The law Commission on Tuesday proposed a new law to end all forms of discrimination faced by people affected with leprosy, as India accounts for the largest community of leprosy patients in the world. The commission, in its report submitted to Union Minister of law and Justice DV Sadananda Gowda, also proposed repeal and modification of some existing legal provisions in order to end the stigma attached to the disease.
“This is a major factor why leprosy patients and their families are discriminated against despite it being completely curable,” the commission said. last year, India witnessed 58 per cent new leprosy cases.
The panel, headed by Justice AP Shah, took up the humane cause of doing justice to this neglected class of citizens on a plea by leprosy Mission Trust of India and found several laws to be discriminatory against people affected by this disease.
For instance, under the Hindu Marriage Act, 1955, Dissolution of Muslim Marriage Act, 1939, the amended Indian Divorce Act, 1869, Special Marriage Act, 1954 and the Hindu Adoption and Maintenance Act, 1956, leprosy is provided as a ground for divorce or annulment of marriage. Modification was also sought to the existing provisions under Persons with Disabilities Act 1995 to provide all forms of “leprosy cured” to be entitled for disability benefits. The panel even recommended changes in Motor Vehicles Act to make cured persons entitled to a driving license.
The law panel recommended scrapping of these provisions and said, “One of the main objectives behind the inclusion of these provisions under the relevant legislations has been to restrain the spread of the infection of leprosy to the unaffected spouse.” This has changed after leprosy has been made completely curable under a multi-drug therapy.
“From 2005 till 2014, the National leprosy Eradication Programme (NlEP) recorded a rate of 1.25 to 1.35 lakh new cases every year. A majority of these are children, who are threatened with isolation and discrimination at a young age,” said the 50-page report.
In the proposed new law titled “Eliminating Discrimination Against Persons Affected by leprosy Bill”, the Commission recommends affirmative action for leprosy affected persons to provide them health benefits, ownership of property, representation in education and employment and other social welfare schemes.
Having suggested in the past to repeal lepers Act, 1898 by which lepers are to be segregated, the panel even suggested replacing the term “leper” with persons affected by leprosy. India had ratified the United Nations Convention on Persons with Disabilities and even adopted a resolution in General Assembly to end discrimination against leprosy patients.