet. Patel said a decision would soon be taken.

The direction was given during the hearing of a petition filed by a victim Daulatbi Khan and her sisters, who were attacked by their eldest sister and her husband in 2010, seeking enhanced compensation.