Constitution of India – Art.32 – Protection of leprosy affected persons and their family members – Petitioner sought directions for the Union of India and the States to conduct periodic national survey for determining new cases relating to detection rate of leprosy and to conduct regular and sustainable massive awareness campaigns for the general public to dispel the fear associated with leprosy and support and encourage the people afflicted by the said disease to lead a life of equality and dignity – Held: Following directions were issued: (i) Union of India and the States to undertake periodical national surveys for determining the prevalence rate and new cases detection rate of leprosy and, at the same time, publish and bring the reports of National Sample Survey of Leprosy conducted in 2010-2011 and subsequent thereto into the public domain;
(ii) On the Leprosy day, Union of India and the States should organize massive awareness campaigns to increase public awareness about the signs and symptoms of leprosy and the fact that it is curable by the Multi Drug Therapy (MDT), which is available free of cost at all government health care facilities and further to ensure that it do not go out of stock at all Primary Health Centres (PHCs) across the country; (iii) Union as well as the States, to inform the citizenry that under the National Leprosy Eradication Programme (NLEP), treatment is provided free of cost to all leprosy cases diagnosed through general health care system including NGOs; (iv) Awareness campaigns spreading information that a person affected by leprosy should not be isolated from the family members or the community and that he can lead a normal married life, can take part in social events and go to work or school as normal; (v) Medical institutions, both Government and private, to desist from any discriminatory behavior while examining and treating leprosy patients, and to ensure that treatment of leprosy should be integrated into general health care which usher in a no-isolation method in general wards and OPD services; (vi) Patients affected with leprosy, for whom partial deformity can be corrected by surgery, should be advised and provided adequate facility and opportunity to undergo such surgeries; (vii) The possibility of including leprosy education in school curricula so as to give correct information about leprosy and leprosy patients and prevent discrimination against them should be explored; (viii) Union and the State Governments must ensure that both private and public schools do not discriminate against children hailing from leprosy affected families and attempt should be made to provide them free education; (ix) Due attention must be paid to ensure that persons affected with leprosy are issued BPL cards so that they can avail benefits under various Government schemes which would also enable them to secure their right to food;
(x) The Union and the States should endeavor to provide MCR footware free of cost to all leprosy affected persons in the country;
(xi) The Union and the State Government must pro-actively plan and formulate a comprehensive community based rehabilitation scheme which shall cater to all basic facilities and needs of the leprosy affected persons and their families, and implementing scheme for providing at least a minimum assistance, preferably on a monthly basis, to all leprosy affected persons for rehabilitation; (xii) Union Government may consider framing separate rules for assessing disability of the leprosy affected persons for the purpose of issuing disability certificate under the Rights of Persons with Disabilities Act, 2016 – Rights of Persons with Disabilities Act, 2016. Dhirendra Pandua v. State of Orissa and Others
(2008) 17 SCC 311 : [2008] 13 SCR 714
– referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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