Page 1
GOVERNMENT OF INDIA
LAW COMMISSION
OF
INDIA
Report No.256
Eliminating Discrimination
Against Persons Affected by
Leprosy
April 2015
Page 2
GOVERNMENT OF INDIA
LAW COMMISSION
OF
INDIA
Report No.256
Eliminating Discrimination
Against Persons Affected by
Leprosy
April 2015
ii
D.O. No.6(3)/273/2015-LC(LS) 7 April, 2015
Dear Mr. Sadananda Gowda ji,
On a reference from the then Minister for Law and Justice, Shri Ravi
Shankar Prasad, the Law Commission of India undertook the task of identifying
laws which can either be repealed or which need amendments in view of the
existing climate of economic liberalization. Through its four Reports, viz.,
Report Nos. 248-251, the Commission recommended repeal of 288 obsolete
laws. In its Report No.249
,
the Commission recommended the repeal of The
Lepers Act, 1898 in consultation with the relevant State(s). However, on a
request from the Leprosy Mission Trust of India, the Commission took up the
study of amending / repealing laws discriminatory towards people affected by
leprosy.
Leprosy is one of the oldest known diseases, but remains misunderstood
in all its aspects including its etiology, causation, means of transmission and
curability. To this day, it remains among the most dreaded of diseases. In
2014, India had the largest number of new Leprosy cases globally (58%). From
2005 till 2014, the National Leprosy Eradication Programme (NLEP) has
recorded a rate of 1.25 to 1.35 lakh new cases every year, a majority being
children, who are threatened with isolation and discrimination at a very young
age.
Although Leprosy may cause irreversible disabilities, with advances in
medicine, it is now a completely curable disease that can be rendered non-
infectious early on in treatment itself, through Multi-Drug Therapy, which has
cured more than 15 million persons over two decades alone. Government of
India has undertaken programmes to provide free-of-cost treatment to Persons
affected by Leprosy, even as the search continues for newer and more effective
methods of treatment.
Page 3
GOVERNMENT OF INDIA
LAW COMMISSION
OF
INDIA
Report No.256
Eliminating Discrimination
Against Persons Affected by
Leprosy
April 2015
ii
D.O. No.6(3)/273/2015-LC(LS) 7 April, 2015
Dear Mr. Sadananda Gowda ji,
On a reference from the then Minister for Law and Justice, Shri Ravi
Shankar Prasad, the Law Commission of India undertook the task of identifying
laws which can either be repealed or which need amendments in view of the
existing climate of economic liberalization. Through its four Reports, viz.,
Report Nos. 248-251, the Commission recommended repeal of 288 obsolete
laws. In its Report No.249
,
the Commission recommended the repeal of The
Lepers Act, 1898 in consultation with the relevant State(s). However, on a
request from the Leprosy Mission Trust of India, the Commission took up the
study of amending / repealing laws discriminatory towards people affected by
leprosy.
Leprosy is one of the oldest known diseases, but remains misunderstood
in all its aspects including its etiology, causation, means of transmission and
curability. To this day, it remains among the most dreaded of diseases. In
2014, India had the largest number of new Leprosy cases globally (58%). From
2005 till 2014, the National Leprosy Eradication Programme (NLEP) has
recorded a rate of 1.25 to 1.35 lakh new cases every year, a majority being
children, who are threatened with isolation and discrimination at a very young
age.
Although Leprosy may cause irreversible disabilities, with advances in
medicine, it is now a completely curable disease that can be rendered non-
infectious early on in treatment itself, through Multi-Drug Therapy, which has
cured more than 15 million persons over two decades alone. Government of
India has undertaken programmes to provide free-of-cost treatment to Persons
affected by Leprosy, even as the search continues for newer and more effective
methods of treatment.
iii
- 2 -
However, a major obstacle to uplift the status of Persons affected by
Leprosy is the social stigma associated with Leprosy. In many spheres of life,
such persons continue to be outcast from society.
Another problem is that of Indian laws, which continue to directly and
indirectly discriminate against Persons affected by Leprosy. In 2010, the United
Nations General Assembly unanimously adopted a Resolution on the
Elimination of Discrimination against Persons affected by Leprosy, accompanied
by Principles and Guidelines listing out measures to improve the living
conditions of such persons. Further, the United Nations Convention on the
Rights of Persons with Disabilities, 2007 (“UNCRPD”) promotes, protects and
ensures the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities.
India has signed and ratified the UNCRPD, and is also a member of the
UN General Assembly that unanimously passed the Resolution on the
Elimination of Leprosy. However, no action has been taken by the Central
Government or by State Governments to modify or repeal any of the legislations.
Under the Constitution, the Union of India has both the obligation as well as
the competence to enact a comprehensive law eliminating discrimination
against Persons affected by Leprosy. This is now an urgent need.
To address precisely this concern, after a series of meetings and
deliberations, the Law Commission of India has finalized its Report No.256
titled “Leprosy Affected Persons and the Laws applicable to them” and is
submitted herewith for consideration by the Government.
With warm regards,
Yours sincerely,
Sd/-
[Ajit Prakash Shah]
Mr. D.V. Sadananda Gowda
Hon’ble Minister for Law and Justice
Government of India
Shastri Bhawan
New Delhi
Page 4
GOVERNMENT OF INDIA
LAW COMMISSION
OF
INDIA
Report No.256
Eliminating Discrimination
Against Persons Affected by
Leprosy
April 2015
ii
D.O. No.6(3)/273/2015-LC(LS) 7 April, 2015
Dear Mr. Sadananda Gowda ji,
On a reference from the then Minister for Law and Justice, Shri Ravi
Shankar Prasad, the Law Commission of India undertook the task of identifying
laws which can either be repealed or which need amendments in view of the
existing climate of economic liberalization. Through its four Reports, viz.,
Report Nos. 248-251, the Commission recommended repeal of 288 obsolete
laws. In its Report No.249
,
the Commission recommended the repeal of The
Lepers Act, 1898 in consultation with the relevant State(s). However, on a
request from the Leprosy Mission Trust of India, the Commission took up the
study of amending / repealing laws discriminatory towards people affected by
leprosy.
Leprosy is one of the oldest known diseases, but remains misunderstood
in all its aspects including its etiology, causation, means of transmission and
curability. To this day, it remains among the most dreaded of diseases. In
2014, India had the largest number of new Leprosy cases globally (58%). From
2005 till 2014, the National Leprosy Eradication Programme (NLEP) has
recorded a rate of 1.25 to 1.35 lakh new cases every year, a majority being
children, who are threatened with isolation and discrimination at a very young
age.
Although Leprosy may cause irreversible disabilities, with advances in
medicine, it is now a completely curable disease that can be rendered non-
infectious early on in treatment itself, through Multi-Drug Therapy, which has
cured more than 15 million persons over two decades alone. Government of
India has undertaken programmes to provide free-of-cost treatment to Persons
affected by Leprosy, even as the search continues for newer and more effective
methods of treatment.
iii
- 2 -
However, a major obstacle to uplift the status of Persons affected by
Leprosy is the social stigma associated with Leprosy. In many spheres of life,
such persons continue to be outcast from society.
Another problem is that of Indian laws, which continue to directly and
indirectly discriminate against Persons affected by Leprosy. In 2010, the United
Nations General Assembly unanimously adopted a Resolution on the
Elimination of Discrimination against Persons affected by Leprosy, accompanied
by Principles and Guidelines listing out measures to improve the living
conditions of such persons. Further, the United Nations Convention on the
Rights of Persons with Disabilities, 2007 (“UNCRPD”) promotes, protects and
ensures the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities.
India has signed and ratified the UNCRPD, and is also a member of the
UN General Assembly that unanimously passed the Resolution on the
Elimination of Leprosy. However, no action has been taken by the Central
Government or by State Governments to modify or repeal any of the legislations.
Under the Constitution, the Union of India has both the obligation as well as
the competence to enact a comprehensive law eliminating discrimination
against Persons affected by Leprosy. This is now an urgent need.
To address precisely this concern, after a series of meetings and
deliberations, the Law Commission of India has finalized its Report No.256
titled “Leprosy Affected Persons and the Laws applicable to them” and is
submitted herewith for consideration by the Government.
With warm regards,
Yours sincerely,
Sd/-
[Ajit Prakash Shah]
Mr. D.V. Sadananda Gowda
Hon’ble Minister for Law and Justice
Government of India
Shastri Bhawan
New Delhi
iv
Report No.256
Eliminating Discrimination Against
Persons Affected by Leprosy
Table of Contents
Chapter Title Page
I
INTRODUCTION AND BACKGROUND
TO THE REPORT
1-5
II
LEPROSY AND THE STATUS OF
PERSONS AFFECTED BY LEPROSY
IN INDIA: THE NEED FOR CHANGE
6-14
A Understanding Leprosy 6-8
B Facts and Myths surrounding Leprosy 8-9
C The Prevalence of Leprosy 9-11
D Preventive and Curative Treatments 11-14
III ATTEMPTS MADE THUS FAR IN
ADDRESSING THE CONCERNS OF
PERSONS AFFECTED BY LEPROSY
15-17
IV THE DOMESTIC LEGAL
FRAMEWORK: FACILITATING
DIRECT AND INDIRECT
DISCRIMINATION AGAINST
PERSONS AFFECTED BY LEPROSY
IN INDIA
18-22
V INTERNATIONAL EFFORTS IN
ADDRESSING THE CONCERNS OF
PERSONS AFFECTED BY LEPROSY
AND THEIR FAMILIES
23-26
VI PRACTICES IN OTHER
JURISDICTIONS IN RELATION TO
PERSONS AFFECTED BY LEPROSY
27-34
(i) Azerbaijan 28-29
(ii) Costa Rica 29
(iii) Ecuador 29-30
(iv) Egypt 30
(v) Finland 30-31
(vi) Greece 31
Page 5
GOVERNMENT OF INDIA
LAW COMMISSION
OF
INDIA
Report No.256
Eliminating Discrimination
Against Persons Affected by
Leprosy
April 2015
ii
D.O. No.6(3)/273/2015-LC(LS) 7 April, 2015
Dear Mr. Sadananda Gowda ji,
On a reference from the then Minister for Law and Justice, Shri Ravi
Shankar Prasad, the Law Commission of India undertook the task of identifying
laws which can either be repealed or which need amendments in view of the
existing climate of economic liberalization. Through its four Reports, viz.,
Report Nos. 248-251, the Commission recommended repeal of 288 obsolete
laws. In its Report No.249
,
the Commission recommended the repeal of The
Lepers Act, 1898 in consultation with the relevant State(s). However, on a
request from the Leprosy Mission Trust of India, the Commission took up the
study of amending / repealing laws discriminatory towards people affected by
leprosy.
Leprosy is one of the oldest known diseases, but remains misunderstood
in all its aspects including its etiology, causation, means of transmission and
curability. To this day, it remains among the most dreaded of diseases. In
2014, India had the largest number of new Leprosy cases globally (58%). From
2005 till 2014, the National Leprosy Eradication Programme (NLEP) has
recorded a rate of 1.25 to 1.35 lakh new cases every year, a majority being
children, who are threatened with isolation and discrimination at a very young
age.
Although Leprosy may cause irreversible disabilities, with advances in
medicine, it is now a completely curable disease that can be rendered non-
infectious early on in treatment itself, through Multi-Drug Therapy, which has
cured more than 15 million persons over two decades alone. Government of
India has undertaken programmes to provide free-of-cost treatment to Persons
affected by Leprosy, even as the search continues for newer and more effective
methods of treatment.
iii
- 2 -
However, a major obstacle to uplift the status of Persons affected by
Leprosy is the social stigma associated with Leprosy. In many spheres of life,
such persons continue to be outcast from society.
Another problem is that of Indian laws, which continue to directly and
indirectly discriminate against Persons affected by Leprosy. In 2010, the United
Nations General Assembly unanimously adopted a Resolution on the
Elimination of Discrimination against Persons affected by Leprosy, accompanied
by Principles and Guidelines listing out measures to improve the living
conditions of such persons. Further, the United Nations Convention on the
Rights of Persons with Disabilities, 2007 (“UNCRPD”) promotes, protects and
ensures the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities.
India has signed and ratified the UNCRPD, and is also a member of the
UN General Assembly that unanimously passed the Resolution on the
Elimination of Leprosy. However, no action has been taken by the Central
Government or by State Governments to modify or repeal any of the legislations.
Under the Constitution, the Union of India has both the obligation as well as
the competence to enact a comprehensive law eliminating discrimination
against Persons affected by Leprosy. This is now an urgent need.
To address precisely this concern, after a series of meetings and
deliberations, the Law Commission of India has finalized its Report No.256
titled “Leprosy Affected Persons and the Laws applicable to them” and is
submitted herewith for consideration by the Government.
With warm regards,
Yours sincerely,
Sd/-
[Ajit Prakash Shah]
Mr. D.V. Sadananda Gowda
Hon’ble Minister for Law and Justice
Government of India
Shastri Bhawan
New Delhi
iv
Report No.256
Eliminating Discrimination Against
Persons Affected by Leprosy
Table of Contents
Chapter Title Page
I
INTRODUCTION AND BACKGROUND
TO THE REPORT
1-5
II
LEPROSY AND THE STATUS OF
PERSONS AFFECTED BY LEPROSY
IN INDIA: THE NEED FOR CHANGE
6-14
A Understanding Leprosy 6-8
B Facts and Myths surrounding Leprosy 8-9
C The Prevalence of Leprosy 9-11
D Preventive and Curative Treatments 11-14
III ATTEMPTS MADE THUS FAR IN
ADDRESSING THE CONCERNS OF
PERSONS AFFECTED BY LEPROSY
15-17
IV THE DOMESTIC LEGAL
FRAMEWORK: FACILITATING
DIRECT AND INDIRECT
DISCRIMINATION AGAINST
PERSONS AFFECTED BY LEPROSY
IN INDIA
18-22
V INTERNATIONAL EFFORTS IN
ADDRESSING THE CONCERNS OF
PERSONS AFFECTED BY LEPROSY
AND THEIR FAMILIES
23-26
VI PRACTICES IN OTHER
JURISDICTIONS IN RELATION TO
PERSONS AFFECTED BY LEPROSY
27-34
(i) Azerbaijan 28-29
(ii) Costa Rica 29
(iii) Ecuador 29-30
(iv) Egypt 30
(v) Finland 30-31
(vi) Greece 31
v
(vii) Japan 32
(viii) Korea 32-33
(ix) Oman 33
(x) Ukraine 33-34
VII. RECOMMENDATIONS 35-50
A Repeal or Amendment of the Laws 35-39
(i) Personal Laws 35-36
(ii) Beggary Laws 36
(iii) The Persons with Disabilities Act, 1995 and
Rights of Persons with Disabilities Bill, 2014
37-38
(iv) State Municipal and Panchayati Raj Acts 38-39
B Call for Affirmative Action 39-47
(i) Measures against discrimination 40
(ii) Land Rights 41-42
(iii) Right to Employment 42-43
(iv) Educational and training opportunities 43
(v) Appropriate use of Language 43-44
(vi) Right to Freedom of Movement 44
(vii) Concessions during treatment 44-45
(viii) Social Awareness 45-46
(ix) Welfare Measures 46-47
C Summary 47-50
(i) Laws and provisions to be repealed 47
(ii) Laws to be modified or amended 47-48
(iii) Provisions enabling the government to
undertake affirmative action
48-50
ANNEXURE 51-65
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