DIPAK MISRA,CJ - (1.) The instant writ petition preferred under Article 32 of the Constitution of India seeks issue of directions to the Union of India and the States, the respondent Nos. 1 to 30 herein, to conduct periodic national survey for determining new cases relating to detection rate of leprosy and to publish and bring in the public domain the reports of National Sample Survey on Leprosy conducted in 2010-2011 and further 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.
(2.) It is also prayed that the respondents should ensure that Multi-Drug Therapy (MDT) drugs and other drugs for management of leprosy and complications in leprosy are available free of cost and do not go out of stock at all Primary Health Centres (PHCs) in the country and also direct all hospitals and health care institutions throughout the country, whether private or Government, not to discriminate against women with leprosy and not to turn them away and deny them treatment. A relief is also sought to issue mandamus to all the schools in the country not to discriminate against children from leprosy affected families and to provide them free education. The petitioners also seek for providing hygienic conditions in leprosy colonies and to make MCR footwear available free of cost to the leprosy affected persons in the country. That apart, a prayer has been made to direct the Union of India to frame separate rules for evaluation of disabilities suffered by leprosy affected persons for the purpose of issuing disability certificate in exercise of the power granted under the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016).
(3.) When the matter was listed on 1st September, 2014, the following order came to be passed:- "In support of the petition preferred under Article 32 of the Constitution of India, it is submitted by Mr. Gonsalves that despite the human civilization has advanced in advancement made in the field of medicine and in spite of civilisation having reached the pinnacle of scientific research, an effective cure, namely, Multi-Drug Therapy (MDT) which has been available since 1981 that can completely cure 99% of leprosy bacteria, due to apathy of the Government of India and the State Governments, people are still suffering from the said disease, which is treated as a social stigma. It is urged by him, had people been made aware by the competent authorities of the Central Government and the State Governments, millions of people who are suffering from leprosy would have been cured and come to the mainstream of life and would have been ostracized from the society. Learned senior counsel would contend that because of non-concern, the leprosy affects more than one lakhs twenty five thousand persons yearly throughout the country, which is completely avoidable. It is averred in the petition that they are allowed to have education, sanitary benefits, community based rehabilitation as a result of which they are driven to streets and eventually turn to begging or compelled to live in so-called leprosy homes where they are treated as unpersons or aliens. In the writ petition, number of prayers have been made which pertains to issuance of directions for availability of the drugs at primary health centres and proper administration of the same for treatment of the pregnant women suffering from leprosy in an apposite manner with dignity, and making provision in educational institutions whether government or private, so that discrimination against the children of the leprosy affected families due to some kind of inhibition which has no constitutional sanction, is stopped and for providing banking facilities and establishment of such colonies where they can live for temporary period till they are cured and come to the society, etc.";