What are the rights a person has under this law?

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.]

Survivors of acid attacks have the following rights under the law:

Right to Seek Medical Treatment

A survivor of an acid attack has the right to seek medical treatment in both government and private hospitals. The Supreme Court issued guidelines for acid attack crimes where they said that: ¹:

No hospital or clinic can refuse to treat acid attack survivors citing the lack of specialized facilities.
Government and private hospitals have to provide survivors with first-aid and medical treatment free of cost.

The court has placed the responsibility for the treatment and rehabilitation of survivors on the state government.² Additionally, it has expected states and union territories to take action against hospitals that refuse to treat acid attack survivors. ³

Right to File a Complaint

Acid attack survivors also have the right to file a complaint against the perpetrator. The complaint can also be filed by the survivor’s relative, friend or acquaintance, any person who has witnessed the crime, or any person who comes to know of the crime. To see a list of other persons who can file the complaint, see here.

The complaint filed is known as a First Information Report (“FIR”). The FIR is a document that contains the information that a police officer fills out when she gets information on the commission of a cognizable offence. To learn how to file an FIR, you can read our explainer on ‘How to file an FIR’.
An FIR can be filed at any police station, regardless of whether it has jurisdiction over the commission of the crime or not. This information will then be transferred to a police station with the requisite jurisdiction. This concept is generally known as a zero FIR. To understand more about zero FIRs, you can read our explainer on ‘Where can FIR be Filed’.

Right to Compensation

Acid attack survivors have the right to seek compensation from the state government. The Victims Compensation Scheme that was drafted by the National Legal Services Authority, was approved by the Supreme Court in 2018. It provides for mandatory compensation for survivors of acid attacks as well as sexual crimes including sexual assault, murder, kidnapping etc. Apart from compensation under this scheme, the survivor receives the fine amount that the perpetrator pays for committing the crime which is charged by the Court.

Various state governments have formed Victim Compensation Schemes for acid attack survivors. Keeping in mind that there is a lack of uniformity in the state schemes, and the amount of compensation specified in most of these schemes is too low, the Supreme Court stated that:

The minimum amount of Rupees 3 lakh must be provided by the state government to every survivor. This is the minimum amount, and the state government can provide a higher amount, where necessary. ⁴
Any compensation amount must factor in not only the survivor’s physical injuries but also their inability to lead a full life. ⁵
The Chief Secretary/ Administrator of the state/UT concerned must ensure that this amount is paid. ⁶

Given below are the list of State Victim Compensation Schemes in India:

State	Name of the Scheme
Arunachal Pradesh	Arunachal Pradesh Victim Compensation Scheme, 2011
Assam	Assam Victim Compensation Scheme, 2012
Bihar	Bihar Victim Compensation Scheme, 2011
Chattisgarh	Chattisgarh Victim Compensation Scheme, 2011
Chandigarh	Chandigarh Victim Assistance Scheme, 2012
Dadra and Nagar Haveli	Dadra and Nagar Haveli Victim Assistance Scheme, 2012
Daman and Diu	Daman and Diu Victim Assistance Scheme, 2012
Delhi	Delhi Victim Compensation Scheme, 2015
Goa	Goa Victim Compensation Scheme, 2012
Gujarat	Gujarat Victim Compensation Scheme, 2013
Haryana	Haryana Victim Compensation Scheme, 2013
Himachal Pradesh	Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012
Jammu and Kashmir	Jammu and Kashmir Victim Compensation Scheme, 2013
Jharkhand	Jharkhand Victim Compensation Scheme, 2012
Karnataka	Karnataka Victim Compensation Scheme, 2011
Kerala	Kerala Victim Compensation Scheme, 2014
Lakshadweep	Lakshadweep Victim Assistance Scheme, 2012
Manipur	Manipur Victim Compensation Scheme, 2011
Meghalaya	Meghalaya Victim Compensation Scheme, 2014
Mizoram	Mizoram Victims Compensation Scheme, 2011
Maharashtra	Maharashtra Victim Compensation Scheme, 2014
Madhya Pradesh	Madhya Pradesh Victim Compensation Scheme, 2015
Nagaland	Nagaland Victim Compensation Scheme, 2012
Odisha	Odisha Victim Compensation Scheme, 2012
Puducherry	Puducherry Victim Assistance Scheme, 2012
Punjab	Punjab Victim Compensation Scheme, 2017
Rajasthan	Rajasthan Victim Compensation Scheme, 2011
Sikkim	Sikkim Compensation to Victims or his Dependents Scheme, 2011
Tamil Nadu	Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018
Tripura	Tripura Victim Compensation Scheme, 2012
Uttar Pradesh	Uttar Pradesh Victim Compensation Scheme, 2014
Uttrakhand	Uttarakhand Victim from Crime Assistance Scheme, 2013
West Bengal	West Bengal Victim Compensation Scheme, 2012

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

Laxmi v Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].[↩]
Parivartan Kendra v Union of India and others, (2016) 3 SCC 571 [29][↩]
Laxmi v Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].[↩]
Laxmi v Union of India and Others, (2014) 4 SCC 427 [13], [14]; Parivartan Kendra v Union of India and others, (2016) 3 SCC 571 [20], [21].[↩]
Parivartan Kendra v Union of India and others, (2016) 3 SCC 571 [20], [21].[↩]
Laxmi v Union of India and Others, (2014) 4 SCC 427 [14].[↩]

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Andhra Pradesh

Girl Child Protection Scheme

The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

More information on this scheme can be found here.

Bangaru Thalli Scheme

Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

Assam

Manjoni Scheme

Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

More information on this scheme can be found here.

Bihar

Mukhyamantri Kanya Suraksha Yojana

Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

At birth: Rs 2000
Age 1 upon issuance of Aadhar card: Rs. 1000
Age 2: Rs. 2000
Passing 12th grade: Rs. 10,000
Graduation: Rs. 25,000

These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

Goa

MAMTA scheme for girl child

With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

There is an online application for this scheme. More information on this scheme can be found here.

Gujarat

Kunwarbai Nu Mameru Yojana

The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

More information on this scheme can be found here.

Haryana

Laldi Scheme

The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

More information on this scheme can be found here.

Himachal Pradesh

Indira Gandhi Balika Suraksha Yojana

Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

Beti Hai Anmol Yojana

Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

More information on this scheme can be found here.

Jammu and Kashmir

Ladli Beti Scheme

Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

More information on this scheme can be found here.

Jharkhand

Ladli Lakshmi Yojana

Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

Karnataka

Karnataka Bhagyashree Scheme

With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

The girl child gets a health insurance cover of upto Rs. 25,000 per month
The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

Kerala

Education Assistance to Women Headed Families

The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

More information on this scheme can be found here.

What are the rights a person has under this law?