Stating that despite amendments, the Special Marriage Act 1954 and almost all personal laws contain discriminatory provisions against people affected by leprosy, Disabled Peoples’ International (DPI) global chair Javed Abidi said.
Slow pace
He said, “It is unfortunate that the pace of the progress has been so slow. In spite of a clear recommendation by the Law Commission, it is going to be three years now and it seems that not even an inch has moved... Even within the disability community, there are the haves and the have-nots.”
“Blind, orthopaedic disabled, and deaf are the stronger disabilities whereas disabled people affected by leprosy or say haemophilia or thalassemia or acid attack are not even a part of the mainstream disability discourse,” Mr. Abidi added.
He elaborated that the Juvenile Justice Care and Protection Act, 2000, Motor Vehicles Act, 1988, the Railways Act, 1989, Bombay Municipal Corporation Act, 1888, the Industrial Disputes Act, 1947, various Beggary Laws and the Life Insurance Corporation Act, 1956, all have discriminatory provisions that not only perpetuate stigma but also lead to denial of basic human rights of people affected by leprosy.
Previously on request from several leprosy organisations, the Law Commission took up the study of amending/repealing laws that are discriminatory towards people affected by leprosy.
After a series of meetings and deliberations, the Law Commission of India finalised its Report No. 256 titled, “Leprosy Affected Persons and the Laws applicable to them”.
Not much progress
It not only recommended repealing and amending some discriminatory laws, but also framing a new comprehensive legislation dealing with all aspects of rights of persons affected by leprosy and their family members, “Elimination of Discrimination against Persons affected by Leprosy (EDPAL) Bill, 2015”.
“This was in April 2015 and it seems that not much has happened since then. Neither have the laws been repealed nor the EDPAL Bill has been introduced in the Parliament,” say human rights activists.
The EDPAL Bill not only includes specific provisions for repeal and amendments, but it also addresses the specific problems of people living in leprosy colonies with respect to their ownership of the land.
The Bill has provisions to ensure non-discrimination of persons affected by leprosy by any person or any public or private establishment.
The Bill has provisions for the government to undertake affirmative action in the following areas: health, ownership of property, social welfare, education, employment, etc.
Meanwhile, in order to counter this deep-rooted stigma and discrimination against people affected by leprosy and their families, the 13th Global Appeal will be held in the city on January 30 which is being endorsed and supported by 91 members national assemblies of disabled people’s international pledging to end the discrimination and integrating people affected by disability into the larger disability movement worldwide.
