Personal Laws (Amendment) Bill, 2018 - Leprosy

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• The Personal Laws (Amendment) Bill, 2018, seeks to make a start in amending the outdated statutes.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:

1. the Divorce Act, 1869
2. the Dissolution of Muslim Marriages Act, 1939
3. the Special Marriage Act, 1954
4. the Hindu Marriage Act, 1955
5. 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• The Lepers Act of 1898 was repealed only two years ago.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• It also intends at deeming as repealed, all Acts and rules that perpetuate social stigma.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