256th Report - Eliminating Discrimination against Persons Affected by Leprosy | Economic Survey & Government Reports - UPSC PDF Download

 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laws which can either be repealed or which need amendments in view of the 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