The Supreme Court today asked the Centre to consider framing law to stop discrimination against persons suffering from leprosy, saying they should be brought to the mainstream and their rehabilitation ensured.
A bench headed by Chief Justice Dipak Misra told the Centre to consider framing such a law which would repeal all state laws that discriminate against those affected by the disease.
It also asked Attorney General K K Venugopal and senior advocate Raju Ramachandran to give suggestions in this regard.
In response, Additional Solicitor General Pinky Anand, appearing for the Centre, told the bench that a legislation was underway and four months was required for the process to be completed.
The bench listed the PIL filed by Vidhi Centre for Legal Policy (VCLP) for further hearing on September 10.
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The apex court had earlier asked the Centre, states and union territories to undertake a campaign to make people aware about the curability of leprosy so that those suffering from it do not face discrimination.
It had recommended to the Centre and the states to repeal archaic provisions from 119 statutes which discriminated against and stigmatise those affected by the disease, while also directing that no government hospital shall decline treatment to such patients.
VCLP, in its PIL, had listed 119 state and central laws that discriminated against leprosy patients and stigmatised them.
Earlier too, the apex court had asked the Centre and the states to "rise to the occasion" and work for eradication of "curable" leprosy, besides removing the archaic provisions from laws that discriminate against and stigmatise those affected.
The PIL said that such outdated provisions denied them access to public services, impose disqualifications on them under personal laws and prohibited them from occupying or standing for public posts or office.
It referred to one such provision of the Hindu Marriage Act, 1955 that allows dissolution of marriage if one of the partners has been "suffering from a virulent and incurable form of leprosy."
Similarly, Section 2 of the Dissolution of Muslim Marriage Act 1939 and Section 27 of the Special Marriage Act 1954, Section 18 of the Hindu Adoption and Maintenance Act 1956; Section 18 of the Jammu And Kashmir Hindu Adoptions And Maintenance Act 1960; Section 13 of the Jammu And Kashmir Hindu Marriage Act 1980 and Section 2 of the Jammu And Kashmir Dissolution Of Muslim Marriages Act 1999 perpetuated the stigmatisation of those affected by leprosy, it had said.
While taking note of the PIL, the court had said the "seminal issue" was that there was no justification to treat a person suffering from leprosy as one to be kept away from the mainstream and made to suffer from ignominy that the disease is infectious and has something to do with genetics.
The plea also referred to Section 70(3)(b) of the Orissa Municipal Corporation Act, 2003 that disqualified a person affected by leprosy from contesting elections for the post of corporator of the municipal body on account of the disease.
Similarly, section 19(f) of the Rajasthan Panchayati Raj Act, 1994, disqualifies a leprosy victim from contesting elections for the post of a Panch (head) or any other member of the Panchayati Raj Institution.
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