New Delhi: The National Human Rights Commission is holding a National Conference on Leprosy at Vigyan Bhawan Annexe, New Delhi on the 17th April, 2015.The aim of this Conference is to make an assessment of the status of action taken by the concerned departments of Central and State Governments as well as the Union Territory Administrations with regard to the suggestions and recommendations given by the National Human Rights Commission on the basis of its National Conference on Leprosy held on the 18th September, 2012. It will also take into account further issues of concern to leprosy affected persons and suggest appropriate strategies to take care of them.
The participants will include officials/representatives of Central/State Governments and Union Territory Administrations, National Commissions, State Human Rights Commissions, other State Commissions, health experts and health scientists, legal experts, representatives of technical organizations, international organizations, non-governmental organizations and civil society. Leprosy is caused by a bacteria known as mycobacterium laprae. Timely diagnosis and treatment of leprosy before nerve damage occurs is the most effective way of preventing disability. It was in 1970s when Multi Drug Therapy (MDT) consisting of Rifampicin, Clofazimine and Daps one were identified as cure for leprosy which came into wide use from 1982 following the recommendations of World Health Organization.
Despite the fact that leprosy is easily curable, the stigma and discrimination faced by the people, affected by leprosy, continues to be a serious problem. The United Nations General Assembly unanimously adopted a Resolution on Elimination of Discrimination Against Persons Affected by Leprosy and Their Family Members in 2010. It called upon governments to abolish discriminatory legislation and remove discriminatory language from official publications; provide quality health care to persons affected by leprosy; and promote their social inclusion. The issue of concern to the NHRC is the discriminatory provisions in the laws. Under Section 13 (v) of the Hindu Marriage Act, 1955 if one party has been suffering from a virulent and incurable form of leprosy, it becomes one of the grounds for divorce. Under Section 18 (2) (c) of the Hindu Adoption and Maintenance Act, 1956, if a person is suffering from a virulent form of leprosy, his wife is entitled to live separately from her husband without forfeiting her claim to maintenance. There are similar provisions in other personal laws which need amendment to prevent discrimination.
The matter of personal laws falls under List III of the Concurrent List of the Seventh Schedule to the Constitution of India.As such, the State Governments are important stakeholder in this regard. Moreover, there are many other laws, which have discriminatory provisions concerning persons affected with leprosy, which need further discussion. The available data definitely suggests that India achieved the goal of elimination of leprosy in 2005 by bringing the number of affected persons less than one person per 10 thousand population, as set by the World Health Organization.The National Leprosy Eradication Programmed (NLEP), started by the Union Ministry of Health and Family Welfare with the active support of the State Governments and Union Territory Administrations, has helped achieve these targets.
According to the latest figures released by NLEP, prevalence ratio of leprosy is 0.73 per 10 thousand population. Out of a total of 649 districts, almost 528 districts (81.4 per cent) were successful in eliminating leprosy by March, 2013.Barring a few districts-mostly in Chhattisgarh and Odessa–all States in the country had attained significant reduction in leprosy cases. Besides NLEP, the Urban Leprosy Control Programmed is being implemented since 2005. Under this programme, assistance is being provided by the Government of India to urban areas having population size of more than one lakh. Deendayal Disabled Rehabilitation Scheme (DDRS) is another scheme providing financial assistance to voluntary organizations to make available the whole range of services necessary for rehabilitation of persons with disabilities. The project concerning the persons affected by leprosy under DDRS is the ‘Project for Rehabilitation of Leprosy Cured Persons’.It aims to empower leprosy cured persons with skills to enable them to improve their socio-economic condition.
However, the NHRC has observed that there were still big gaps between the persons affected with leprosy and those who had a certificate from the designated medical authority that they suffered with more than 40 per cent of disability due to leprosy.Leprosy affected persons, not equipped with such a certificate, do not get the facilities under the BPL and Antyodaya Anna Yojana (AAY) Schemes of Government of India and some other schemes.Therefore, the access to get the necessary certificate is an area of concern.As per the information available with the NHRC, only few State Governments, viz. Delhi, Karnataka, Rajasthan and Haryana are providing financial assistance in the form of pension to the leprosy affected persons.Most of the State Governments do not have such a scheme.Besides, there is no uniformity in the amount of pension being given; it ranges from Rs.1,800/- to Rs.400/- per month.
In the light of rising cost of living and inflation, the NHRC feels that there is a need to provide respectable financial assistance to the persons affected by leprosy.Moreover, State has a duty to protect the rights of persons affected with leprosy and in this regard it cannot hide behind the veil of economic incapacity.As such, all the States/Union Territories must strive to evolve appropriate pension scheme to enable the persons affected by leprosy to live their life with dignity. In spite of having been cured, most of the leprosy affected persons and their children are forced to settle in one of the leprosy colonies due to stigma and discrimination.The water, sanitation and living condition in the colonies of leprosy affected persons is an area of concern.
Keeping in view its concerted efforts to protect and promote the human rights of people affected with leprosy, the NHRC gave many important suggestions/recommendations to the Center, States and UTs authorities, following the discussions in its 2012 National Conference.These included, among others, giving a wide circulation to the principles and guidelines prepared by the UN Human Rights Council, eradication of discrimination being faced by persons affected by leprosy by developing appropriate IEC material and ensuring its wider dissemination, the discriminatory provisions in Central and State laws affecting civil, political, economic, social and cultural rights, which required to be either repealed or suitably amended, reviewing the criteria of minimum requirement of 40 per cent disability under the PWD Act, 1995 for persons affected by leprosy to obtain disability certificate, treatment to leprosy affected persons in all hospitals without discrimination, providing an enabling environment to leprosy affected persons and their families by helping them settle in the mainstream society by alloting lands and housing.
The NHRC in partnership with Sasakawa India Leprosy Foundation (SILF) is also organising the Young Partners Programme (YPP) to sensitise school children on the issue of leprosy.The Commission also signed and endorsed “Global Appeal Launch on Leprosy-2014” to end stigma and discrimination against People Affected by Leprosy organised by Sasakawa Foundation and Indonesian Human Rights Commission at Jakarta, Indonesia.