Factual Matrix
In the Matter at hand Shaheen Malik v. State NCT of Delhi The petitioner has filed a Public Interest Litigation to completely outlaw the selling of acid over-the-counter at retail establishments throughout Delhi. The petitioner, a victim of an acid assault, was a committed activist working hard to support acid attack victims with aftercare, rehabilitation, legal options, and compensation claims. The petitioner filed a Public Interest Litigation to get instructions for a complete ban on the over-the-counter sale of acid in retail establishments throughout Delhi as part of his efforts to safeguard the public from being victims of such barbaric crimes.
Analysis of Court order
The Delhi High Court’s Division Bench, composed of Justice Satish Chandra Sharma and Justice Sanjeev Narula, rejected the proposal to outright outlaw the sale of acid and stated that acid has many valid uses and applications in a variety of sectors. The Court additionally ruled that the State must concentrate on enforcing the current laws and standards regulating the transaction.
The Court recognised the significance of the problem brought up by the petitioner and other rulings by the Supreme Court that benefited victims of acid attacks. It emphasised the requirement for a thorough analysis of current legal systems and a serious assessment of their potential efficacy. To reconcile the legal uses of acid for industrial and other regulated purposes with the public’s safety, the Court emphasised the necessity for careful consideration. It highlighted the necessity for strict adherence to current laws and regulations while recognising the diverse acceptable uses of acid and its applications in various sectors. The Court encouraged the government to make sure that current legislative frameworks are implemented correctly and that noncompliance is dealt with quickly. The state authorities might have a deterrent impact and promote adherence to the 2015 Rules by enforcing strong penalties against anyone involved in unlawful acid sales or abuse. A proactive strategy would make it apparent that offenders will be held accountable for their conduct.
The Court ordered the government to carry out thorough empirical research to evaluate the probable effects of an outright ban on acid on various sectors, people, and enterprises. Understanding the effect on the industry, other legal applications of acid, and public safety would be made easier by an evidence-based approach. In order to ensure appropriate addressing and consideration of alternatives, the Court offered the petitioner freedom to approach the Court again if infractions persisted. The petitioner’s dedication to justice, rehabilitation, and societal support for acid attack survivors was recognised by the court. The court expressed its hope that the government and Delhi Police will treat the situation seriously and decisively. The petition was dismissed by the court with the petitioner’s freedom.
CASE NAME – Shaheen Malik v. State (NCT of Delhi), W.P. (C) 1501 of 2020