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AFFIRMATIVE ACTION FOR

SOCIAL INCLUSION

DIRECTIVES OF THE
SUPREME COURT OF INDIA
FOR ELIMINATING
DISCRIMINATION AND
PROMOTING SOCIAL
INCLUSION OF PEOPLE
AFFECTED BY LEPROSY
INTRODUCTION

The Supreme Court of India bench of Chief eliminating discrimination and promoting
Justice Dipak Misra, and Justices A.M. social inclusion of people affected by leprosy
Khanwilkar and D.Y. Chandrachud passed two (order passed on September 14, 2018).
orders directing the Central and state
governments to take certain steps for In the following pages, you will find a
rehabilitation of people affected by leprosy paraphrased version of the directives,
and their integration into society. arranged as per topics.

The apex court delivered the orders in a


Public Interest Litigation (PIL) filed by Vidhi
Centre for Legal Policy praying for repealing
119 laws discriminating against people
affected by leprosy (order passed on July 5,
2018) and in another PIL filed by Pankaj
Sinha against Union of India and Others
(Writ Petition [Civil] No.767 of 2014) for

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AWARENESS RAISING

▪ Undertake a campaign to spread − Create a separate wing for awareness


awareness about the curability of leprosy raising and nominate authorities for
so that people affected by the disease planning and implementing awareness
are not discriminated against. raising programmes.

− Ensure that a holistic approach to − Telecast specific programmes on All


awareness raising is adopted. India Radio and Doordarshan on
national and regional channels for
− The campaigns should extend right up educating people about leprosy.
to the 'gram panchayat' level as such
measures would eventually help in − The programmes should be telecast
eradicating the disease, ending the during prime time so that maximum
stigma associated with the disease, number of people can watch the
and the discrimination against people programmes.
affected by the disease.

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▪ Organise massive awareness campaigns − The content and information in the
on Anti-Leprosy Day to increase public awareness programmes should
awareness about the signs and symptoms discontinue using ‘frightening’ images
of leprosy and the fact that it is of people with leprosy-related
completely curable with Multidrug disability.
Therapy (MDT).
− Instead, use positive images of people
− Awareness should also be spread who have been cured of leprosy,
about the free availability of MDT at sharing their experiences of how they
all government healthcare facilities in have been cured and how they could
the country, the prescribed course for overcome the challenges of leprosy.
MDT treatment and all other relevant
information related to MDT.

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▪ Conduct awareness campaigns − Awareness campaigns should also
throughout the year to inform people inform that a person affected by
that treatment for leprosy is provided free leprosy can lead a normal married life,
of cost at Primary Health Centres (PHCs) can have children, can take part in
and hospitals run by NGOs. social events, and go to work or
school like anyone else.
▪ Ensure that awareness campaigns carry
the information that a person affected
by leprosy is not required to be sent to
any special clinic or hospital or
sanatorium, and need not be isolated
from the family members or the
community.

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TR E AT M E NT R E H A B I L I TAT I O N

▪ Ensure that hospitals do not refuse to ▪ Take steps to rehabilitate people


treat leprosy patients. affected by leprosy and to bring them
to the mainstream.
▪ Ensure that drugs for management of
leprosy and its complications, including ▪ Ensure that people affected by leprosy are
MDT drugs, are available free of cost and issued BPL cards so that they can avail
do not go out of stock at all PHCs and the benefits under Antyodaya Anna
other public health facilities in the country. Yojana (AAY) scheme and other similar
schemes which would help them access
their right to food.

▪ Provide adequate facilities and


opportunities to people affected by
leprosy with deformities for
reconstructive surgery to correct the
deformities.

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▪ Make all efforts to provide MCR footwear, ▪ The Central Government should
free of cost, to all people affected by consider framing separate rules for
leprosy who need them. assessing the disability quotient of
people affected by leprosy for the
▪ Consider formulating and implementing a purpose of issuing disability
scheme for rehabilitation of people certificate in exercise of the power
affected by leprosy by providing them at granted under the Rights of Persons
least a minimum assistance, preferably on with Disabilities Act, 2016 (No. 49 of
a monthly basis. 2016).

▪ Proactively plan and formulate a


comprehensive community-based
rehabilitation scheme that will cater to all
basic needs of people affected by leprosy
and their family members. The scheme
should be aimed at eliminating the
stigma that is associated with the
disease.

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ENDING STIGMA AND
D I S C R I M I N AT I O N

▪ Ensure that people affected by leprosy are ▪ Explore the possibility of including leprosy
not stigmatised. in the school curriculum so as to give the
correct information about the disease and
▪ Ensure that healthcare professionals, both prevent discrimination against people
at government- and private-run medical affected by the disease.
institutions do not behave in a
discriminatory manner towards people ▪ Ensure that both public and private
affected by leprosy while examining and schools do not discriminate against
treating them. children from families affected by leprosy.

− Treatment of leprosy should be − Such children should not be denied


integrated into the general healthcare education.
system to promote inclusion.
− An attempt should be made to provide
− Ensure that women affected by leprosy them free education.
are not discriminated against and they
are given opportunities for treatment
in any hospital of their choice.
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SHARING EXPERIENCE ASSESSING THE LEPROSY
S I T U AT I O N

▪ Organise seminars at all levels that will ▪ Undertake periodic national surveys to
serve as platforms to hear the views and determine the prevalence rate and new
experiences directly from people cured of case detection rate of leprosy.
leprosy, their families, and other
stakeholders, such as doctors, social − Publish and bring out the report of
workers, experts, NGOs and government the National Sample Survey of
officials. Leprosy conducted in 2010-11 and
subsequent thereto into the public
domain.

− Activities of the National Leprosy


Eradication Programme (NLEP) must
be given wide publicity.

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▪ The Leprosy Mission Trust India
▪ CNI Bhawan
▪ 16, Pandit Pant Marg
▪ New Delhi – 110 001
▪ INDIA

www.leprosymission.in +91 (0) 11 4353 3300

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