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2018 Supreme(SC) 2088

SUPREME COURT OF INDIA
Dipak Misra, CJI., A.M. Khanwilkar, D.Y. Chandrachud, JJ.
Pankaj Sinha – Petitioner
Versus
Union Of India & Ors. – Respondents
Writ Petition (Civil) No.767 of 2014, W.P.(C) No. 1151 of 2017 (PIL-W)
Decided On : 05-07-2018

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Raju Ramachandran, Sr. Adv., Ms. Pallavi Mohan, Adv., Ms. Rashmi Nandakumar, AOR, Ms. Dhvani Mehta, Adv., Mr. Colin Gonsalves, Sr. Adv., Mr. Kabi Ali Ziya Choudhry, Adv., Mr. Satya Mitra, AOR
For the Respondent: Mr.K.K.Venugopal, AG, Mr. Maninder Singh, ASG, Ms. Pinky Anand, ASG, Mr. K. Radhakrishnan, Sr. Adv., Ms. V. Mohana, Sr. Adv., Mr. R. Balasubramanian, Adv., Mr. Shailendra Saini, Adv., Ms. Saudamini Sharma, Adv., Mr. Sayooj Mohandas, Adv., Mr. A.K. Sharma, Adv., Mr. R.B. Yadav, Adv., Mr. B.V. Balram Das, Adv., Mr. Prabhas Bajaj, Adv., Ms. Aarti Sharma, Adv., Mr.Akshay Amritanshu, Adv., Mr. Ravindra Kumar Verma, Adv., Mr. G.S. Makker, Adv., Ms. Deepa Kulkarni, Adv., Mr. Nishant Ramakantrao Katneshwarkar, AOR, Mr. Ranjan Mukherjee, Adv., Mr. S.C. Ghosh, Adv., Mr. Nishe Rajen Shonker, AOR, Ms. Anu K. Joy, Adv., Mr. Alim Anvar, Adv., Mr. Abhishek Atrey, Adv., Mr. Krishnam Mishra, Adv., Mr. Shuvodeep Roy, AOR, Mr. Sayooj Mohandas, Adv., Mr. Shuvodeep Roy, AOR, Mr. Rituraj Biswas, Adv., Ms. Prachi Mishra, Adv., Mr. Arjun Garg, AOR, Ms. Pragya Garg, Adv., Mr. Nikhil Goel, Adv., Mr. Naveen Goel, Adv., Mr. Ashutosh Ghode, Adv., Mr. Ranjan Mukherjee, Adv., Mr. Daniel Stone Lyngdoh, Adv., Mr. Prashant Mathur, Adv., Mr. Guntur Prabhakar, AOR, Ms. Prerna Singh, Adv., Mr. G.M. Kawoosa, Adv., Mr. M. Shoeb Alam, Adv., Ms.Fauzia Shakil, Adv., Mr.Ujjwal Singh, Adv., Mr.Mojahid Karim Khan, Adv., Mr. Merusagar Samantray, Adv., Mr. Ashutosh Kumar Sharma, Adv., Mr. Ankur Prakash, AOR, Dr. Monika Gusain, Adv., Mr. Dipak K. Nag, Adv., Mr. Parmanand Gaur, AOR, Mr. Ekansh Bansal, Adv., Ms. Aruna Mathur, Adv., Mr. Avneesh Arputham, Adv., Ms. Anuradha Arputham, Adv., Ms. Simran Jeet, Adv., For M/s. Arputham Aruna And Co, AOR, Ms. Hemantika Wahi, AOR, Ms. Vishakha, Adv., Ms. Mamta Singh, Adv., Ms. K. Enatoli Sema, AOR, Mr. Edward Belho, Adv., Mr. Amit Kumar Singh, Adv., Mr. K. Luikang Michael, Adv., Mr. Surya P. Misra, AG, Odisha Mr. Shibashish Misra, AOR, Mr. Aniruddha P. Mayee, AOR, Mr. A. Selvin Raja, Adv., Mr. Abhinav Mukerji, AOR, Mrs. Bihu Sharma, Adv., Ms. Purnima Krishna, Adv., Mr. Abhinav Mukerji, AOR, Mr. Siddharth Garg, Adv., Mr. K.V. Vijayakumar, AOR, Ms. Maitreyee Mishra, Adv., Mr. Aditya Pratap Singh, Adv., Mr. Mohd. Waquas, Adv., Mr.Tapesh K.Singh, Adv., Mr. Yashvardhan, Adv., Mr. Apoorv Shukla, Adv., Mr. Jagjit Singh Chhabra, AOR, Mr. G. Prakash, AOR, Mr. Jishnu M.L., Adv., Mrs. Priyanka Prakash, Adv., Mrs. Beena Prakash, Adv., Mr. Karan Bharihoke, AOR, Mr. Aman Panwar, Adv., Ms. Navkiran Bolay, Adv., Mr. S.S. Shamshery, AAG, Rajasthan Mr. Amit Sharma, Adv., Mr. Ankit Raj, Adv., Ms. Indira Bhakar, Adv., Ms. Ruchi Kohli, Adv., Mr. Leishangthem Roshmani Kh., Adv., Ms. Maibam Babina, Adv., Ms. Rachana Srivastava, AOR, Ms. Monika, Adv., Mr. Pratap Venugopal, Adv., Ms. Surekha Raman, Adv., Ms. Niharika, Adv., Ms. Kanika Kalaiyarasan, Adv., Mr. Kuldeep S. Parihar, Adv., Mr. H.S. Parihar, AOR, Mr. Sanjai Kumar Pathak, AOR, Ms. Shashi Pathak, Adv., Mr. Arvind Kumar Tripathi, Adv., Mr. Akhilendra Singh, Adv., Ms. Uttara Babbar, AOR, Ms. Akanksha Choudhary, Adv., Ms. Bhavana Duhoon, Adv., Mr. S. Udaya Kumar Sagar, AOR, Mr. Gopal Singh, AOR, Mr. Manish Kumar, Adv., Mr. Shreyas Jain, Adv., Mr. Anil Shrivastav, AOR, Mr. Rituraj Biswas, Adv., Ms. Ritika Sethi, Adv., Mr. Kshatrashal Raj, Adv., Ms. Tanya Chaudhry, Adv., Ms. Pratyusha Priyadarshini, Adv., For M/s. Parekh & Co., AOR, Mr. Ashok Kumar Singh, AOR, Mr. V.N. Raghupathy, AOR, Mr. B. Balaji, AOR, Mr.Shikhar Garg, Adv., Mr.Mudit Makhija, Adv., Mr. P.V. Yogeswaran, AOR, Mr.Pratap Venugopal, Adv., Ms.Surekha Raman, Adv., Ms.Niharika, Adv., Ms.Kanika Kalaiyarasan, Adv., For M/s. K J John And Co, AOR, Mr. Dinesh Kumar Garg, AOR, Mr. Chanchal Kumar Ganguli, AOR, Mr. Mishra Saurabh, AOR, Mr. Vishwa Pal Singh, AOR, Mr. Varinder Kumar Sharma, AOR, Mr. B.V. Balaram Das, AOR, Mr. Rohit K. Singh, AOR, Mrs. Anil Katiyar, AOR, Mr.Suhaan Mukerji, Adv., Ms.Astha Sharma, Adv., Mr.Harsh Hiroo Gorsahani, Adv., Mr.Amit Verma, Adv., Mr.Vishal Prasad, Adv., For PLR Chambers & Co., Adv.,

The central legal point established in the judgment is the need to eliminate discrimination against leprosy patients and to ensure their equal treatment and rehabilitation.

Headnote:

DISCRIMINATION - Leprosy patients - Lepers Act, Article 14, 19(1)(d), 19(1)(g), 21 of the Constitution of India - 256th Report of the Law Commission - Multi-Drug Therapy - Elimination of Discrimination against Persons affected by Leprosy Bill, 2015

ORDER :

W.P. (C) No. 767/2014

1. Heard Mr. Colin Gonsalves, learned senior counsel appearing for the petitioner and Mr. Maninder Singh and Ms. Pinky Anand, learned Additional Solicitor Generals of India.

2. Hearing concluded.

3. Orders reserved.

4. Learned counsel for the parties shall file their written notes of submissions by 12.7.2018.

W.P.(C) No.1151/2017

5. The present writ petition, preferred under Article 32 of the Constitution of India, seeks that a number of legislations, enumerated in Annexure P-1, be declared as unconstitutional being violative of Articles 14, 19(1)(d), 19(1)(g) and 21 of the Constitution of India. It is submitted by Mr.Raju Ramachandran, learned senior counsel appearing for the petitioner that all the statutes that have been sought to be declared as unconstitutional relate to the stigma attached to leprosy patients. He has drawn our attention to the 256th Report of the Law Commission. The said Report has been submitted on the basis of the initiative taken by the Union of India, titled “Legal Enactments Simplification and Streamlining”. The Law Commission referred to the provisions of the Lepers Act and adverted to the Second Interim Report No.249 where it is mentioned that India is a member of the UN General Assembly which unanimously passed a resolution on the elimination of discrimination against persons affected by leprosy and their family members. It has been further put forth in the Report that the Lepers Act, as mentioned in the Second Interim Report of the Law Commission, was against the spirit of the Resolution and, therefore, required immediate repeal in consultation with the States. In paragraphs 2.2.1 to 2.2.3, there has been a reference to the facts and myths surrounding leprosy. We think it appropriate to reproduce the said paragraphs:

“2.2.1 There are several myths and distortions surrounding Leprosy that are sought to be clarified in this Chapter. Such myths consider Leprosy as a hereditary and infectious disease that is caused due to impure blood and poverty. Many also believe that the infection of Leprosy spreads through food and water and is difficult to detect. However, all such beliefs are not based on evidence and therefore without merit.

2.2.2 Leprosy is not a hereditary disease and is not caused due to impure blood or poverty, but due to the causative agent Mycobacterium Leprae as mentioned above. Further, even though Leprosy is a chronic infectious disease, it is neither difficult to diagnose nor hard to treat. The main consideration for an effective Leprosy treatment is early detection and regularity in treatment.

2.2.3 All persons are not susceptible to Leprosy, although insanitary conditions, malnutrition and lack of personal hygiene may increase the chances of getting infected by the Leprosy bacillus or a host of other diseases and infections caused on account of such conditions. Further, Leprosy is not a fatal disease, even though on account of the stigma and discrimination, it may cause permanent psychological and social damage to the victims.”

6. In paragraph 2.4.2., it has been mentioned that leprosy is a completely curable disease. We think it relevant to reproduce paragraph 2.4.2. which is to the following effect:

“2.4.2 Although Leprosy is the cause of irreversible disabilities, with advances in science and technology in the field of Leprosy treatment during the last three decades, it is now a completely curable disease that can be rendered non-infectious in the initial stages of the treatment itself. The treatment that has made it possible to cure Leprosy is the process of Multi-Drug Therapy (“MDT”), which was first recommended by the WHO in early 1980s after over 40 years of research and testing. Under MDT, powerful drugs such as Rifamipicin, Clofazimine and others in combination with Dapsone, are administered to the affected person to effectively fight the Leprosy bacillus. Over the past two decades, more than 15 million Persons affected by Leprosy are said to have been cu

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