·The Hindu·15 marks·250–350 words

Despite the Law Commission's 2015 recommendations, discriminatory laws against persons affected by leprosy persist. Examine the reasons and suggest a way forward.

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In this answer
  1. Reasons for persistence
  2. Way forward

The Law Commission's Report No. 256 (2015) found that Indian laws "directly and indirectly" discriminate against persons affected by leprosy, and it proposed a model anti-discrimination law [1]. Some reform has followed, but repeal is only partial. Leprosy is curable, yet the law still punishes it.

Reasons for persistence

  • Federal spread of the problem: In 2019, 108 discriminatory laws were identified: 3 Union laws and 105 State laws [2]. Parliament cannot repeal State laws, and in 2025 the NLEP was still urging States/UTs to abolish them [3].
  • Piecemeal reform: The Personal Laws (Amendment) Act, 2019 removed leprosy as a ground for divorce in five personal laws [4]. Municipal, transport, local-body and other rules were left untouched.
  • Model law not enacted: The Health Minister asked for the EDPAL Bill, drafted in Report No. 256, to be expedited [2]. It has not been passed.
  • Advisories are not binding: The NHRC's 2022 advisory flagged discriminatory provisions in 97 laws [5]. It can only recommend, not compel, repeal.
  • Outdated beliefs written into law: The 2019 Act's Statement of Objects admits these laws came from the myth that leprosy is incurable [4]. Stigma rooted in deformity still shapes official attitudes [3].
  • Low political priority: Prevalence has fallen to about 0.57 per 10,000 [3]. Leprosy now looks like a "solved" problem, so legal reform gets little attention.

Way forward

  • One overriding central law: Enact the Law Commission's model law with a non-obstante clause [1], so all remaining discriminatory provisions fall in a single step.
  • Time-bound State action: Use the NHRC list of 97 laws [5] as a checklist, with action-taken reports and monitoring through the Centre-State health forum.
  • Use existing rights law: Apply the RPwD Act, 2016, which covers persons cured of leprosy, and the Article 14/21 guarantees of equality and dignity.
  • Stigma reduction tied to case-finding: Link the Sparsh campaign and IEC (public awareness) work under the LCDC to legal awareness [3]. Replace derogatory terms in official language [5].
  • Global alignment: Treat "zero discrimination" as an NLEP goal on par with zero transmission and zero disability [6].

Legal exclusion has outlasted medical cure because of federal fragmentation, piecemeal amendment and lingering stigma. A single overriding law with State accountability would complete what Report No. 256 began. That would honour constitutional dignity, advance SDG 3 and SDG 10, and support India's goal of a leprosy-free 2027 [3].

Sources

  1. 1Law Commission of India, Report No. 256 – Eliminating Discrimination Against Persons Affected by Leprosy (2015): finding of direct and indirect legal discrimination; model draft law
  2. 2PIB – Dr. Harsh Vardhan writes to Ministers of Law & Justice and Social Justice & Empowerment for amending 108 discriminatory laws against persons affected by Leprosy (2019): 108 laws (3 Union, 105 State); request to expedite EDPAL Bill
  3. 3PIB – Leprosy in India: The Road to a Disease-Free Future (5 Oct 2025): NLEP urging States/UTs to repeal laws; deformity-based stigma; prevalence 0.57/10,000; Sparsh and LCDC IEC; 2027 target
  4. 4The Personal Laws (Amendment) Act, 2019 – PRS Legislative Research%20Act,%202019.pdf): leprosy removed as a divorce ground; "incurable" misconception
  5. 5NHRC – Detailed advisory to Centre, States/UTs on welfare of leprosy-affected persons (2022): 97 discriminatory laws; derogatory terminology; action-taken reports
  6. 6WHO – Challenges in Implementation: National Leprosy Eradication Programme, India: NLEP goal of zero stigma and discrimination

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