On acid attacks

Some weeks ago I argued in this space that we need to celebrate Ms Chinoy’s Oscar because it stood for candour and openness when it comes to confronting difficult issues. I had also argued that her film will force the society to confront an issue that it has often ignored. Cinema can be a powerful medium because it puts issues on a platform and forces us to acknowledge them. Unlike ever before, Pakistani media is now discussing the crime of acid attacks. The heart wrenching story of Ms Fakhra is a part of this. If injustice needs a face to affect our lives and to force us into action then I hope and pray that her story, among others, gives us a much needed wake up call.
Acid attacks on women are a horrific crime. However, contrary to what most prime time television commentators would have you believe this problem is not limited to Pakistan. I am all for criticising the failings of my own country but painting it as a place filled with animals in complete ignorance of context is getting rather boring. Till recently, Bangladesh had the highest number of per capita acid attacks against women. The problem also exists to a significant degree in India, Uganda and Cambodia among others. Patriarchy or injustice against women is not limited to Pakistan. This also concedes, however, that the problem does exist to no small degree in Pakistan.
Criminalisation of acid attacks through the insertion of a specific offence in the Pakistan Penal Code is a positive step and yet in many ways it represents the failings of the state. Making something a crime through legislation can help but it should never be seen as the ultimate panacea for a serious problem in a country like ours. Murder is a crime—that doesn’t stop people from killing each other, right? Criminalising such heinous acts is perhaps a necessary step but the devil, as they say, is in the details—and by details here I mean enforcement and an attention to what matters for victims.
The provisions that criminalise acid attacks, while laudable in many ways, suffer from vagueness in ways important. The minimum fine is to be a million but there is no mention of the maximum. This could expose the law to constitutional challenges—both at a general and at an as-applied level. Furthermore, the law makes no mention of who will receive the fine. One presumes from the way the law is drafted that the fine will go to the state. This represents a basic flaw if the aim was to help the victims. Victims of acid attacks suffer harm at many levels—this includes but is not limited to the physical, psychological and financial. A law genuinely aimed at providing redress to victims of such a crime should have provided for the fine to be paid to the victims.
I do not mean to suggest that acid attacks are a crime solely against women. We know of a number of instances where men have suffered acid attacks from both men and women. However, it is important to recognise that acid attacks do have a gender based dimension. A majority of those affected are women. This crime represents another facet of a patriarchal mindset which treats women as lesser beings and as an object to be used and punished if the “need” is felt. Changing this mindset will involve a long-term focus. This includes awareness campaigns as well as sensitising our children to gender based violence through reform of school curriculum.
It is also worth pointing out that while the law regarding acid attacks has been reformed, the law regarding sale and purchase of such substances deserves attention too. United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances recognises the dangers that arise from lack of regulation in this regard. The law on the sale and purchase of such substances should impose burdens on both the buyer and the purchaser. Any unregulated sale and purchase of these substances must also be punished. And by punishment I do not mean jail sentences. We need to impose financial penalties. Money coming out of their pockets is what hurts people and these funds can be routed to victims whenever acid attacks involve sale or purchase of such substances in violation of the law.
Many acid attacks against women go unreported. This issue needs to be addressed as well. One possible solution to this is for the government is to use a public-private partnership to establish women protection centres in every union council. These centres should have hotlines, accessible by phone, email and SMS which people can use to anonymously report an attack which can then be investigated with the help of police.
After the 18th Amendment, provinces have greater legislative competence over criminal laws. They also need to recognise and examine gender based violence in its multiple forms and take effective action against it. Establishing legal aid cells to help the most vulnerable in society is not just incumbent upon all provincial governments but also bar associations.
In a few short months I will return to Pakistan. My greatest motivation is that if I am worth my salt as a lawyer then I will always have a fight on my hands—a fight that can improve the lives of people. The millions who struggle and suffer need all of us to take up issues that affect them.

The writer is a Barrister and an Advocate of the High Courts. He is currently pursuing his LLM in the USA and can be reached at [email protected]. Twitter: @wordoflaw