Saira Rahman

(Ed. note: The writer is an assistant professor at the School of Law of BRAC University in Bangladesh.)

"I never wanted to look into a mirror again."

"Why do people think it is my fault?"

"The pain was unbearable, and I wanted to die."

"I am afraid to go home because the person who did this to me is still roaming free."

"I am only 15, and I want to go back to school."

Such are the words of girls and young women who have been victimised with acid. Needless to say, the flinging of acid on the face and body of a person is truly a heinous, vengeful and calculated act. It leaves both physical and mental scars that will usually remain with the person for life. The victim will always be in pain. A large majority of the women who have fallen victim to this violence are those who have rejected marriage proposals and proposals for sexual relationships. To date, the perpetrators of acid violence have always been men.

What makes a man so vindictive though that he must throw acid on a person in order to seek revenge? Are there any socio-cultural factors that affect the male members of society to such an extreme that acid violence is the only way in which to resolve a dispute? Why is it that in a group of friends only one will think of throwing acid? Although there is no concrete evidence as to what compels a person to throw acid, if we look at the tool used, we see that it is comparatively cheaper than a knife or gun, it can be thrown from a distance - thus avoiding proximity and giving the perpetrator time to flee the scene - and the result is painfully permanent. The perpetrators are primarily unemployed, frustrated youth whose idle minds, due to a lack of recreational facilities in rural Bangladesh, sometimes become the "devil's workshop." If such a youth is rejected by a young woman, this refusal might be construed as an insult to his masculinity, and this moment is when acid may seem to be the most effective means to make the girl remember her "mistake." The concept of women as chattel or objects is sadly still deeply ingrained in the patriarchal society of Bangladesh. The fact that the perpetrator has the time to buy the acid and make a plan on how to administer it shows the cold-blooded nature of the crime.

What happens though when a person is attacked with acid?

Unless treated with water immediately after the attack, acid corrodes the skin, burning its way down to the bone. In some instances, the bone also melts away. Needless to say, the pain is excruciating. Treatment is also painful as the burnt upper layers have to be gently peeled away to allow for healthy scar tissue to form. There is always the fear of infection, and victims who have large areas of their bodies burnt are rendered immobile.

Unfortunately, acid is readily available as it is openly sold in chemist and homeopathy shops and local medicine dispensaries and can be found in goldsmith workshops and shops selling and repairing car batteries. It is also openly sold near tannery factories. Despite the law, there are no regulatory checks on the trade in acid and other corrosive substances, and those selling the liquid ask no questions. There is even allegedly a good trade in cross-border smuggling in acid, which may contribute to the high rate of acid violence in the border districts.

The Laws Related to Acid Attacks

The president of Bangladesh approved the Acid Control Act of 2002 and the Acid Crime Control Act of 2002 on March 17 of that year. The laws were promulgated to meet the demands that acid crimes be controlled and perpetrators receive swift punishment and that the trade in acid and other corrosive substances be regulated by legal checks and balances to prevent their easy accessibility.

A lot of thought was given to the drafting of these laws, especially in the area of compensation to the victim, carelessness of the investigation officer, bailability, the magistrate's power to interview at any location, medical examinations and protective custody, the setting up of an acid crime control council at the national level and acid crime control committees at the district level, establishing rehabilitation centres, licenses for the trade in acid, etc.

According to the Acid Crime Control Act, acid crimes are rigorously controlled by mandating stringent punishment ranging from between three years and 15 years and a hefty fine to life imprisonment and even capital punishment. The variations of punishment depend on the gravity of the crime. For example, if the victim dies due to the crime or totally or partially loses their sight or hearing or both or "suffers disfigurement or deformation of face, chest or reproductive organs," the punishment is the death penalty or life imprisonment. Interestingly enough, the act provides that if the Acid Crime Control Tribunal feels that the investigating officer has lapsed in his duty in order to "save someone from the liability of the crime and did not collect or examine usable evidence" or avoided an important witness, etc., the former can report to the superior of the investigating officer the latter's negligence and may also take legal action against him.

The Acid Control Act has been introduced to control the "import, production, transportation, hoarding, sale and use of acid and to provide treatment for acid victims, rehabilitate them and provide legal assistance." The National Acid Control Council has been established under this act with the minister for home affairs as its chairperson. Under this council, committees at the district level have been formed, albeit only in six or seven districts to date. Members of the council include the minister for women and children affairs, secretaries from the Ministries of Commerce, Industry, Home Affairs, Health and Women and Children Affairs and representatives from civil society as specifically mentioned in the law. This allows for a broad spectrum of representation. More importantly, according to this law, businesses dealing with acid need a license to do so, and the government has created a fund to provide treatment to victims of this violence and to rehabilitate them as well as to create public awareness about the negative effects of the misuse of acid.

The Reality in Bangladesh despite the Law

Despite the Acid Laws of 2002, why do annual figures on reported incidents of acid violence continue to stay above 300 with between 70 percent and 85 percent of the victims being women? Why is it still so easy to procure acid and sell it openly without a license? According to studies carried out by the Acid Survivors Foundation (ASF), there are several reasons for this phenomenon and for why the law is not being implemented properly.

First of all, a separate, modern investigation department with trained investigators in the police force has not yet been created, and overburdened police are unable to carry out their investigation duties properly. This lack of trained resources may result in hurriedly written reports and an inefficient investigation. Many non-governmental organisations (NGOs) have called for the formation of a separate department, but these pleas fall on seemingly deaf ears. Furthermore, there is a lack of follow-up efforts as to whether businesses are procuring licenses for the sale and trade of acid.

In addition, doctors are unable to identify acid burns due to a lack of training, medical certificates are not clear and sometimes vital information is not noted down, thus weakening the evidence. Furthermore, many doctors are reluctant to go to court to give evidence. A lack of judges and judicial officers in the lower courts causes delays in the hearings as well, and consequently, cases are either not heard on time or remain pending.

Many of the above findings are applicable to other sectors where the inability or unwillingness to implement the law causes serious damage in matters pertaining to violence against women, such as rape and dowry-related violence. Why then are steps not being taken to rectify the matter? Issues of violence against women still remain in a medieval-like era in the country. NGOs are creating awareness against acid violence and the social and legal repercussions it has. The government is now legally bound to act under the 2002 Acid Laws. A great deal of power has been given to the National Acid Control Council, and it must boost its activities and not wait for NGOs to prompt it into action. Until these measures bear more visible results, the people of Bangladesh, and especially its women, will continue to suffer from acid violence.