1. Writ petition under Article 32 seeking directions for leprosy eradication, free treatment, non-discrimination in public institutions, and rehabilitation of affected persons. (Para 1 , 2 )
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2018 Supreme(SC) 887
SUPREME COURT OF INDIA
Dipak Misra, CJI., A.M. Khanwilkar, D.Y. Chandrachud, JJ.
Pankaj Sinha – Petitioner(s)
versus
Union of India and Others – Respondent(s)
WRIT PETITION (CIVIL) NO.767 OF 2014
Decided On : 14-09-2018
IMPORTANT POINTS
The Union and the States are to undertake periodical national surveys for determining the prevalence rate and new cases detection rate of leprosy and, at the same time, publish and bring the reports of the National Sample Survey of Leprosy conducted in 2010-11 and subsequent thereto into the public domain. That apart, the activities of the National Leprosy Eradication Programme (NLEP) must be given wide publicity;
On leprosy day, i.e., last Sunday of January, the Union of India along with all State Governments should organize massive awareness campaigns to increase public awareness about the signs and symptoms of leprosy and the fact that it is perfectly curable by the Multi Drug Therapy (MDT). Awareness should also be spread about the free availability of MDT at all government health care facilities in the country, the prescribed course for MDT treatment and all other relevant information related to MDT.
The Union and the States are to ensure that drugs for management of leprosy and its complications including the MDT drugs are available free of cost and do not go out of stock at all Primary Health Centres (PHCs) or, as the case may be, public health facilities in the country;
Health care to leprosy patients, at both Government as well as private run medical institutions, must be such that medical officials and representatives desist from any discriminatory behaviour while examining and treating leprosy patients. Treatment of leprosy should be integrated into general health care which will usher in a no-isolation method in general wards and OPD services. In particular, it must be ensured that there is no discrimination against women suffering from leprosy and they are given equal and adequate opportunities for treatment in any hospital of their choice. To this effect, proactive measures must be taken for sensitization of hospital personnel;
Patients affected with leprosy, for whom partial deformity can be corrected by surgery, should be advised and provided adequate facility and opportunity to undergo such surgeries;
The possibility of including leprosy education in school curricula so as to give correct information about leprosy and leprosy patients and prevent discrimination against them should be explored;
The Union and the State Governments must ensure that both private and public schools do not discriminate against children hailing from leprosy affected families. Such children should not be turned away and attempt should be made to provide them free education;
Due attention must be paid to ensure that the persons affected with leprosy are issued BPL cards so that they can avail the benefits under AAY scheme and other similar schemes which would enable them to secure their right to food;
The Union and the States should endeavour to provide MCR footwear free of cost to all leprosy affected persons in the country;
The Union and the State Governments must pro-actively plan and formulate a comprehensive community based rehabilitation scheme which shall cater to all basic facilities and needs of the leprosy affected persons and their families.
The Union Government may consider framing separate rules for assessing the disability quotient of the leprosy affected persons for the purpose of issuing disability certificate in exercise of the power granted under the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016).
Headnote:Constitution of India – Article 32 – Handling leprosy cases – Plight of leprosy affected people highlighted and directions sought for their non-discrimination and financial and medical help – Directions issued. (Para 18)
(2008) 17 SCC 311 – Referred
Facts of the case:
The instant writ petition seeks issue of directions to the Union of India and the States to conduct periodic national survey for determining new cases relating to detection rate of leprosy and to publish and bring in the public domain the reports of National Sample Survey on Leprosy conducted in 2010-2011 and further to conduct regular and sustainable massive awareness campaigns for the general public to dispel the fear associated with leprosy and support and encourage the people afflicted by the said disease to lead a life of equality and dignity.
It is also prayed that the respondents should ensure that Multi-Drug Therapy (MDT) drugs and other drugs for management of leprosy and complications in leprosy are available free of cost and do not go out of stock at all Primary Health Centres (PHCs) in the country and also direct all hospitals and health care institutions throughout the country, whether private or Government, not to discriminate against women with leprosy and not to turn them away and deny them treatment. A relief is also sought to issue mandamus to all the schools in the country not to discriminate against children from leprosy affected families and to provide them free education. The petitioners also seek for providing hygienic conditions in leprosy colonies and to make MCR footwear available free of cost to the leprosy affected persons in the country. That apart, a prayer has been made to direct the Union of India to frame separate rules for evaluation of disabilities suffered by leprosy affected persons for the purpose of issuing disability certificate in exercise of the power granted under the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016).
Finding of the Court:
Leprosy affected persons need care, understanding and help.
Result: Petition disposed of, directions issued.
Legal Category Hierarchy
Table of Contents
2. Petitioners allege government apathy and systemic discrimination in healthcare, education, and welfare despite the disease being medically curable through Multi-Drug Therapy. (Para 3 , 14 , 15 , 16 , 17 )
3. Leprosy is a completely curable disease; however, social stigma and government apathy lead to violations of the fundamental right to equality and dignity. (Para 4 , 6 , 7 , 14 , 15 )
4. The state has a constitutional duty to ensure the eradication of stigmatic diseases and protect the human dignity and fundamental rights of affected persons. (Para 4 , 7 , 11 , 14 )
5. Directions issued to Union and States for periodic surveys, awareness campaigns, free medication, non-discrimination in hospitals and schools, and comprehensive rehabilitation schemes. (Para 18 )
6. Is leprosy considered a curable disease in the eyes of the law and science?
Yes, the court noted that leprosy is a completely curable disease through Multi-Drug Therapy (MDT), which can render it non-infectious in initial stages, making social stigma and segregation scientifically baseless. (Para 6 , 7 , 8 , 10 , 14 )
7. What is the state's obligation toward persons affected by leprosy regarding fundamental rights?
The state must ensure that persons affected by leprosy are not subjected to discrimination in healthcare, education, or livelihood, as such stigma violates the fundamental right to equality and the right to live with dignity. (Para 4 , 11 , 14 )
8. How should the government address the social stigma associated with leprosy?
The government should conduct massive awareness campaigns, integrate leprosy treatment into general healthcare to avoid isolation, and ensure non-discriminatory access to public services and education. (Para 11 , 18 )
9. What legal measures are recommended to eliminate discrimination against leprosy patients?
The court highlighted the Law Commission's recommendation to repeal antiquated laws like the Lepers Act and enact affirmative legislation to ensure non-discrimination and equal protection of human rights. (Para 8 , 9 , 12 )
JUDGMENT
Dipak Misra, CJI
The instant writ petition preferred under Article 32 of the Constitution of India seeks issue of directions to the Union of India and the States, the respondent Nos. 1 to 30 herein, to conduct periodic national survey for determining new cases relating to detection rate of leprosy and to publish and bring in the public domain the reports of National Sample Survey on Leprosy conducted in 2010-2011 and further to conduct regular and sustainable massive awareness campaigns for the general public to dispel the fear associated with leprosy and support and encourage the people afflicted by the said disease to lead a life of equality and dignity.
2. It is also prayed that the respondents should ensure that Multi-Drug Therapy (MDT) drugs and other drugs for management of leprosy and complications in leprosy are available free of cost and do not go out of stock at all Primary Health Centres (PHCs) in the country and also direct all hospitals and health care institutions throughout the country, whether private or Government, not to discriminate against women with leprosy and not to turn them away and deny them treatment. A relief is also sought to issue mandamus to all the schools in the country not to discriminate against children from leprosy affected families and to provide them free education. The petitioners also seek for providing hygienic conditions in leprosy colonies and to make MCR footwear available free of cost to the leprosy affected persons in the country. That apart, a prayer has been made to direct the Union of India to frame separate rules for evaluation of disabilities suffered by leprosy affected persons for the purpose of issuing disability certificate in exercise of the power granted under the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016).
3. When the matter was listed on 1st September, 2014, the following order came to be passed:-
"In support of the petition preferred under Article 32 of the Constitution of India, it is submitted by Mr. Gonsalves that despite the human civilization has advanced in advancement made in the field of medicine and in spite of civilisation having reached the pinnacle of scientific research, an effective cure, namely, Multi-Drug Therapy (MDT) which has been available since 1981 that can completely cure 99% of leprosy bacteria, due to apathy of the Government of India and the State Governments, people are still suffering from the said disease, which is treated as a social stigma.
It is urged by him, had people been made aware by the competent authorities of the Central Government and the State Governments, millions of people who are suffering from leprosy would have been cured and come to the mainstream of life and would not have been ostracized from the society. Learned senior counsel would contend that because of non-concern, the leprosy affects more than one lakhs twenty five thousand persons yearly throughout the country, which is completely avoidable.
It is averred in the petition that they are not allowed to have education, sanitary benefits, community based rehabilitation as a result of which they are driven to streets and eventually turn to begging or compelled to live in so-called leprosy homes where they are treated as unpersons or aliens.
In the writ petition, number of prayers have been made which pertains to issuance of directions for availability of the drugs at primary health centres and proper administration of the same for treatment of the pregnant women suffering from leprosy in an apposite manner with dignity, and making provision in educational institutions whether government or private, so that discrimination against the children of the leprosy affected families due to some kind of inhibition which has no constitutional sanction, is stopped and for providing banking facilities and establishment of such colonies where they can live for temporary period till they are cured and come to the society, etc."
4. On 28th November, 2014
