SC Says Acid Sale Guidelines Have ‘Miserably Failed’, Questions Centre Over Rising Attacks

The Supreme Court has strongly criticised the Centre over the continued occurrence of acid attacks in India, saying existing guidelines have failed to prevent the misuse of acid and that issuing directions to states without ensuring their implementation is not enough.

A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, on Tuesday asked the Centre to take responsibility for enforcing restrictions on acid sales and ensure that states follow the rules. The court said repeated attacks despite the guidelines showed serious gaps in the system.

“Despite your guidelines, unfortunate incidents are taking place,” the bench observed, questioning why the Centre had not demanded explanations from states where acid attacks continued to occur. It said the government could not simply issue circulars and leave the entire responsibility to state authorities.

The court pointed out that loopholes in the existing system were being exploited, allowing acid to remain accessible despite restrictions on its retail sale. It stressed that the Centre and states must work together to close these gaps and establish accountability among officials responsible for enforcement.

The bench also asked the Centre to show whether it had issued any notices to states seeking explanations for continued attacks despite the guidelines. It said official instructions, however strongly worded, would have little impact without effective monitoring and action against those responsible for violations.

Appearing for the Centre, Additional Solicitor General Archana Pathak Dave told the court that detailed guidelines had been circulated to states and that rules had been framed, but their implementation remained weak.

The Supreme Court directed the Centre to file an affidavit listing the measures needed to prevent the misuse of acid, which remains available in the market.

The court had earlier flagged an alarming rise in what it described as barbaric acid attacks and suggested that the government consider tougher punishments. It also raised the possibility of shifting the burden onto the accused to prove their innocence.

The observations came during the hearing of a public interest litigation filed by acid attack survivor Shaheen Malik, who has sought recognition of acid attack survivors as persons with disabilities so they can access relevant welfare schemes.