Activists Point Out Legal Loopholes in Acid Attack Case Against Syrian Refugee Family | Delhi News – Times of India

NEW DELHI: In the case of a group of locals allegedly throwing an acidic substance on a Syrian refugee and his 11-month-old son in west Delhi’s Vikaspuri, rights activists have pointed out loopholes in the FIR that has been registered after one person was arrested in the case.
On Tuesday, TOI had reported how a group of locals in Vikaspuri had allegedly thrown some corrosive substance on Rafat, a Syrian refugee and his 11-month-old son on Sept 30.
Rafat, a Syrian according to his passport, his wife, Marisa, 26, a native of Thailand, and their son, have been living on the road outside the office of the United Nations High Commissioner for Refugees (UNHCR) in Vikaspuri.
The locals opposed their stay there. On Sept 30, when Marisa went to use a public toilet nearby, a group assaulted Rafat and his son, the family has claimed.
On Wednesday, the infant and his father were discharged from Safdarjung Hospital. An NGO which works with acid attack survivors assisted the duo in being taken to a private hospital.
According to the discharge summary report from Safdarjung Hospital, the baby has received second degree burns on the face, shoulder and arm and is unable to open his eyes properly after being affected by the chemical attack.
The admission report from the private hospital, also accessed by TOI, had a similar summary. It says, “Second degree burns due to acid attack.”
As per the FIR accessed by TOI, a case has been registered under the Bharatiya Nyaya Sanhita’s sections 115 (causing hurt to people),124(2) (grievous hurt using acid or similar substances and 3 (5) (multiple people working together to commit a crime).
Lawyer Ali Zia Kabir of Brave Souls Foundation contended that the right section of BNS hadn’t been invoked in the FIR. “The FIR cites section 124 (2) of BNS instead of 124(1),” Kabir pointed out. “Under Section 124(2), if one throws or attempts to throw acid with the intention of causing hurt, the punishment prescribed is jail for 5 to 7 years. However, if the acid is thrown and the injuries have actually occurred due to the acid being thrown, then under Section 124(1), punishment for such a crime ranges from 10 years in jail to life imprisonment. Clearly in the present case, not only was acid thrown at the two individuals, but the father and, more particularly, the child also suffered actual hurt. The medical documents reveal second degree deep burns on the chest and shoulder. The boy had to be admitted to ICU and may require skin graft surgery. In such a scenario, therefore, 124(1) is obviously applicable.”
Shaheen Malik, an acid attack survivor herself and the founder of Brave Souls Foundation, added, “Police told the media that phenyl was used, not acid. We have all used phenyl in our homes. What kind of phenyl causes such severe burns that one has to be admitted to a hospital? Why is the DCP attempting to minimise the gravity of the crime?”
Rights activists demanded that police take the matter more seriously and get the family justice immediately and only this would act as a deterrent in preventing such crime against citizens. The activists also demanded that the cops reveal the identity of the accused and the arrested person.
TOI reached out to Delhi Police for a response on the matter, but there was no reaction till the time of filling the story. As per the previous information, one person named Ramesh has so far been arrested for the attack on the refugee family.