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Synopsis

The Delhi High Court on Thursday directed the Delhi government to ensure “proper implementation of the existing legal framework” on ban on the sale of acid and take swift action against the offenders.

The division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula observed that an outright ban on the sale of acid may not be the “appropriate approach”.

The court was hearing a PIL seeking directions for a total ban on over-the-counter sale of acid in retail stores across the city.

“A total ban could have unintended consequences, affecting sectors where acid is responsibly and safely utilized. Therefore, striking a balance between public safety and the legitimate uses of acid for industrial and other regulated purposes is crucial”, the division bench said.

The court said that acid serves various legitimate uses and applications in different industries, and a blanket prohibition could inadvertently affect businesses and individuals who require it for lawful purposes. “At the same time, we must and do acknowledge the threat posed by uncontrolled acid sales and the need for stringent measures to prevent such heinous crimes”, it said.

“Therefore, on the basis of material before us, we are of the opinion that an outright ban on the sale of acid may not be the most appropriate approach”, the court opined.

Instead, the court suggested that the State must focus on “stringent implementation” of the existing rules and regulations governing the sale. By enforcing 2015 Rules with full rigor, the authorities can effectively regulate the sale of acid and prevent its misuse for criminal purposes, said the court.

“This approach would balance the concerns addressed by the Petitioner with the need for safeguarding the legitimate needs of various industries and individuals”, the bench said.

Further, court directed the Delhi government to conduct a “comprehensive empirical study”, aimed at assessing the potential consequences of a complete ban on acid sale on various sectors, individuals, and businesses.

“Adopting an evidence-based approach will enable the State to better understand the existing policy, the ramifications of changes advocated by the Petitioner, and ascertain its impact on public safety, industry, and other legitimate uses of acid. The study should analyse the historical data on acid-related incidents and also examine the effectiveness of past regulations and their impact on reducing incidence of acid attacks”, the court said.

Court also said that based on the findings of the empirical study, GNCTD can analyse and identify any gaps or shortcomings in the existing regulatory scheme and take a well-informed decision.

“By enforcing 2015 Rules with full rigour, the authorities can effectively regulate the sale of acid and prevent its misuse for criminal purposes. This approach would balance the concerns addressed by the Petitioner with the need for safeguarding the legitimate needs of various industries and individuals”, the court noted.

The Standing Counsel for GNCTD, Santosh Kumar Tripathi assured that the State is implementing the 2015 Rules “strictly” and drew the court’s attention to the reports received from Districts/ Units, indicating that 50 FIRs were registered with the Delhi Police between January 1, 2022 and May 20, 2023 against persons found selling acid illegally, in contravention of the applicable guidelines.

However, the bench said that “assurance alone is not enough”, and that the issue demands “continued vigilance and proactive measures”.

“The 2015 Rules incorporate provisions that permit sale of acid to vendors who are licensed at the discretion of the licensing authority. The license is issued only to applicants who demonstrate compliance with the stipulated provisions. These provisions must be diligently and strictly enforced, and the State must ensure effective safeguards to ensure that acid does not fall into the hands of offenders”, the bench said.

It further said that by imposing strict penalties on those found to be involved in the illegal sale or misuse of acid, the State authorities can create a “deterrent effect” and encourage compliance with the Rules. “Through strict regulation and monitoring of sale by the law enforcement agencies, the likelihood of occurrence of acid attacks can be significantly reduced. Adopting such a proactive approach will send a clear message that perpetrators will face consequences for their actions”, it added.

The court also clarified that its decision should not be construed as a complete closure to the debate on the issue.

“We grant the Petitioner the liberty to approach this Court again in case breaches in implementation of the regulations continue, even after a reasonable period of time. By granting this liberty, we endeavour to ensure that the Petitioner’s concerns are adequately addressed and there is room for further exploration of alternatives, if the need arises”, the court ordered.

Case Title: Shaheen Malik v. State of GNCTD through Prinicipal Secretary & Ors.