No less dreaded and stigmatised than HIV/AIDS, leprosy, sadly, has been off the priority list of the successive governments for a long time. Worse, the rights of those affected by leprosy and their families, in India and elsewhere, continue to be violated even now.
There are several antiquated, discriminatory provisions in the Indian laws violating the rights of leprosy affected persons. For instance, in the Hindu Marriage Act, 1955 (Section 13 (v)), if one party has been suffering from a virulent and incurable form of leprosy, it becomes one of the grounds for divorce. Similarly, in the Hindu Adoption and Maintenance Act, 1956, (Section 18 (2) (c)), if a person is suffering from a virulent form of leprosy, his wife is entitled to live separately from her husband without forfeiting her claim to maintenance. Many States bar leprosy-affected individuals from contesting elections. Odisha has removed the provision, though.
“There are similar provisions in other personal laws which need amendment to prevent discrimination,” Justice K.G. Balakrishnan, Chairperson of the National Human Rights Commission (NHRC), said recently.
Leprosy is caused by Mycobacterium laprae and can be highly debilitating. Timely diagnosis and treatment of leprosy before nerve damage occurs is the most effective way of preventing disability. Despite the fact that leprosy is easily curable, the stigma and discrimination faced by the people affected by leprosy continues to be a serious problem.
In 2010, the United Nations General Assembly unanimously adopted a Resolution on Elimination of discrimination against persons affected by leprosy and their family members. It called upon governments to abolish discriminatory legislation and remove discriminatory language from official publications; provide quality health care to persons affected by leprosy; and promote their social inclusion.
Shunned by the society and often living in isolated colonies, the NHRC has now appealed to corporates to adopt colonies of persons affected by leprosy.
In addition to rehabilitation of the affected persons and their families, the NHRC has recommended that the Ministry for Empowerment of Persons with Disabilities should revisit the guidelines issued on the subject of Disability Certificate in 2001. Particularly, to give a special consideration to the category of leprosy cured persons even if they do not fulfil the minimum disability of 40 per cent. Also, exploring the possibility of creating a sub-quota of reservations in jobs for leprosy affected persons, in aggregate 5 per cent reservation, in the pending Bill for Persons with Disabilities.
Barring Chhattisgarh and Odisha, as many as 33 States and Union Territories have almost attained the elimination level of less than one case of leprosy per 10,000 population but the fact that new cases of leprosy are continuing to occur despite various preventive measures is a cause for concern for the government. During the year 2013-14, a total of 1.27 lakh new cases were detected.
However, the Centre is committed to achieving the elimination target by 2017, as set out in the 12th Five Year Plan, a senior official of the Ministry of Health and Family Welfare said. The Ministry now wants all States to appoint District Leprosy Officers along with District Leprosy Consultants.
