Why in news?
- The Personal Laws (Amendment) Bill, 2018 was recently introduced in the Lok Sabha.
- Also, Supreme Court has been hearing a petition to uphold the rights of people with leprosy and the repeal of discriminatory laws.
What are the concerns?
- Over 110 Central and State laws discriminate against leprosy patients.
- Some of these colonial laws predate leprosy eradication programmes and medical advancements.
- These laws stigmatise and isolate leprosy patients and are coupled with age-old beliefs about leprosy.
- Now, modern medicine, especially multi-drug therapy, completely cures the disease.
- In independent India, the law has been an instrument for social change.
- Nevertheless, the process of removing the discrimination has been worryingly slow.
- Recent developments signals hope at removing discrimination in law and society against the leprosy-affected.
- One of them is the introduction of the Personal Laws (Amendment) Bill, 2018 in Parliament.
What is the Personal Laws (Amendment) Bill, 2018?
- The Personal Laws (Amendment) Bill, 2018, seeks to make a start in amending the outdated statutes.
- It attempts to end the discrimination against leprosy persons in various central laws:
- the Divorce Act, 1869
- the Dissolution of Muslim Marriages Act, 1939
- the Special Marriage Act, 1954
- the Hindu Marriage Act, 1955
- the Hindu Adoptions and Maintenance Act, 1956
- The Bill eliminates leprosy as a ground for dissolution of marriage or divorce.
- The amendments omit the provisions which stigmatise and discriminate against leprosy-affected persons.
- The Bill is meant to provide for the integration of leprosy patients into the mainstream.
- It was introduced keeping in view the UN General Assembly Resolution of 2010.
- It talks on elimination of discrimination against leprosy-affected persons and their family members.
- India has signed and ratified the Resolution.
- However, the Bill is only a small step in addressing the issues.
What are the other measures?
- The Lepers Act of 1898 was repealed only two years ago.
- Recently, the Supreme Court asked the Centre about bringing in a positive law.
- It relates to conferring rights and benefits on persons with leprosy.
- It also intends at deeming as repealed, all Acts and rules that perpetuate social stigma.
- An affirmative action law recognising their rights and benefits can serve a larger purpose.
- It may help remove misconceptions about the disease such as physical segregation of patients is necessary.
- Besides, the 256th Report of the Law Commission came up with a number of suggestions.
- It included the repeal of discriminatory legal provisions.
- It listed for abolition of personal laws and Acts on beggary.
- While governments may have to handle the legislative part, society has an even larger role to play.
Source: The Hindu