2014 Supreme(SC) 1309
SUPREME COURT OF INDIA
Dipak Misra, Vikramajit Sen, JJ.
Pankaj Sinha - Petitioner
Versus
Union of India And Ors. - Respondents
Writ Petition(s)(Civil) No. 767 of 2014
Decided On : 01-09-2014
For the Petitioner:Mr. Colin Gonsalves, Sr. Advocate, Jubli Momalia, Jyoti Mendiratta, Satya Mitra, Advocates.
The government has a duty to address the social stigma associated with leprosy and ensure the availability and proper administration of Multi-Drug Therapy (MDT) for the treatment of the disease.
Headnote:
Leprosy - Human Rights - Availability of Multi-Drug Therapy (MDT) - The court addressed the issue of the availability and administration of Multi-Drug Therapy (MDT) for the treatment of leprosy, highlighting the negligence of the government in addressing the social stigma associated with the disease and the lack of awareness and support for those affected.
Fact of the Case:
The petitioner highlighted the negligence of the government in addressing the social stigma associated with leprosy and the lack of awareness and support for those affected.
Finding of the Court:
The court issued notice to the government, emphasizing the need for availability of drugs, proper administration for pregnant women, cessation of discrimination in educational institutions, and provision of banking facilities and temporary living colonies for leprosy-affected individuals.
Issues: Availability of Multi-Drug Therapy (MDT), discrimination in educational institutions, provision of banking facilities, and temporary living colonies for leprosy-affected individuals.
Ratio Decidendi: The court emphasized the duty of the government to address the social stigma associated with leprosy and ensure the availability and proper administration of Multi-Drug Therapy (MDT) for the treatment of the disease.
Final Decision: The court issued notice to the government and permitted the petitioner to serve a copy of the petition on the Standing Counsel for the States and the Attorney General.
ORDER :
Heard Mr. Colin Gonsalves, learned senior counsel for the petitioner.
2. In support of the petition preferred under Article 32 of the Constitution of India, it is submitted by Mr. Gonsalves that despite the human civilisation 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.
3. 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 ostracised 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.
4. 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 unperson's or aliens.
5. 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.
6. Issue notice, returnable within four weeks.
7. Dasti, in addition, is permitted.
8. Learned counsel for the petitioner is at liberty to serve a copy of the petition on the Standing Counsel for the States. A copy of the petition be served on the learned Attorney General.