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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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- Outdated beliefs written into law: The 2019 Act's Statement of Objects admits these laws came from the myth that leprosy is incurable [4].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
- 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
- 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
- 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
- 4The Personal Laws (Amendment) Act, 2019 – PRS Legislative Research%20Act,%202019.pdf): leprosy removed as a divorce ground; "incurable" misconception
- 5NHRC – Detailed advisory to Centre, States/UTs on welfare of leprosy-affected persons (2022): 97 discriminatory laws; derogatory terminology; action-taken reports
- 6WHO – Challenges in Implementation: National Leprosy Eradication Programme, India: NLEP goal of zero stigma and discrimination