Legal recourse

ASTI also focuses on legislation and policies concerning acid attacks, and works with local police in some countries to bring about change. It is a challenging task.

According to Trask, many of the countries that ASTI works with have laws against such attacks but their cultures and weak legal systems hamper the implementation of those laws. "If there was a stronger legal environment, I expect to see some reduction of cases," he says.

Fortunately, Malaysia has a set of laws to punish acid attack perpetrators of acid attacks, and lawyer Harjeet Singh says it is adequate.

"There are sufficient provisions of law under the Corrosive and Explosive Substances and Offensive Weapons Act 1958 and also the Penal Code (revised 1997), Section 323, 324 or 326, for the prosecution of such offenders," said criminal lawyer Harjeet Singh.

Under the Penal Code, the degree of punishment is determined by the severity of the victim's injuries.

"If there's just mere hurt' ? let's say a person throws acid and it (injures) the hand or leg but does not disfigure a person as far as the face or head is concerned, then it comes under Section 324," said Harjeet.

A person charged under Section 324 could be imprisoned for up to three years, or be fined or whipped, or both.

However, if the victim suffered "grevious hurt", defined under Section 320 as "permanent disfiguration of the head or face", the guilty party will be charged under Section 326 which carries "imprisonment for a term which may extend to 20 years, and shall also be liable to a fine or to whipping."

Harjeet adds: "Under the Corrosive and Explosive Substances and Offensive Weapons Act 1958, if a person is found to be in possession of a corrosive substance for the purpose of causing hurt, he can be charged under Section 3 for a term not exceeding three years or to whipping. And if he uses corrosive substances as a weapon, he is charged under Section 4 which is punishable for seven years imprisonment."

Survivors of an acid attack can, under civil law, sue their assailants for damages.

"If there's a remedy for cosmetic surgery he can claim the cost - estimated by a cosmetic surgeon - from the assailant, including damages for pain and suffering and loss of amenities.

"If the (victim) cannot sue the person (due to financial constraints), she can seek legal assistance through the Biro Bantuan Guaman and the Malaysian Bar Council's legal aid centres."

The enforcement of these laws is adequate, says Harjeet.

"If the victim is able to identify the assailant, I see no reason why the police should not take any action. I have not heard of any incident so far where the victim is able to identify the assailant but the police does not charge him." Not doing so might entail action by the police disciplinary section for failure to carry out their duty, he adds.

One can even write to the Attorney-General. Should he find that no action has been taken by the police, the Attorney General has the option to review the investigation papers and may even charge the wrong-doer