Leprosy must not continue to be a ground for divorce

Why it is in news?
  • Leprosy must not continue to be a ground for divorce noted the National Centre for Promotion of Employment for Disabled People (NCPEDP) stating that this disease is now fully curable, and that the archaic laws relating to leprosy must be relooked at.
  • Leprosy is one of the world’s oldest diseases with India accounting for over 60% of the annual new cases of leprosy and a home to around 800 self-settled leprosy colonies.
  • World Health Organisations (WHO) data reveals that in 2016, a total of 2,14,783 cases of leprosy were reported worldwide.
  • There were 18,000 child cases and 12,437 cases who were already suffering from serious disabilities at the time of diagnosis.
  • India had 1,35,485 cases.
Concerns
  • While recognised as a disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995, and being completely curable, persons affected by leprosy continue to face discrimination not only from the larger society but also the disability sector itself.
  • The release noted that there are currently 119 provisions across various Acts passed by the Central and State governments that continue to discriminate against people affected by leprosy (PAL).
  • These are also directly in contrast with the provisions of the Rights of Person with Disabilities Act 2016, that mandates non-discrimination and equality for all irrespective of disability.
  • These 119 provisions not only violate the RPWD Act but also Articles 14, 19 and 21 of the Constitution of India.
  • Article 14 protects the right to equality of all persons, Article 19 protects the freedom of citizens to move freely throughout the territory of India and practise any profession, occupation, trade or carry on any business, while Article 21 protects the right to life and dignity of all persons.
  • Vidhi Centre for Legal Policy has filed a civil writ petition asking the Supreme Court of India to declare these provisions as unconstitutional because they discriminate against persons affected by leprosy.
RPWD Act, 2016
  • It replaced the 1995 Act.
  • It brought the Indian law in line with the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
  • Disability has been defined based on an evolving and dynamic concept.
  • The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities.
  • Speech and Language Disability and Specific Learning Disability have been added for the first time.
  • Acid Attack Victims have been included.
  • Dwarfism, muscular dystrophy has been indicated as separate class of specified disability.
  • The New categories of disabilities also included three blood disorders, Thalassemia, Haemophilia and Sickle Cell disease.
  • In addition, the Government has been authorized to notify any other category of specified disability.
  • Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
  • Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs.
  • Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
  • Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
  • It provides for penalties for offences committed against persons with disabilities and also violation of the provisions of the new law.
Source

The Hindu




Posted by Jawwad Kazi on 15th Jul 2018