'97 Laws Have Provisions Discriminatory Towards Leprosy-Affected Persons': NHRC Tells Supreme Court; Gives Recommendations

The National Human Rights Commission recently informed the Supreme Court that there are 97 existing laws at the Central/State level which contain provisions discriminatory towards leprosy-affected persons.

A bench of Justices Surya Kant and Joymalya Bagchi was dealing with a PIL initiated in 2010, where it had directed the States to form a Committee to identify provisions in various laws, etc. which discriminate against leprosy-affected or cured persons, and take steps for their removal so that they conform with constitutional obligations.

Insofar as the National Human Rights Commission was found to have independently examined the issue, the Court had ordered that the Secretary of NHRC shall furnish the details to the Court after getting approval from NHRC Chairman.

On November 12, Senior Advocate Gopal Sankaranarayanan, for NHRC, informed the Court about the Commission's report, as per which 97 laws have been found to contain provisions discriminating against leprosy-affected persons.

These include - Visva Bharati Act, 1951 (Centre), Andhra Pradesh Universities Act, 1991 (State), Pondicherry University Act, 1985 (Centre), Jawahar Lal Nehru University Act, 1966 (Centre), Madras University Act, 1923 (State), Banaras Hindu University Act, 1915 (Centre), Punjab Municipal Corporation Act, 1976 (State), Karnataka Municipalities Act, 1964 (State), Delhi Municipal Corporation Act, 1957 (Centre), Bangalore Metro Railway (Carriage and Ticket) Rules, 2011 (Centre), Jammu and Kashmir Motor Vehicles Act, 1998 (Centre), Haryana Prevention of Beggary Act, 1971 (State), J&K Shri Amarnath Ji Shrine Act, 2000 (Centre), Delhi Prisons Rules, 1988 (Centre), Allahabad High Court Rules, 1952 (Allahabad High Court) and Travancore Cochin Public Health Act, 1955 (State).

The NHRC report further contains an Advisory on Identification, Treatment, Rehabilitation and Elimination of Discrimination of leprosy-affected persons. It states that leprosy is now completely curable and can be rendered non-contagious by administering first dose of Multi-Drug therapy.

Some of the recommendations given by the Commission for State Governments are as follows:

- Establish a helpline to ensure prompt reporting and medical attention to new cases of leprosy as well as development of acute signs and symptoms of lepra reaction/new nerve function impairment in existing patients;

- Upgrade and augment existing healthcare facilities in each district by providing adequate number of doctors and paramedical staff having expertise and knowledge to treat persons affected by leprosy and associated complications;

- Ensure availability of adequate stock of drugs and other accessories, including MDT drugs, for treatment and management of leprosy and associated complications;

- Make available treatment and drugs, including the correction of leprosy induced deformities through surgical procedures, free of cost to leprosy-affected persons;

- Launch a special program to provide counselling to leprosy-affected persons and their family members, especially children, to help them overcome stigma and mental stress and to integrate them with society;

- Ensure home delivery of all essential services, including groceries and medicine, to persons severely affected by leprosy;

- Give persons suffering from leprosy and leprosy-induced disabilities an option of home based activities while implementing employment generation schemes like MNREGA;

- Launch special programs to wean away leprosy-affected persons from begging. Such programs may include a lumpsum monthly financial assistance to such persons;

- Endeavor to treat all new leprosy patients at their respective homes without shifting them to leprosy colonies.

Some recommendations given by the Commission for both Union and State governments are as follows:

- Make efforts to improve civic amenities in leprosy colonies and leprosy homes;

- Launch special programs to provide vocational training, employment benefit, unemployment benefits, parental leave, health insurance, funeral benefits, etc. to leprosy-affected persons and their family members;

- Extend provisions of Section 8 of Rights of Persons with Disability Act, 2016 (providing for protection and safety in situations of risks, armed conflicts, humanitarian emergencies and natural disasters to persons with disability) to all leprosy-affected persons and their family members;

- Amend the 97 laws containing provisions discriminatory towards leprosy-affected persons in a timebound manner;

- Ensure confidentiality of medical and other records of persons affected by leprosy and associated complications;

- Ensure that no person suffering from leprosy, or their family member, is discriminated against and denied rights to healthcare, education, employment, etc. merely on the ground of suffering from leprosy.

Case Title: FEDERATON OF LEPY.ORGAN.(FOLO) . AND ANR. Versus UNION OF INDIA AND ORS., W.P.(C) No. 83/2010 (and connected case)

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