Protection of Life and Liberty: Emergency Judicial Access and the Need for SOP Beyond Court Hours

General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations.

Amendment in the Rights of Persons with Disabilities Act: Legal Recognition and Rights for Victims of Forced Acid Ingestion

General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations.

Context

Acid attack is one of the most heinous, atrocious, and inhumane crimes against human society. Historically, in the legal and social framework, an 'acid attack' was viewed as limited only to throwing acid or other corrosive substances externally on the body or face. However, in the changing nature of crime, several cases came to light where victims were forcibly made to ingest acid for revenge or harassment. Despite the absence of visible external wounds, the irreversible damage caused to internal organs (such as the esophagus, stomach, and respiratory system) is far more fatal and painful than external disfigurement.

The recent information provided by the Central Government to the Supreme Court eliminates this historic legal distinction, bringing internal damage under the purview of complete legal and social protection.

What is the 'Rights of Persons with Disabilities (RPwD) Act, 2016'?

The 'Rights of Persons with Disabilities Act, 2016' is a landmark legislation enacted in India to ensure the rights, rehabilitation, reservation, healthcare, and social security of persons with disabilities.

• It replaced the earlier law of 1995 and increased the categories of disabilities from 7 to 21.
• Under this very law, 'Acid Attack Victims' were included specifically under the category of physical disability for the first time, granting them legal rights to government schemes, pensions, rehabilitation, and free medical assistance.

Reasons for Amendment and Current Developments

This amendment has been made to address a major loophole in the law.

• Existing Anomaly: Under the 2016 law, benefits were provided only to those individuals who were victims of acid throwing externally (on skin or face). Even when internal organs were destroyed due to forced acid ingestion, victims could not obtain a disability certificate or rehabilitation benefits under the 'RPwD Act, 2016'.
• Notification of Amendment: The Central Government issued a notification on May 22, 2026, amending the Schedule of the RPwD Act.
• Information in the Supreme Court: Solicitor General Tushar Mehta, appearing for the Centre before a three-judge Bench headed by Chief Justice of India Surya Kant, clarified that the definition has been expanded by amending the Act’s schedule.
• Retrospective Effect: This amendment will come into effect retrospectively. This means that victims who suffered internal injuries due to forced acid ingestion prior to May 22, 2026, will also be eligible to claim disability benefits and government assistance under this Act.

Major Provisions under the 'Rights of Persons with Disabilities Act, 2016'

Registered victims under this Act are provided with the following rights and facilities:

• Free Treatment and Surgery: Primary treatment, free reconstructive surgery, and long-term medical assistance in government and private hospitals.
• Reservation and Employment: Benefits of reservation in government jobs and educational institutions.
• Financial and Social Security: Financial assistance, pension, and skill development training under State Government schemes.
• Accessibility: Priority assistance in public places and health centers.

New Definition of Acid Attack Victim

Following the amendment to the Act, the definition of “Acid Attack Victim” has now been broadened as follows:

"Acid attack victim means any person disfigured or damaged externally or internally due to throwing, administering/ingesting, spilling, violent assault, self-infliction, or accident involving acid or other similar corrosive substances."

This new definition has done away with the distinction between external and internal disfigurement.

Historical Decision of the Supreme Court

Behind this amendment lay the firm stance and humanitarian intervention of the Supreme Court:

• Exercise of Article 142: In May 2026, the top court exercised its extraordinary powers while hearing arguments presented by the petitioners (represented by Senior Advocate Mukul Rohatgi).
• Court's Stand: The court observed that "Persons who have suffered the extreme agony of forcibly ingesting acid cannot be deprived of government benefits merely because their injury is not visible externally."
• Directions for Stricter Laws: The Supreme Court also indicated to the Central Government that strict changes should be made to penal and bail laws to punish the perpetrators of such "most ruthless and heinous" crimes.

Article 142 of the Constitution

Article 142 of the Indian Constitution grants extraordinary powers and plenary powers to the Supreme Court to pass orders for delivering 'Complete Justice'.

• Objective: If the existing law is silent or inadequate in a case, or if a victim is unable to receive justice due to procedural delays, the Supreme Court can exercise this article to issue an order or decree that is binding throughout the country.
• Relevant Application: In this case, without waiting for a formal legislative amendment, the Court ordered immediate relief for victims of forced acid ingestion under Article 142.

Other Important Legal Points

• Bharatiya Nyaya Sanhita (BNS), 2023: Under Section 124 of the 'Bharatiya Nyaya Sanhita' (BNS), both acts of throwing acid and administering/ingesting acid are recognized as offenses, carrying punishment ranging from 10 years of imprisonment to life imprisonment along with a fine.

• Previous Anomaly: In BNS, both acts were punishable offenses, but the RPwD Act, 2016 included only acid throwing. The new amendment has eliminated this contradiction between criminal law (BNS) and welfare law (RPwD Act).

Far-Reaching Impacts of This Change

• Broadened Scope of Justice: Now, even in cases of permanent damage to internal organs (such as the esophagus, stomach, etc.), victims will receive legal status as disabled persons.

• Easier Access to Medical Care: Cases of internal damage require complex surgeries and treatment lasting several years; victims will now have the right to free treatment.
• Economic Rehabilitation: Access to government schemes, pensions, and reservation benefits will enable victims to become self-reliant.
• Retrospective Relief: Due to the retrospective effect, victims of past cases have also become entitled to justice and financial assistance.

Major Concerns and Challenges

• Open Market Availability of Acid: Despite Supreme Court guidelines (Laxmi v. Union of India, 2013), the illegal and unregulated sale of concentrated acid and corrosive chemicals continues in the market.

• Assessment of Disability Percentage: Determining the percentage of disability in cases of internal damage is extremely complex, leading to administrative delays in issuing certificates to victims.
• Insensitivity of Hospitals: Many private hospitals still hesitate to provide free primary treatment.
• Judicial Delay: The slow pace of trials in courts and low conviction rates break the morale of victims.

Statistics According to NCRB Report

Status of acid attacks in India according to official data from the National Crime Records Bureau (NCRB):

• Conviction Rate: According to NCRB 2023 data, out of 703 cases pending in courts, convictions occurred in only 16 cases, while 27 cases ended in acquittals.
• Most Affected States: The highest number of cases were reported in states like West Bengal, Uttar Pradesh, and Gujarat.
• Unseen Cases: Non-governmental organizations estimate that due to social stigma and unrecorded police reports, the actual number of cases could be close to 1,000 annually.

Analysis

This amendment is a major step in Indian jurisprudence from 'procedural justice' toward 'substantive justice'. By doing away with the distinction between external and internal injury, the judiciary and executive have acknowledged that the severity of a crime is determined not by the location of the victim's physical wounds, but by the lifelong impact caused to their life. This decision is a milestone in the protection of human rights and the creation of an inclusive society.

Way Forward

• Strict Regulation: Digital monitoring and strict ID-verification-based rules should be implemented regarding retail sales of acid.

• Simplified Assessment Process: A special medical board should be constituted for individuals suffering from internal injuries to expedite and simplify the disability certification process.
• Fast-Track Courts: Time-bound fast-track courts should be operationalized for disposing of acid attack cases to ensure an increase in conviction rates.
• Comprehensive Rehabilitation Policy: Priority should be given not just to financial assistance, but also to providing psychological counseling and secure employment opportunities.

Conclusion

This amendment made by the Central Government in the RPwD Act, 2016, along with the Supreme Court's humanitarian intervention under Article 142, is not merely a legal reform, but a restoration of justice and human dignity. It sends a clear message that the justice system will not leave any victim helpless due to technical legal definitions. The need of the hour now is to ensure strict and sensitive implementation of this amendment on the ground so that every victim can receive dignity, rehabilitation, and swift justice.

India-US Defense Technology Partnership: The Gap Between Strategic Ambitions and Industrial Reality

General Studies Paper – III: Technology, Economic Development, Biodiversity, Environment, Security, and Disaster Management.

Amendment in Foreign Trade Policy (FTP) 2023: Ban on Imports of Goods Manufactured Using Bonded Labour (Forced Labour)

General Studies Paper – III: Technology, Economic Development, Biodiversity, Environment, Security and Disaster Management.

Context

Recently, the Directorate General of Foreign Trade (DGFT), under the Ministry of Commerce and Industry, made a historic amendment to India’s Foreign Trade Policy (FTP) 2023. Through this policy shift, India has completely prohibited the import of goods produced or manufactured using bonded labour or forced labour. This decision has been taken with the objective of complying with international labour standards and promoting ethical trade in the global supply chain.

Bonded Labour (Forced Labour)? According to Law and DGFT

An official definition of 'forced labour' has been established under the newly inserted Paragraph 11.64 in the Foreign Trade Policy 2023.

According to DGFT and International Labour Organization (ILO) Convention 1930 (No. 29):

"Forced labour refers to any work or service exacted from any person under the threat of any penalty or fine, and for which the said person has not offered himself voluntarily or of his own free will."

Key Provisions of DGFT:

• Complete or Partial Prohibition: Import of goods produced or manufactured, wholly or in part, through the use of forced labour shall be prohibited.

• Inquiry Process: The DGFT will conduct inquiries under the 'Handbook of Procedures, 2023', and based on the findings of such inquiries, the Government will notify specific goods under the import prohibition list.
• Effective Date: This notification shall come into effect 30 days after its publication in the official gazette.

Reasons for Being in the News

The primary and detailed reasons behind this amendment are as follows:

• US Section 301 Investigation: The United States Trade Representative (USTR) is conducting a Section 301 investigation against approximately 60 countries, including India, over concerns regarding the lack of a stringent legal framework to prevent forced labour.
• Threat of Proposed 12.5% Tariff: The USTR proposed imposing additional penal tariffs of up to 12.5% on Indian exports, alleging that India failed to effectively prohibit the import of goods made with forced labour.
• Deadline of US Section 122: India took this step to strengthen its legal position just weeks before the expiration of the 10% temporary tariff imposed under Section 122 of the US Trade Act.
• Facing Additional Investigation: India is also facing a separate Section 301 investigation by the USTR related to manufacturing overcapacity.
• Strict Regulations of the European Union (EU): The European Union is also enforcing 'Forced Labour Regulations' in its markets, where market access is increasingly being tied to ethical labour standards.

National and International Laws for Bonded Labour

National Laws (India):

• Bonded Labour System (Abolition) Act, 1976: Declares bonded labour illegal in India and provides for the rehabilitation of bonded labourers.
• Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: Prohibits hazardous and forced labour involving child and adolescent workers.
• Bharatiya Nyaya Sanhita (BNS) / IPC: Prescribes criminal penalties for human trafficking and illegal forced labour.
• Foreign Trade (Development and Regulation) Act, 1992: Under Sections 3 and 5 of this Act, the DGFT derives the authority to enforce this new import restriction.

International Laws:

• ILO Conventions No. 29 (1930) & No. 105 (1957): Pertain to the abolition of forced labour and its global prohibition in all forms.
• Universal Declaration of Human Rights (UDHR - Article 4): Prohibits slavery and servitude in all forms.
• Sustainable Development Goals (SDG 8.7): Global target to eradicate forced labour, modern slavery, and human trafficking by the year 2030.

Constitutional Provisions in India

• Article 23 - Fundamental Right: Prohibits human trafficking, begar (unpaid forced labour), and other similar forms of forced labour. Any contravention of this provision is an offense punishable in accordance with the law.

• Article 24: Prohibits the employment of children below the age of 14 years in factories, mines, or other hazardous occupations.
• Articles 39(e) & (f) (Directive Principles of State Policy - DPSP): Directs the State to protect the health and strength of workers and children, preventing their abuse and exploitation.
• Article 42: Directs the State to make provision for securing just and humane conditions of work.

Impacts

India and Bonded Labour

Historically, India has been committed to combating bonded labour. Although bonded labour was abolished by law in 1976, isolated cases continue to emerge in the unorganized sectors (such as brick kilns, textile manufacturing, and agriculture). Through this international policy amendment, India has sent a clear message that it is not only opposed to forced labour within its own borders but will also not permit goods manufactured through such exploited labour abroad to enter its domestic market.

Global Landscape

In modern global trade, "Human Rights and Supply Chain Due Diligence" have become central themes:

• US UFLPA (Uyghur Forced Labor Prevention Act): The United States has enforced extremely strict import prohibitions on goods linked to forced labour.
• EU's Corporate Sustainability Due Diligence Directive (CSDDD): Mandates global companies to adhere to labour standards throughout their entire value chain.
• Global Stance: Major economies worldwide are increasingly utilizing labour and environmental standards as non-tariff barriers.

Relevance of this Ban

• Diplomatic and Economic Security: Safeguarding Indian exporters from the financial risks associated with US trade sanctions (Section 301 Tariffs).

• Enhancement of International Image: Establishing India as a responsible and ethical global trade partner.
• Level Playing Field: Restricting foreign companies that distort the Indian market by producing low-cost goods using bonded labour.

Other Important Points

• Perspective of Global Trade Research Initiative (GTRI): According to GTRI, sectors such as cotton, textiles, solar-panel polysilicon, seafood, and electronics are the most sensitive regarding forced labour scrutinies.

• Authority to Inquire: The DGFT can initiate inquiries suo motu or based on received evidence, acting in accordance with the Handbook of Procedures.
• Partial Use Prohibited: Even if forced labour is used at a minor stage of the production supply chain, the entire finished product may fall under the prohibited category.

Analysis

This policy amendment by the DGFT is a mature example of India's strategic and ethical trade diplomacy. On one hand, this step serves as a legal shield to neutralize the pressure of the proposed US 12.5% penal tariff; on the other, it opens long-term avenues for Indian exporters in markets with strict compliance norms, such as the European Union. However, its ultimate success will depend on how transparently and efficiently the DGFT conducts supply chain investigations for imported goods.

Way Forward

• Robust Verification Mechanism: A transparent audit process and digital traceability system should be developed for the DGFT and customs authorities.

• Sensitization of Industries: Educating Indian importers and exporters on international supply chain due diligence regulations.
• Bilateral Dialogue: Maintaining continuous engagement with the US (USTR) and the EU to secure full exemptions from proposed Section 301 tariffs based on the new policy.
• Inter-Ministerial Coordination: Establishing better synergy among the Ministry of Labour, Ministry of Commerce, and Ministry of External Affairs.

Conclusion

This amendment made by the DGFT to the Foreign Trade Policy aligns India with international labour standards. It reflects not only India's commitment to its constitutional values and human rights, but also serves as a milestone in safeguarding the Indian economy against emerging tariff challenges in global trade.