1

Stand Up
For People Affected By Leprosy
Respect their rights... Restore their dignity
CALL
for
Change...
Challenging Anti-Leprosy Legislation (CALL) Project
Published by:
Challenging Anti-Leprosy Legislation (CALL) Project
Produced at:
Media Centre, The Leprosy Mission Trust India
Compiled by:
Jacob Oommen, Team Leader
Challenging Anti-Leprosy Legislation (CALL) Project
An advocacy project of The Leprosy Mission Trust India to
address the issues of legal and social discrimination of people
affected by leprosy and their family members, at national level
and state level in the states of Chhattisgarh and Uttar Pradesh.
2 3
Table Of Contents
Section One Leprosy 9
Section Two e Leprosy Mission Trust India 16
Section ree Human Rights 23
Section Four Human Rights of People Aected by Leprosy 29
Section Five United Nations Human Rights Council 32
Resolutions

Section Six Challenging Anti-Leprosy Legislation (CALL) Project 36
Annexure One Laws In India with Discriminatory Provisions 44
against People Aected by Leprosy

Annexure Two Resolution 8/13 of United Nations Human 52
Rights Council
Annexure ree Resolution A/HRC/15/30 - Draft Set of Principles 55
and Guidelines for the Elimination of Discrimination
against People Aected by Leprosy and their Family
Members
Annexure Four Resolution A/RES/65/215 of United Nations 62
General Assembly
4 5
M
ore than any other disease known to mankind, leprosy has left
its devastating footprint in history, throughout last thousands of
years. And it continues to do so. Because of the disability it causes (if
not treated early), it was believed to have been caused by the sins and
transgressions of those sufering - therefore no one had qualms about
ostracizing them.
Leprosy still remains the most misunderstood human infectious disease.
Te stigma associated with it still exists and its psychological and social
efects are more difcult to deal with than the actual physical illness itself.
But, the fact is, leprosy is like any other disease caused by a germ;
antibiotics can now quickly kill the bacteria (germs) that cause leprosy, so
the disease can be completely cured with a few months of treatment.
Article 14 of the Constitution of India provides that the State shall not
deny to any person equality before the law or the equal protection of
the laws within the territory of India. Tis is similar to the concept of
equality enshrined in Article 1 of the Universal Declaration Human
Rights, 1948. But the stigma associated with the disease, has pushed
people afected by leprosy and their family members into isolation
in their own societies, subjecting them to various social and legal
discrimination. Sadly, this has greatly deprived them of their human
rights.
Introduction
6 7
Te Leprosy Mission Trust India (TLMTI),
with experience of more than 137 years
working with people afected by leprosy,
constantly endeavours to empower
them, not just by providing a cure, but
by addressing the underlying causes
holistically. Raising awareness of people
afected by leprosy and their communities
about their rights, facilitating social
mobilization and enabling communities
to advocate for amending discriminatory
legislation and social practices are some of
the core areas where TLMTI intervenes as
infuencer, to make a decisive contribution
for ending socio-legal discrimination faced
by people afected by leprosy and their
family members.
Challenging Anti-Leprosy Legislation
(CALL) Project is TLMTIs latest
initiative to address this issue, working
collaboratively with other like-minded
individuals/organizations to ensure that
leprosy afected people and their families
are able to live in this country like other
citizens, without discrimination, enjoying
their rights guaranteed by the Constitution
of India and various UN resolutions, and
international treaties and conventions.
We take you through this book to the
various social and legal discriminations
faced by people afected by leprosy and
what we, as vigilant members of society, can
do to restore their dignity.
8 9
What is Leprosy?
Leprosy, (also known as Hansens disease), is a chronic, infectious disease
afecting the skin and peripheral nerves of infected individuals. It is
caused by a bacillus (a rod-shaped bacterium), Mycobacterium leprae. Te
frst sign of leprosy is often a patch of skin that is lighter in colour than
the surrounding skin, with loss of sensation in the area of the patch.
In untreated cases of leprosy, nerve damage and other complications
occur as the disease progresses. Te numbness and loss of sensation due
to nerve damage often leads to neglected injuries progressing to infected
ulcers on the hands and feet, and then to the typical disability. In many
communities, this leads to stigma towards those afected and their family
members, causing them to be excluded from the society. Tey are banned
from attending family get-togethers, events and social and religious
functions.
Incidence of Leprosy
Te global registered prevalence of leprosy at the beginning of 2011
stood at 192,246
1
cases, while the number of new cases detected
globally, in 2010, was 228,474
2
. Tis means, one person is diagnosed
with leprosy every two minutes! It is a matter of great concern that
India accounts for 55% of leprosy cases in the world
3
with a total of
Section One Section One
Leprosy
Few Facts about a Grossly Misunderstood Disease
10 11
127,000
4
new cases of leprosy reported by the Government in 2010-11.
However, research organisations, NGOs and some medical personnel
argue that government statistics underestimate the extent of leprosy in
India, and that leprosy cases are on the rise
5
.
Frequently Asked Questions about Leprosy
Q: Hasnt leprosy been eradicated yet?
A: Sadly, no, although there has been a cure for leprosy for many years
(Multi Drug Terapy or MDT), currently there is no vaccine to
prevent leprosy.
Q: Is leprosy contagious?
A: No, it is in fact the least contagious of all communicable diseases.
It is much less contagious than the common cold or infuenza.
Most people are naturally immune to leprosy, but those who are
malnourished, living in crowded and unsanitary conditions are
vulnerable, as their immune system is less able to defend them from
the leprosy bacillus, which causes the disease. Basically, leprosy is a
disease linked to poverty.
Q: Does leprosy spread through touch?
A: No, casual contact with a person afected by leprosy does not seem
to lead to infection. But, various studies suggest that living in an
endemic area for several years may lead to infection.
Q: Ten how does leprosy spread?
A: Te mechanism of infection is not yet fully understood, but it
is generally thought to spread by droplets, through the upper
respiratory tract.
Q: Is leprosy hereditary?
A: No, leprosy is not hereditary it is an infection. It might be
transmitted from parents to children because of close contact, but not
genetically.
Q: Is leprosy the result of past sins or a curse?
A: Te ancient perception of leprosy, found in almost every religion,
described the disease as a curse of God. Because of this, leprosy
carries with it a stigma that adds terrible emotional trauma and
extreme social exclusion of the people afected by the disease. But in
reality, leprosy is a disease caused by a bacillus.

Q: What are the earliest signs of leprosy?
A: Te most common earliest sign is usually a patch on the skin that
may be slightly red, or lighter than normal skin. Te patch may also
have become numb and lost hair. Some of these patches may slowly
increase in size and new patches may appear on other parts of the
body. More often, they appear on the arms, legs or back. Sometimes
the only sign may be numbness and weakness in fngers or toes.
Q: Can leprosy be cured?
A: Yes, leprosy is a completely curable disease. An efective cure, called
MDT, has been available, since 1981. Tis is a course of antibiotics
to be taken for 6-12 months. 99% of leprosy bacteria in the body are
killed within 24 hours of taking the frst dose.
Q: Where can one get MDT?
A: MDT is available, free of cost, in government-run Primary Health
Centres (PHCs) and also in hospitals run by NGOs working in the
feld of eliminating leprosy.
Q: Can leprosy be prevented?
A: So far, no specifc preventive measures have been discovered. A
vaccine is being researched and may be available in the future,
but its usefulness may be limited. Te best way of preventing the
12 13
transmission of the disease within the community is to reduce
infectivity as quickly as possible. For this, early diagnosis and
uninterrupted treatment for the prescribed period are essential.
Alleviating poverty is also one way of preventing leprosy, as it is a
disease commonly afecting the poor.
Q: Do fngers and toes fall of when someone gets leprosy?
A: No, the bacteria attack nerve endings and destroy the bodys ability
to feel pain and injury. Without the protective sensation of pain,
the afected persons injure themselves but neglect the injuries and
the wounds can become infected, resulting in ulcers and tissue loss.
Fingers and toes become shortened and deformed as the deeper
tissues and bones become infected. Repeated injury and infection in
the fngers or toes can cause them to absorb and shorten.
Q: Why does leprosy only seem to afect hands, feet and eyes?
A: Te leprosy bacillus needs a cool environment, so it afects the surface
parts of the body and the nerves in the eyes, feet and hands.
Q: Is there any need to isolate leprosy patients?
A: Tere is no need to isolate a person afected by leprosy, at any time,
as it is not a highly infectious disease. It is not transmitted through
touch or through sexual contact.
Q: Can I live with a person infected with, or sufering from leprosy?
A: Yes, the disease is only mildly infectious. However, it is mandatory
that the person afected take MDT for the duration as prescribed by
the health service provider.
Q: What if I marry a person cured of leprosy or undergoing
treatment?
A: Your married life will be as normal as of any other couples. If the person
is treated with required doses of MDT, he/she is considered cured.
Q: Can a leprosy patient be accepted by the society?
A: Yes, the disease is least infectious, and curable with MDT. An
infectious patient becomes non-infectious after taking the frst dose
of MDT. Leprosy is like any other disease; a person with leprosy is
like a person with any other disease.
Q: Can persons afected by leprosy be employed?
A: Yes, a person afected by leprosy is not a threat to fellow citizens/
employees, if he/she is taking or has completed treatment with MDT.
Q: Is it right to use the word leper?
A: No, for that would mean identifying a person by his or her disease.
For centuries, leprosy has been viewed with horror and the word
leper has come to mean outcast. Te word leper reinforces
the already strong stigma against leprosy and contributes to the
heartbreaking ostracism people afected by leprosy face. Using the
word leper today is considered inappropriate and an ofence to the
hundreds of thousands afected by leprosy. Instead, the following
terms may be used:
n A person with leprosy
n An individual diagnosed with leprosy
n People afected by leprosy
Q: What about human rights of people afected by leprosy?
A: United Nations General Assembly unanimously adopted resolution
A/HRC/15/30, in August 2010, approving principles and guidelines
for elimination of discrimination against people afected by leprosy
and their family members.
Tis resolution marked the culmination of several years of
lobbying of UN institutions by groups and individuals devoted
to focusing attention on an overlooked human rights issue: the
social discrimination sufered by people diagnosed with leprosy -
discrimination that usually continues towards them and their families
14 15
even after they are cured. e stigma attached to leprosy has the
potential to disrupt peoples lives in ways that no drug can cure.
Educational opportunities, job prospects, married life, family
relationships and community participation are all potentially
threatened by leprosy. In India there are many laws discriminating
against people aected by leprosy, for example, leprosy is treated as
a ground for divorce. Sadly, even medical professionals have been
known to discriminate against leprosy patients.
Sources: ILEP, NLEP, WHO, Project Syndicate
Want to know more about leprosy?
Please visit our website at: www.tlmindia.org
1 Prevalence of leprosy - World Health Organization
www.who.int/entity/lep/situation/prevalence/en/index.html
2 Prevalence of leprosy - World Health Organization
www.who.int/entity/lep/situation/prevalence/en/index.html
3 Weekly epidemiological record - 2 September 2011, WHO, No. 36, 2011, 86,
389400, http://www.who.int/lep/situation/en/
4 NLEP (2011) Progress Report for the year 2010-11 ending on 31st March 2011,
Central Leprosy Division, Directorate General of Health Services, New Delhi
5 http://ibnlive.in.com/news/leprosy-cases-on-rise-in-urban-areas-in-
india/225706-17.html, http://www.guardian.co.uk/lifeandstyle/2011/mar/24/
leprosy-india-hidden-disease, http://www.ncbi.nlm.nih.gov/pmc/articles/
PMC557929/
16 17
Te Leprosy Mission (TLM), founded in 1874, is the oldest and largest
leprosy-focused International Non-Governmental Organization in the
world, working among individuals and communities disadvantaged due
to leprosy, empowering them to live with dignity, and be included in the
development process.
The Leprosy Mission Trust India
Te Leprosy Mission Trust India (TLMTI), a member country of TLM,
is registered as a charitable organization under Societies Registration Act,
1860. TLMTI has evolved from a purely medical organization involved
in service delivery to a medico-social organization focusing not only
on health care but also on community development, empowerment,
awareness, advocacy, sustainable livelihoods and rights-based issues.
Te efects of leprosy are devastating and far reaching. TLMTI is
committed to restore human dignity, self reliance and quality of life for

Section Two Section Two

The Leprosy Mission Trust India
Interventions for Lasting Impact
Our Vision:
People affected by leprosy living with
dignity in transformed communities that
have overcome leprosy.
18 19
people afected by leprosy. TLMTI constantly endeavours to empower
people afected by leprosy not just by providing a cure, but by addressing
the underlying causes, working to prevent disability and by helping
people and communities afected by leprosy to be equal members in
society by providing appropriate medical, rehabilitative, educational and
other services to meet their many needs.
Current Programmes
TLMTI, with its vast service delivery network, is rendering its services
to people afected by leprosy, in 10 states, through various programmes.
Tey are:
Hospitals: We provide health care through 14 hospitals. In addition
to tertiary leprosy care, we provide General Surgery, Plastic &
Reconstructive Surgeries, Physiotherapy, Occupational Terapy, general
clinical services in Dermatology, Ophthalmology, Internal Medicine,
Podiatry, and Obstetrics & Gynecology.
Community Interventions: We aim to empower people afected by
leprosy and the communities they live in, through 11 community-based
projects. Trough these programmes, we advocate and promote the rights
of people afected by leprosy and their family members, for their full
and equal participation in society, including, right to equal justice, equal
opportunity, and equal dignity, without discrimination. We engage with
relevant government departments and like-minded NGOs on leprosy
awareness, repealing discriminatory laws and ending social stigma.
Vocational Training Centres (VTCs): We actively contribute to the
social and economic development of the communities in which we
implement programmes, to build sustainable livelihood through 6 VTCs.
Tey support comprehensive vocational and employability training
interventions, including life skills, career exploration, communication
and computer skills to youth from leprosy-afected families.
Snehalayas (Old Age Homes): Snehalayas or Old Age Homes are for
elderly leprosy-afected people, usually with multiple disabilities, who
have no families or caregivers. We provide them shelter, food, clothing
and medical care, through 5 Snehalayas.
Media Centre: Te Diana, Princess of Wales Health Education Centre
(Media Centre) was established in Noida, in Uttar Pradesh, in 1999,
with the aim of being a resource centre for media advocacy. Te activities
include developing programmes and activities related to leprosy and
general health education, together with promoting the work among
people afected by leprosy. Te centre has well-equipped audio and video
studios that conceptualize and develop programmes on leprosy and other
diseases, for public awareness.
Research: Research in TLMTI is a major activity and is coordinated
through the Research Resource Centre (RRC). Te RRC was established
in 2000, to enable research as a way of solving pertinent problems
and improving the quality of life of people afected by leprosy. Various
research activities currently undertaken include clinical trials, social
science research, epidemiological research and lab-based research done
through the Stanley Brown Laboratory. More than 100 papers were
presented in the 17
th
International Leprosy Congress, held in 2008.
Stanley Brown Laboratory, the research hub of TLMTI, which is located
in Delhi, is well-equipped and is currently involved in research relating to
diagnosis and transmission of leprosy. Te lab is recognized by WHO as
a referral centre for sentinel surveillance for drug resistance in leprosy.
Collaborative Working with other Organizations: Acknowledging that
we need to work with shared goals and mutual accountability alongside
government and other civil society organizations, we share our skills and
resources to enhance our own impact and those of our partners in order
to achieve our vision of transforming communities to overcome leprosy.
TLMTIs partners include Government of India, state governments,
members of International Federation of Anti-leprosy Organizations
(ILEP), World Health Organization (WHO), CBM International,
various Community-Based Organizations (CBOs) and organizations of
people afected by leprosy.
20 21
The Leprosy Mission Trust India is approaching 14 decades of work in India with relentless commitment as the
largest International Non Governmental Organization, working for transformation and empowering the lives of people affected by leprosy.
TLMTI has endeavouredtoprevent disability, reduce stigma and discrimination, and restore dignity topeople affectedby leprosy.
TLMTI has its presence in 10 states in India through its 14 Hospitals; 14 Community Development projects; 6 Vocational Training Centres;
5 old age mercy homes (Snehalayas); a state-of-the art Research Laboratory; a Media Centre for Advocacy, Communication and
Education; and Public Health support to the National Leprosy Eradication Programme (NLEP) in 4 states of Maharashtra, Chhattisgarh,
Delhi and Uttar Pradesh.
Our
presence in
India

m
m
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m

w
w
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w
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Community
Based Projects
Vocational
Training Centres
06

Snehalayas
Stanley Browne
Laboratory

Media Centre Country Office

States NLEP
Supported
The Leprosy Mission Trust India is approaching 14 decades of work in India with relentless commitment as the
largest International Non Governmental Organization, working for transformation and empowering the lives of people affected by leprosy.
TLMTI has endeavouredtoprevent disability, reduce stigma and discrimination, and restore dignity topeople affectedby leprosy.
TLMTI has its presence in 10 states in India through its 14 Hospitals; 14 Community Development projects; 6 Vocational Training Centres;
5 old age mercy homes (Snehalayas); a state-of-the art Research Laboratory; a Media Centre for Advocacy, Communication and
Education; and Public Health support to the National Leprosy Eradication Programme (NLEP) in 4 states of Maharashtra, Chhattisgarh,
Delhi and Uttar Pradesh.
Our
presence in
India

m
m
m
m
m
m

w
w
w
w
w
w
w
w
w
w
w
w
w
GOA
14
m
05 01 01 11 01 04
Hospitals
w
Community
Based Projects
Vocational
Training Centres
06

Snehalayas
Stanley Browne
Laboratory

Media Centre Country Office

States NLEP
Supported
22 23

What are Human Rights?
Human rights are rights inherent to all human beings, whatever our
nationality, place of residence, gender, national or ethnic origin, colour,
religion, language, or any other status. We are all equally entitled to our
human rights without discrimination. Tese rights are all interrelated,
interdependent and indivisible.
Section Three Section Three
Human Rights
Since We Are All Born Equal...

All human beings are born free and

equal in dignity and rights. They are
endowed with reason and conscience
and should act towards one another in
a spirit of brotherhood.
Article 1of the United Nations Universal Declaration of Human
Rights (UDHR), 1948.
24 25
Human rights are the foundation of freedom, justice and peace.
Respecting the human rights allows the individual and the community to
fully develop.
e development of human rights has its roots in the struggle for
freedom and equality everywhere in the world. e basis of human rights
such as respect for human life and human dignity can be found in
most religions and philosophies.
Characteristics of Human Rights
n Human rights do not have to be bought, earned or inherited, they
belong to people simply because they are human human rights
are inherent to each individual.
n Human rights are the same for all human beings regardless of race,
gender, religion, political or other opinion, national or social origin.
We are all born free and equal in dignity and rights human rights
are universal.
n Human rights cannot be taken away; no one has the right to deprive
another person of them for any reason. People still have human
rights even when the laws of their countries do not recognize them,
or when they violate them - for example, when slavery is practised,
slaves still have rights even though these rights are being violated
human rights are inalienable.
n People live in dignity, all human rights are entitled to freedom,
security and decent standards of living concurrently human rights
are indivisible.
Born out of the atrocities and enormous loss of life during World War II,
the United Nations Universal Declaration of Human Rights (UDHR)
was signed in 1948, to provide a common understanding of what
everyones rights are. It contains 30 articles (sections) protecting civil and
political rights, economic, social and cultural rights and fundamental
freedoms.
Universal Declaration of Human Rights (UDHR)
Simplified Version
1. We Are All Born Free & Equal. We are all born free. We all have
our own thoughts and ideas. We should all be treated in the same
way.
2. Dont Discriminate. ese rights belong to everybody, whatever be
our dierences.
3. e Right to Life. We all have the right to life, and to live in
freedom and with safety.
4. No Slavery. Nobody has any right to make us slaves. We cannot
make anyone our slave.
5. No Torture. Nobody has any right to hurt us or to torture us.
6. You Have Rights No Matter Where You Are. I am a person just
like you!
7. Were All Equal Before the Law. e law is the same for everyone.
It must treat us all fairly.
8. Your Human Rights Are Protected by Law. We can all ask for the
law to help us when we are not treated fairly.
9. No Unfair Detainment. Nobody has the right to put us in prison
without good reason and keep us there, or to send us away from our
country.
10. e Right to Trial. If we are put on trial, that should be in public.
e people who try us should not let anyone tell them what to do.
11. Were always Innocent Till Proven Guilty. Nobody should be
blamed for doing something until it is proven. When people say we
did a bad thing, we have the right to show it is not true.
12. e Right to Privacy. Nobody should try to harm our good name.
Nobody has the right to come into our home, open our letters, or
bother us or our family without a good reason.
13. Freedom to Move. We all have the right to go where we want in our
own country and to travel as we wish.
26 27
14. Te Right to Seek a Safe Place to Live. If we are frightened of
being badly treated in our own country, we all have the right to run
away to another country to be safe.
15. Right to a Nationality. We all have the right to belong to a country.
16. Marriage and Family. All grown-up people have the right to marry
and have a family if they want to. Men and women have the same
rights when they are married, and also when they are separated.
17. Te Right to Your Own Tings. Everyone has the right to own
things or share them. Nobody should take our things from us
without a good reason.
18. Freedom of Tought. We all have the right to believe in what we
want to believe, to have a religion, or to change it if we want.
19. Freedom of Expression. We all have the right to make up our own
minds, to think what we like, to say what we think, and to share our
ideas with other people.
20. Te Right to Public Assembly. We all have the right to meet our
friends and to work together in peace to defend our rights. Nobody
can make us join a group if we dont want to.
21. Te Right to Democracy. We all have the right to take part in the
government of our country. All grown-up people should be allowed
to choose their own leaders.
22. Social Security. We all have the right to afordable housing,
medicine, education, and childcare, enough money to live on and
medical help, if we are ill or old.
23. Workers Rights. All grown-up people have the right to work, to
fair wages for their work, and to join any trade union of their liking.
24. Te Right to Play. We all have the right to rest from work and to
relax.
25. Food and Shelter for All. We all have the right to a good life.
Mothers and children, people who are old, unemployed or disabled,
and all people have the right to be cared for.
26. Te Right to Education. Education is a right. Primary school
education should be free. Our parents can choose where we are
educated.
27. Copyright. Copyright is a special law that protects ones own
artistic creations and writings; others cannot make copies without
permission. We all have the right to our own way of life and to
enjoy the good things that art, science and learning bring.
28. A Fair and Free World. Tere must be proper order so that we can
all enjoy rights and freedoms in our own country and all over the
world.
29. Responsibility. We have a duty to other people, and we should
protect their rights and freedoms.
30. No One Can Take Away Your Human Rights. As human beings,
we are entitled to our rights. No person or higher authorities can
restrict them.
(Sources: www.hrea.org/www.youthforhumanrights.org)
Even though Universal Declaration of Human Rights is not legally
binding, it forms the basis for a world built on freedom, justice and
peace. It aims to be a common standard of achievement for all peoples
and all nations. A widely accepted document it is translated into 300
languages UDHR sets a gold standard for human rights. India, being
one of the member states of the UN and has already ratifed both the
International Covenant on Civil and Political Rights and International
Covenant on Economic, Social and Cultural Rights, it is its duty to
protect and promote human rights of all its citizens.
28 29
Section Four Section Four
Human Rights Of People
Affected By Leprosy
because they are also human beings like us...
Te Government of India passed the Protection of Human Rights Act,
1993 to ensure protection of the human rights of all its people. Tis Act
provides for the constitution of a National Human Rights Commission,
State Human Rights Commission in States and Human Rights Courts,
for better protection of human rights.
Tough India accounts for 55% of leprosy cases in the world
i
, with a
total of 127,000 new cases of leprosy reported
ii
by the Government in
2010-11, human rights of people afected by leprosy and their family
members are still not given due importance.
Legal and Social discrimination of people affected by
Leprosy Gross Violation of Human Rights

Legal Discrimination: In India, there are several laws discriminating
against people afected by leprosy. Te British in colonial India passed the
Lepers Act, 1898 which segregated leprosy patients to control spreading
of leprosy. With Multi Drug Terapy (MDT) proving to cure leprosy
completely, the law was repealed in 1985. Ironically, many laws that were
framed on the basis of the Lepers Act, 1898 are still in force, and they
continue to discriminate against people afected by leprosy.
30 31
We know of at least 15 laws with direct/indirect discriminatory
provisions against people afected by leprosy. Tese laws allow leprosy as
a ground for divorce, bar people afected by leprosy from travelling in
trains, obtaining driving licences, etc. It is pertinent to note that these
laws were passed when there was no cure for leprosy. Now that leprosy
is completely curable with MDT, there is no justifcation for these
discriminatory laws to exist.
List of the 15 discriminatory laws in India Annexure One
Social Discrimination: In India, strong stigma is attached to leprosy.
Once a person is diagnosed with leprosy, he/she is often ostracized from
the community. A common response to the disease is to cast out those
aficted, from society - it is as if those people cease to exist! Tey often
experience discrimination in every sphere of life. Many people afected by
leprosy may also sufer additional discrimination due to disability.
Because of social discrimination, people afected by leprosy are often
forced to withdraw from mainstream society and live in isolation.
Tere is evidence that they are often denied access to health services,
education and livelihood options. Tis discrimination is a barrier to
their social participation, access to equal opportunities for education and
employment and may prevent them from leading a normal, dignifed life.
Violation of Human Rights: Tough people afected by leprosy
have the same human rights as everyone else, in reality, their rights
often violated due to the above-mentioned inequitable laws and social
discrimination, due to the acute stigma associated with the disease. Tese
acts of discrimination against people afected by leprosy and their family
members are an abuse of human rights and also a denial of equal rights,
guaranteed by the Constitution of India, under Article 14 (Right to
Equality) and Article 1 of Universal Declaration of Human Rights.
i Weekly epidemiological record - 2 September 2011, WHO, No. 36, 2011, 86,
389400, http://www.who.int/lep/situation/en/
ii NLEP (2011) Progress Report for the year 2010-11 ending on 31st March 2011,
Central Leprosy Division, Directorate General of Health Services, New Delhi
32 33
Section Five Section Five
United Nations Steps In
tackling an issue long overdue
Te introduction of Multi Drug Terapy (MDT) as cure for leprosy
resulted in a dramatic drop in the number of newly detected leprosy
cases. Nevertheless, millions of people who once had leprosy continue
to sufer from discrimination in education, employment, marriage and
other aspects of their lives, due to strong stigma attached to the disease.
Seeing the seriousness of the problem, United Nations Human Rights
Council unanimously passed a resolution (Resolution 8/13), co-
sponsored by 59 countries, in June 2008, to end discrimination against
people afected by leprosy and their family members.
Te resolution:
n Reminds governments that all persons afected by leprosy and their
family members should be treated as individuals with dignity and
are entitled to all human rights and fundamental freedom detailed
in international law, conventions, constitutions and laws.
n Asks all governments to take efective measures to eliminate all
forms of discrimination against people afected by leprosy and their
family members.
Tis resolution adds an important new page to the history of the fght
against leprosy and its consequences. By co-sponsoring, each government
recognizes that the problem of discrimination against people afected by
leprosy is universal in nature, transcending politics, religion, race, age
and gender.
34 35
Full text of Resolution 8/13 - Annexure Two
As directed in Section 5 of Resolution 8/13, the UN Human Rights
Council Advisory Committee submitted a Draft set of principles and
guidelines for the elimination of discrimination against persons afected
by leprosy and their family members (A/HRC/15/30) in August
2010, declaring that State should promote, protect and ensure the full
realization of all human rights and fundamental freedom for people
afected by leprosy and their family members, without discriminating on
the grounds of leprosy.
Full text of Resolution A/HRC/15/30 - Annexure Three
Subsequently in March 2011, the United Nations General Assembly
unanimously adopted a Resolution on Elimination of discrimination
against persons afected by leprosy and their family members
(A/RES/65/215). UN encourages all its member-countries to implement
these guidelines.
Full text of Resolution A/RES/65/215- Annexure Four
Te principles and guidelines endorsed by the UN Resolution go to
the heart of the issue of violation of human rights of people afected
by leprosy and their family members. Tey state that no one should be
discriminated against on the grounds of having or having had leprosy.
Tey call on governments to abolish discriminatory legislation and
remove discriminatory language from ofcial publications; to provide the
same range and quality of health care to persons afected by leprosy as to
those with other diseases and to promote social inclusion.
Te UN Resolution provides a potent new tool for eliminating
discrimination against people afected by leprosy and their family
members, and protecting their human rights. But the Resolution,
unfortunately, is not a binding document. It can only recommend that
State and civil society observe the principles and guidelines that it puts
forward. It is very important, therefore, that this resolution is not simply
fled away and forgotten. It must be used as a roadmap to bring about
an end to the unjust and intolerable discrimination people afected
by leprosy and their family members face. We all need to work towards
a world where people afected by leprosy and their family members can
live with dignity and play their part in the life of the community. It is
time to bring an end to this gross violation of human rights.
36 37
Section Six Section Six
Challenging Anti-Leprosy
Legislation (CALL) Project
An Advocacy Project of The Leprosy Mission
Trust India
Goal of the Project
People afected by leprosy are empowered to claim equal
rights and be included in the development process.
Purpose of the Project
To reduce social and legal discrimination faced by people
afected by leprosy.
Project Duration
CALL is a 5-year project, ending in March 2015.
Background of the Project
Leprosy as a disease may have seen global reduction since the
introduction of multi-drug therapy in 1982, but the stigma
associated with leprosy still persists. In India, leprosy related
38 39
discrimination is coded and institutionalised in laws. Te forms and
expressions of stigma and discrimination have not disappeared, although
they may have become more subtle and subversive. Such stigma and
discrimination need to be confronted and changed to ensure equal rights
for some of the worlds most marginalised people. How can we bring
about the change? Te answer is advocacy for policy and social change,
facilitating the empowerment of people afected by leprosy and their
supporters to speak out. Te Leprosy Mission Trust India started the
advocacy project, CALL, to realise this objective.
Issues the Project will Address
Te project will work towards repealing discriminatory laws and practices
faced by people afected by leprosy and their family members, in the
states of Chhattisgarh and Uttar Pradesh and at the national level in
Delhi. It will address key barriers to stigma reduction (legal, social
norms and misconceptions about leprosy). It will raise awareness and
advocate for amendment of discriminatory provisions in law through
direct meetings, community visits and group lobbying. It will also
promote attitude and behaviour change in the media, parliamentarians,
religious and community leaders, and employers, encouraging them
to raise awareness about the discrimination and advocate for changes
in legislation, policies and practices, to promote equality. It will also
facilitate the empowerment of people afected by leprosy, so they are
able to be active players in this advocacy process, to ensure their voice is
heard.
Five Levels of Intervention
Legal and social discrimination are two major root causes of poverty.
Without access to equal rights and equal opportunities, people afected
by leprosy and their family members will never be able to escape from
the claws of poverty as their marginalised status will prevent them from
accessing the building blocks for development, i.e., education, health care
and employment. Tis project will address these root causes of poverty by
making people afected by leprosy aware of their equal rights (as outlined
in Article 14 of the Indian Constitution which provides for equality and
non-discrimination). It will empower them to challenge discrimination,
strive to change discriminatory legislation and call for social inclusion. To
realise the objectives, the project strategy includes intervention at 5 levels:
1) Community: Raising awareness of people afected by leprosy
and the general community about the rights of people afected by
leprosy, to empower them to address discriminatory practices. Te
project will facilitate the establishment and capacity-building of
national and state level advocacy groups and networks of persons
afected with leprosy. Tey will be made aware of their rights to
equal opportunities, e.g., access to health, education and political
representation, as well as equal treatment from employers and
institutions. Te project will build the skills of groups of people
afected by leprosy to organise, negotiate, advocate and utilise
existing platforms for claiming equal rights.
2) State & National Authority: Hastening the process for legal
and policy review by state level and national level authorities, by
sensitising them of existing policies and practices relating to anti-
leprosy legislation and equality for people afected by leprosy, based
on human rights-based approaches.
3) Legal/Legislators: Sensitising elected representatives of people at
village, districts, state and national levels for repealing/amending
discriminatory legislation and practices that violate human rights of
people afected by leprosy and their family members.
4) Media: Sensitising the media on the social and legal discrimination
faced by people afected by leprosy and their family members,
so that the media can take up such matters which will gradually
facilitate policy and behaviour change in society.
5) Human Rights Network: Addressing the human rights issues
of people afected by leprosy and their family members through
the National Human Rights Commission, State Human Rights
Commissions (Uttar Pradesh and Chhattisgarh) and coordinating
with other key players working in the feld of human rights to
advocate for change in legislation and implementation of UN
Resolution 8/13 and the UN Principles and Guidelines for the
Elimination of Discrimination Against People Afected by Leprosy
40 41
and their Family Members.
Project Coverage
Te project is being implemented in the states of Chhattisgarh and
Uttar Pradesh, and will subsequently address the issues at the national
level through the consorted eforts of existing grassroots civil society
organizations and community based organizations from these two states.
Engagement of Civil Society
Although this project is being implemented by Te Leprosy Mission
Trust India, we are well aware that to bring changes to legal and social
discrimination of people afected by leprosy and their family members, a
coordinated commitment from Government, NGOs, the Media and the
Community are needed.

COMMUNITY

LEGAL/
LEGISLATORS


MEDIA

STATE &
NATIONAL
AUTHORITY

HUMAN
RIGHTS
NETWORK
CALL
PROJECT
Call for Action
We, therefore, appeal you to join us in promoting social justice by
standing up for the rights of people afected by leprosy.
You can engage with this by:
1) Following us on Facebook https://www.facebook.com/
leprosyoutloud1
2) Following us on Twitter @h_r_defender
3) Signing a petition to the President of India
http://www.thepetitionsite.com/1/LeprosyOutLoud-India/
4) Speaking out whenever you hear of discrimination against people
afected by leprosy and their family members and standing up for
their rights
5) Writing to your political representatives and calling for a repealing
of discriminatory legislation
6) Contacting TLMTIs CALL project team for more information on
how you can work with us on this issue in your state
If you need any further information on leprosy and leprosy-related
human rights violation, or if you wish to join our campaign for
challenging anti-leprosy legislation:
Please email us at: call@tlmindia.org
Or, write to us at:
Challenging Anti-Leprosy Legislation (CALL) Project
Te Leprosy Mission Trust India
B-13 A, Institutional Area, Sector 62
NOIDA, Uttar Pradesh 201 307
Tel: 0120 4077200/2400028
42 43
44 45
Annexure One
Laws in India with Discriminatory
Provisions towards People Affected by
Leprosy
Laws which have direct/indirect discriminatory provisions against people
aected by leprosy, are given below:
Laws which have Direct Discriminatory Provisions
1) NAME OF THE ACT: HINDU MARRIAGE ACT, 1955
DISCRIMINATORY PROVISION: Section 13 (1) (IV) Any
marriage solemnised, whether before or after the commencement
of this Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the
other party has, for a period of not less than three years immediately
preceding the presentation of the petition, been suering from a
virulent and incurable form of leprosy.
COMMENT: Leprosy is no longer an incurable and virulent
disease, and hence the law should be amended suitably.
2) NAME OF THE ACT: DISSOLUTION OF MUSLIM
MARRIAGE ACT, 1939
DISCRIMINATORY PROVISION: Section 2 (VI) A woman
married under Muslim law shall be entitled to obtain a decree for
the dissolution of her marriage - if the husband has been insane
for a period of two years or is suering from leprosy or a virulent
venereal disease.
COMMENT: Leprosy is no longer an incurable disease, and hence
the law should be amended suitably.
3) NAME OF THE ACT: INDIAN DIVORCE ACT, 1869
DISCRIMINATORY PROVISION: Section 10: Grounds for
dissolution of marriage.(1) Any marriage solemnized, whether
before or after the commencement of the Indian Divorce
(Amendment) Act, 2001, may, on a petition presented to the
District Court either by the husband or the wife, be dissolve
on the ground that since the solemnization of the marriage, the
respondent
(iv) at the spouse has, for a period of not less than two years
immediately preceding the presentation of the petition, been
suering from a virulent and incurable form of leprosy;
COMMENT: Leprosy is no longer an incurable and virulent
disease, and hence the law should be amended suitably.
4) NAME OF THE ACT: INDIAN CHRISTIAN MARRIAGE
ACT, 1872
(e divorce of Christian spouses is governed by the Provisions of
the Indian Divorce Act, 1869)
DISCRIMINATORY PROVISION: Any marriage between spouses
professing Christian religion may be dissolved on the following
grounds by a District Court:-
(iv) at the spouse has, for a period of not less than two years
immediately preceding the presentation of the petition, been
suering from a virulent and incurable form of leprosy.
COMMENT: Leprosy is no longer an incurable and virulent
disease, and hence the law should be amended suitably.
5) NAME OF THE ACT: HINDU SPECIAL MARRIAGE ACT,
1954
DISCRIMINATORY PROVISION: Section 27 (g) states: Subject
to the provisions of this Act, and to the rules made there under, a
petition for divorce may be presented to the district court either
by the husband or the wife on the ground that the respondent has
for a period of not less than three years immediately preceding the
presentation of the petition been suering from leprosy, the disease
not having been contracted from the petitioner.
46 47
COMMENT: Leprosy is no longer an incurable disease, and hence
the law should be amended suitably.
6) NAME OF THE ACT: HINDU ADOPTION AND
MAINTENANCE ACT, 1956
DISCRIMINATORY PROVISION: Section 18 (2 (c) A Hindu
wife shall be entitled to live separately from her husband without
forfeiting her claim to maintenance,- 2.(c) if he is suering from a
virulent form of leprosy
COMMENT: Leprosy is no longer an incurable and virulent
disease, and hence the law should be amended suitably.
7) NAME OF THE ACT: PREVENTION OF BEGGING ACT,
1959 (Maharashtra, Gujarat and
Karnataka)
DISCRIMINATORY PROVISION: Medical Examination and
detention of leprosy patients and lunatics.-
(1) Where it appears to the Chief Commissioner that any beggar
detained in a Certied Institution under any order of a court is
of unsound mind or a leper, the Chief Commissioner may by
an order setting forth the grounds of belief that the beggar is of
unsound mind or a leper, order his removal to a mental hospital
or leper asylum or other place of safe custody, there to be kept
and treated as the Chief Commissioner direct during remainder
of the term for which he has been ordered to be detained or, if
on the expiration of that term it is certied by a medical ocer
that it is necessary for the safety of the beggar or of others that
he should be further detained under medical care or treatment,
then until he is discharged according to law.
(2) Where it appears to the Chief Commissioner that the beggar
has ceased to be of unsound mind, or is cured of leprosy, the
Chief Commissioner shall, by an order direct to the person
having charge of the beggar if still liable to be kept in custody
to send him to the Certied Institution from which he was
removed or if the beggar is no longer liable to be kept in
custody order him to be discharged.
(3) e provisions of section 31 of the Indian Lunacy Act, 1912,
(IV of 1912) or (subject to the provisions of sub-section (2)
of section 14 of the Lepers Act, 1898 (III of 1898) shall apply
to every beggar conned in a mental hospital or leper asylum
under sub-section (1) after the expiration of the period for
which he was ordered to be detained; and the time during
which a beggar is conned in a mental hospital or leper
asylum under that sub-section shall be reckoned as part of the
period for which he may have been ordered by the court to be
detained:
Provided that where the removal of a beggar due to
unsoundness of mind or leprosy is immediately necessary, it
shall be open to the authorities of the Institution in which the
beggar is detained to apply to a court having jurisdiction under
the Indian Lunacy Act, 1912 (IV of 1912), or the Lepers Act,
1898 (III of 1898), as the case may be, for an immediate order
of committal to a mental hospital or a leper asylum until such
time as the orders of the Chief Commissioner be obtained in
the matter.
COMMENT: Leprosy is completely curable now and the rst
dose of MDT makes people aected by leprosy non-infectious.
erefore, there is no need to detain or remove them. People
aected by leprosy should not be referred to as lepers. e
word leper reinforces the already strong stigma against leprosy
and contributes to the heartbreaking ostracism people aected
by leprosy face. Using the word leper today is considered
inappropriate and an oence to the hundreds of thousands aected
by leprosy.
Laws which have Indirect Discriminatory Provisions
8) NAME OF THE ACT: INDIAN RAILWAYS ACT, 1989
DISCRIMINATORY PROVISION: Section 56 of the Act gives
power to railway authorities to refuse to carry persons suering
from infectious or contagious diseases.
COMMENT: Although leprosy is not specically mentioned in
the Act, lack of awareness about leprosy on the part of Railway
48 49
authorities and the society, may result in discrimination and
segregation of people aected by leprosy.
9) NAME OF THE ACT: REHABILITATION COUNCIL OF
INDIA ACT, 1992
DISCRIMINATORY PROVISION: In accordance with Section 2
(C) of the Act, the term Handicapped means a person who is-
(i) Visually handicapped;
(ii) Hearing handicapped;
(iii) Suering from locomotor disability; or
(iv) Suering from mental retardation.
COMMENT: Leprosy leaves its mark on the person in many
ways and can make him disabled. Loss of sensation in hands or
feet as well as loss of sensation and paralysis of the eyelids are very
common, and it manifests eects on the person who is aicted
with leprosy. Coping with this disability and carrying out everyday
activities needs proper training. It is, therefore, proposed that this
disability also should be specically reected under this Act.
10) NAME OF THE ACT: PERSONS WITH DISABILITIES ACT,
1995
DISCRIMINATORY PROVISIONS: In accordance with Section
2 of the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995, the term Disability,
inter-alia, includes the terms leprosy-cured.
e petitioners have held the view that if leprosy cured person is
treated as disabled under the aforesaid Act, there is no reason as
to why the person who is suering from leprosy should not be
considered as disabled.
Accordingly, they have proposed that in Section 2 (iii), the words
leprosy cured should be replaced by the words leprosy whether
cured or not.
Section 2(t) of the Act ibid denes the person with disability as a
person suering from not less than forty per cent of any disability as
certied by a medical authority.
COMMENT: Physical deformity or paralysis caused by leprosy,
attaches stigma to the person concerned and subjects him to all
sorts of discrimination. He losses many opportunities that may
be available to the normal person as well as persons suering
from other diseases including the diseases that are contagious and
infectious. Opportunities to engage in normal economic activities
may be taken away from him/her if his/her past or present leprosy
aiction is manifested by physical disability or paralysis caused by
leprosy. erefore the petitioners have proposed that the expressions
leprosy cured should be replaced by person aected by leprosy
in Section 2(n) of the Act.
Deep-rooted prejudices against leprosy in the society make people
aected by leprosy, disabled even after the person is cured. ere
is every possibility of opportunities for getting education or
employment denied to such people on account of leprosy. ere is
no question of how much disability s/he suers on account leprosy;
s/he may be having slight or even no medical disability but social
prejudices make him disabled.
erefore, the condition of forty percent disability should not be
made applicable in case of leprosy aected person.
11) NAME OF THE ACT: MOTOR VEHICLE ACT, 1988
DISCRIMINATORY PROVISION: Section 8 (4) of the Act states
that if the applicant is suering from any disease or disability which
is likely to cause his driving of a motor vehicle, of the class which
he would be authorized by the learners license applied for to drive,
to be a source of danger to the public or to the passengers, the
licensing authority shall refuse to issue the learners license.
COMMENT: ere is no specic mention of leprosy as a reason
for ineligibility to hold a driving licence in this Act, but many a
time, ignorance on the part of the licence issuing ocer result in
discrimination against people aected by leprosy.
50 51
12) NAME OF THE ACT: LIFE INSURANCE CORPORATION
ACT (As amendment in November,
1987)
DISCRIMINATORY PROVISION: Section 12 provides for
charging of very high premium rates from people aected by
leprosy.
COMMENT: According to e Ministry of Finance, the primary
reason for extra premium charges on life insurance of people
aected by leprosy is their low life expectancy. However, there is no
scientic evidence for assuming higher risk to life for people aected
by leprosy.
13) NAME OF THE ACT: MAHARASHTRA STATE ROAD
TRANSPORT CORPORATION ACT,
1980
DISCRIMINATORY PROVISION: e Act provides concession
to the extent of 75% to non-infectious leprosy persons. However,
the concession is not available in the buses run by Brihanmumbai
Electricity and State Transport (BEST), the State-run public
transport network, in Mumbai.
COMMENT: Amendment of the Act to extend the concession to
all people aected by leprosy is proposed.
14) NAME OF THE ACT: BOMBAY MUNICIPAL
CORPORATION ACT,1888
DISCRIMINATORY PROVISION: Section 421 of the Act
requires information to be given of existence of dangerous disease or
continuous pyrexia of unknown origin to the Health Ocer by the
medical practitioner for prevention of spread of the disease.
COMMENT: is provision is resorted to in respect of the person
aected by leprosy whether he is cured or not. e person aected
by leprosy may be removed to premises reserved for him. However,
the fact remains that leprosy is no more a dangerous disease.
erefore, this provision of the Act should not be made applicable
for people aected by leprosy.
15) NAME OF THE ACT: INDUSTRIAL DISPUTES ACT, 1947
DISCRIMINATORY PROVISION: Section 2 of the Act, inter-
alia, provides termination of service of workman on the ground of
continued ill-health.
COMMENT: It is apprehended that the person who is suering
from leprosy or the one who has in the past suered from leprosy,
attract social stigma and the employers may try to get rid of him
by resorting to the above-mentioned legal provision of the Act. It is
therefore necessary to provide safeguard in the law for protection of
the people aected by leprosy.
Note: Since CALL Project was started, the following three laws (with
discriminatory provisions against people aected by leprosy), were
amended to make them non-discriminatory:
1. Juvenile Justice Care and Protection Act, 2000 (amended in August,
2011).5
2. Orissa Municipal Act, 1950 (amended in February 2012).
3. Orissa Municipal Corporation Act, 2003 (amended in February,
2012).
52 53
Human Rights Council
Resolution 8/13. Elimination of discrimination against persons affected
by leprosy and their family members
The Human Rights Council,
Recalling the provisions of the Universal Declaration of Human Rights, including
Article 1 that all human beings are born free and equal in dignity and rights, and that they
are endowed with reason and conscience and should act towards one another in a spirit of
brotherhood,
Recalling also the provisions of the International Covenant on Economic, Social
and Cultural Rights, including article 12,
Taking note of the work of the Special Rapporteur on the right of everyone to
enjoy the highest attainable standard of physical and mental health,
Noting the report of the Special Rapporteur on the right of everyone to enjoy the
highest attainable standard of physical and mental health (A/58/427), in which he
reported that persons affected by leprosy and their family members often suffer stigma
and discrimination born of ignorance and prejudice,
Recognizing that more than 16 million people affected by leprosy have been cured
worldwide since the 1980s and that leprosy as a disease has been scientifically and
medically proven to be curable and manageable,
Recognizing also that tens of millions of people and their family members still
suffer from leprosy not only as a disease but also from political, legal, economic or social
Annexure Two
discrimination and ostracization due to societys lack of knowledge and misguided
notions, such as leprosy being incurable or hereditary, and that the issue of leprosy is not
only a matter of medicine or health but also one of discrimination that can give rise to a
clear violation of human rights,
Taking note of the previous work done by the Commission on Human Rights and
its mechanism on discrimination against persons affected by leprosy and their family
members,
Encour aging States to share best practices on combating discrimination against
persons affected by leprosy and their family members and also on their efforts to
achieve full recovery from and manage this disease,
1. Affirms that persons affected by leprosy and their family members should be
treated as individuals with dignity and are entitled to all basic human rights and
fundamental freedoms under customary international law, relevant conventions and
national constitutions and laws;
2. Calls upon Governments to take effective measures to eliminate any type of
discrimination against persons affected by leprosy and their family members, including
awareness-raising;
3. Requests the Office of the United Nations High Commissioner for Human
Rights to include the issue of discrimination against persons affected by leprosy and their
family members as an important matter in its human rights education and awareness-
raising activities;
4. Also requests the Office of the United Nations High Commissioner for
Human Rights to collect information on the measures that Governments have taken to
eliminate discrimination against persons affected by leprosy and their family members,
and, if extra-budgetary funding is available, to hold a meeting to exchange views among
54 55
relevant actors, including Governments, observers of the United Nations, relevant United
Nations bodies, specialized agencies and programmes, non-governmental organizations,
scientists, medical experts as well as representatives of persons affected by leprosy and
their family members, and to transmit a report to the Council and the Human Rights
Council Advisory Committee;
5. Requests the Human Rights Council Advisory Committee to examine the
report referred to in paragraph 4 above, and formulate a draft set of principles and
guidelines for the elimination of discrimination against persons affected by leprosy and
their family members, and to submit it to the Council for its consideration by September
2009;
6. Decides to consider this issue based on these reports submitted to the
Council in September 2009.
28th meeting
18 June 2008
[Adopted without a vote.]
-----
GE.10-15437
Human Rights Council
Fifteenth session
Agenda item 5
Human rights bodies and mechanisms
Draft set of principles and guidelines for the elimination of
discrimination against persons affected by leprosy
and their family members
*
Submitted by the Human Rights Council Advisory Committee
*
Late submission.
United Nations A/HRC/15/30
General Assembly Distr.: General
12 August 2010
Original: English
Annexure Three
56 57
A/HRC/15/30
2
Intr oduction
1. In its resolution 8/13, the Human Rights Council requested the Advisory Committee
to formulate a draft set of principles and guidelines for the elimination of discrimination
against persons affected by leprosy and their family members. The Council also requested
the Office of the United Nations High Commissioner for Human Rights (OHCHR) to hold
a meeting to exchange views among relevant actors, including Governments, observers of
the United Nations, relevant United Nations bodies, specialized agencies and programmes,
non-governmental organizations, scientists, medical experts, as well as representatives of
persons affected by leprosy and their family members, on measures to eliminate
discrimination against persons affected by leprosy and their family members.
2. At its first session, the Advisory Committee designated Shigeki Sakamoto to
formulate the draft set of principles and guidelines. Mr. Sakamoto was invited to participate
in the meeting organized by OHCHR on 15 January 2009.
3. At its third session, the Advisory Committee endorsed the draft set of principles and
guidelines prepared by Mr. Sakamoto, taking into account the report of OHCHR on the
above-mentioned meeting (A/HRC/10/62), and submitted it to the Council for consideration
at its twelfth session.
4. In its resolution 12/7, the Council requested OHCHR to collect the views on the
draft set of principles and guidelines of relevant actors, including Governments, observers
of the United Nations, relevant United Nations bodies, specialized agencies and
programmes, non-governmental organizations, scientists and medical experts, as well as
representatives of persons affected by leprosy and their family members, and to make those
views available to the Advisory Committee. It also requested the Committee to finalize the
draft set of principles and guidelines for submission to the Council by its fifteenth session,
taking into full consideration the views of the above-mentioned relevant actors.
5. The revised draft set of principles and guidelines for the elimination of
discrimination against persons affected by leprosy and their family members
(A/HRC/AC/5/2) was presented by Mr. Sakamoto to the Advisory Committee at its fifth
session. At the same session, taking into account the comments received from Committee
members and other participants during the debate, the draft set of principles and guidelines
was endorsed by the Committee, as orally revised, and annexed to recommendation 5/3. It is
submitted to the Council, as an annex to the present document, for consideration by the
Council at its fifteenth session.
A/HRC/15/30
3
Annex
Pr inciples and guidelines for the elimination of
discr imination against per sons affected by lepr osy and their
family member s
I. Pr inciples
1. Persons affected by leprosy and their family members should be treated as people
with dignity and are entitled, on an equal basis with others, to all the human rights and
fundamental freedoms proclaimed in the Universal Declaration of Human Rights, as well as
in other relevant international human rights instruments to which their respective States are
parties, including the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, and the Convention on the Rights of
Persons with Disabilities.
2. Persons affected by leprosy and their family members should not be discriminated
against on the grounds of having or having had leprosy.
3. Persons affected by leprosy and their family members should have the same rights as
everyone else with respect to marriage, family and parenthood. To this end:
(a) No one should be denied the right to marry on the grounds of leprosy;
(b) Leprosy should not constitute a ground for divorce;
(c) A child should not be separated from his or her parents on the grounds of
leprosy.
4. Persons affected by leprosy and their family members should have the same rights as
everyone else in relation to full citizenship and obtaining identity documents.
5. Persons affected by leprosy and their family members should have the right to serve
the public, on an equal basis with others, including the right to stand for elections and to
hold office at all levels of government.
6. Persons affected by leprosy and their family members should have the right to work
in an environment that is inclusive and to be treated on an equal basis with others in all
policies and processes related to recruitment, hiring, promotion, salary, continuance of
employment and career advancement.
7. Persons affected by leprosy and their family members should not be denied
admission to or be expelled from schools or training programmes on the grounds of leprosy.
8. Persons affected by leprosy and their family members are entitled to develop their
human potential to the fullest extent, and to fully realize their dignity and self-worth.
Persons affected by leprosy and their family members who have been empowered and who
have had the opportunity to develop their abilities can be powerful agents of social change.
9. Persons affected by leprosy and their family members have the right to be, and
should be, actively involved in decision-making processes regarding policies and
programmes that directly concern their lives.
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4
II. Guidelines
1. Gener al
1.1 States should promote, protect and ensure the full realization of all human rights and
fundamental freedoms for all persons affected by leprosy and their family members without
discrimination on the grounds of leprosy. To this end, States should:
(a) Take all appropriate legislative, administrative and other measures to modify,
repeal or abolish existing laws, regulations, policies, customs and practices that
discriminate directly or indirectly against persons affected by leprosy and their family
members, or that forcefully or compulsorily segregate and isolate persons on the grounds of
leprosy in the context of such discrimination;
(b) Ensure that all authorities and institutions take measures to eliminate
discrimination on the grounds of leprosy by any person, organization or private enterprise.
1.2 States should take all appropriate measures to achieve for persons affected by
leprosy and their family members the full realization of all the rights enshrined in the
Universal Declaration of Human Rights and the international human rights instruments to
which they are party, including the International Covenant on Economic, Social and
Cultural Rights, the International Covenant on Civil and Political Rights and the
Convention on the Rights of Persons with Disabilities.
1.3 In the development and implementation of legislation and policies and in other
decision-making processes concerning issues relating to persons affected by leprosy and
their family members, States should consult closely with and actively involve persons
affected by leprosy and their family members, individually or through their respective local
and national organizations.
2. Equality and non-discr imination
2.1 States should recognize that all persons are equal before and under the law and are
entitled, without any discrimination, to the equal protection and equal benefit of the law.
2.2 States should prohibit all discrimination on the grounds of a person having or having
had leprosy, and should guarantee equal and effective legal protection to persons affected
by leprosy and their family members.
2.3 Specific measures which are necessary to achieve de facto equality of persons
affected by leprosy and their family members shall not be considered as discrimination.
3. Women, childr en and other vulner able gr oups
3.1 In many societies, leprosy has a significantly adverse impact on women, children
and other vulnerable groups. States should therefore pay special attention to the promotion
and protection of the human rights of women, children and members of other vulnerable
groups who have or have had leprosy, as well as their family members.
3.2 States should promote the full development, advancement and empowerment of
women, children and members of other vulnerable groups who have or have had leprosy, as
well as their family members.
4. Home and family
States should, where possible, support the reunification of families separated in the
past as a result of policies and practices relating to persons diagnosed with leprosy.
A/HRC/15/30
5
5. Living in the community and housing
5.1 States should promote the enjoyment of the same rights for persons affected by
leprosy and their family members as for everyone else, allowing their full inclusion and
participation in the community.
5.2 States should identify persons affected by leprosy and their family members living
in isolation or segregated from their community because of their disease, and should give
them social support.
5.3 States should enable persons affected by leprosy and their family members to choose
their place of residence and should ensure that they are not obliged to accept a particular
living arrangement because of their disease.
5.4 States should allow any persons affected by leprosy and their family members who
were once forcibly isolated by State policies in effect at the time to continue to live in the
leprosariums and hospitals that have become their homes, if they so desire. In the event that
relocation is unavoidable, the residents of these places should be active participants in
decisions concerning their future. States should, however, improve living conditions in
those leprosariums and hospitals. With due regard to the wishes of the persons affected by
leprosy and their family members, and with their full participation, States should also
design, promote and implement plans for the gradual integration of the residents of such
places in the community and for the gradual phasing out of such leprosariums and hospitals.
6. Par ticipation in political life
States should ensure that persons affected by leprosy, and their family members,
enjoy voting rights, the right to stand for election and the right to hold public office at all
levels of government, on an equal basis with others. Voting procedures must be accessible,
easy to use and adapted to accommodate any individuals physically affected by leprosy.
7. Occupation
States should encourage and support opportunities for self-employment, the
formation of cooperatives and vocational training for persons affected by leprosy and their
family members, as well as their employment in regular labour markets.
8. Education
States should promote equal access to education for persons affected by leprosy and
their family members.
9. Discr iminator y language
States should remove discriminatory language, including the derogatory use of the
term leper or its equivalent in any language or dialect, from governmental publications
and should revise expeditiously, where possible, existing publications containing such
language.
10. Par ticipation in public, cultur al and r ecr eational activities
10.1 States should promote the equal enjoyment of the rights and freedoms of persons
affected by leprosy and their family members, as enshrined in the Universal Declaration of
Human Rights and the international human rights instruments to which they are party,
including, the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights and the Convention on the Rights of
Persons with Disabilities.
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6
10.2 States should promote access on an equal basis with others to public places,
including hotels, restaurants and buses, trains and other forms of public transport for
persons affected by leprosy and their family members.
10.3 States should promote access on an equal basis with others to cultural and
recreational facilities for persons affected by leprosy and their family members.
10.4 States should promote access on an equal basis with others to places of worship for
persons affected by leprosy and their family members.
11. Health car e
11.1 States should provide persons affected by leprosy at least with the same range,
quality and standard of free or affordable health care as that provided for persons with other
diseases. In addition, States should provide for early detection programmes and ensure
prompt treatment of leprosy, including treatment for any reactions and nerve damage that
may occur, in order to prevent the development of stigmatic consequences.
11.2 States should include psychological and social counselling as standard care offered
to persons affected by leprosy who are undergoing diagnosis and treatment, and as needed
after the completion of treatment.
11.3 States should ensure that persons affected by leprosy have access to free medication
for leprosy, as well as appropriate health care.
12. Standar d of living
12.1 States should recognize the right of persons affected by leprosy and their family
members to an adequate standard of living, and should take appropriate steps to safeguard
and promote that right, without discrimination on the grounds of leprosy, with regard to
food, clothing, housing, drinking water, sewage systems and other living conditions. States
should:
(a) Promote collaborative programmes involving the Government, civil society
and private institutions to raise funds and develop programmes to improve the standard of
living;
(b) Provide or ensure the provision of education to children whose families are
living in poverty by means of scholarships and other programmes sponsored by the
Government and/or civil society;
(c) Ensure that persons living in poverty have access to vocational training
programmes, microcredit and other means to improve their standard of living.
12.2 States should promote the realization of this right through financial measures, such
as the following:
(a) Persons affected by leprosy and their family members who are not able to
work because of their age, illness or disability should be provided with a government
pension;
(b) Persons affected by leprosy and their family members who are living in
poverty should be provided with financial assistance for housing and health care.
13. Awar eness-r aising
States, working with human rights institutions, non-governmental organizations,
civil society and the media, should formulate policies and plans of action to raise awareness
throughout society and to foster respect for the rights and dignity of persons affected by
A/HRC/15/30
7
leprosy and their family members. These policies and plans of action may include the
following goals:
(a) To provide information about leprosy at all levels of the education system,
beginning with early childhood education affirming, inter alia, that leprosy is curable and
should not be used as grounds for discrimination against persons who have or have had
leprosy and their families;
(b) To promote the production and dissemination of know your rights material
to give to all persons recently diagnosed with leprosy;
(c) To encourage the media to portray persons affected by leprosy and their
family members with dignified images and terminology;
(d) To recognize the skills, merits and abilities of persons affected by leprosy
and their contribution to society and, where possible, to support exhibitions of their artistic,
cultural and scientific talents;
(e) To encourage creative persons, including artists, poets, musicians and
writers, particularly those who have personally faced the challenges of leprosy, to make a
contribution to awareness-raising through their specific talents;
(f) To provide information to social leaders, including religious leaders, on how
addressing leprosy in their teachings or written materials may contribute to the elimination
of discrimination against persons affected by the disease and their family members;
(g) To encourage higher education institutions, including medical schools and
nursing schools, to include information about leprosy in their curricula, and to develop and
implement a train the trainer programme and targeted educational materials;
(h) To promote implementation of the World Programme for Human Rights
Education and to incorporate the human rights of persons affected by leprosy and their
family members into the national human rights education programme of each State;
(i) To identify ways to recognize, honour and learn from the lives of individuals
forcibly isolated by their Governments for having been diagnosed with leprosy, including
oral history programmes, museums, monuments and publications;
(j) To support grass-roots awareness efforts to reach communities without
access to traditional media.
14. Development, implementation and follow-up to States activities
14.1 States should consider creating or designating a committee to address activities
relating to the human rights of persons affected by leprosy and their family members. The
committee should ideally include individuals affected by leprosy and their family members,
representatives of organizations of persons affected by leprosy, human rights experts,
representatives from the human rights field and related fields, and representatives of
government.
14.2 States are encouraged to include in their State party reports to the relevant treaty
bodies the policies and measures that they have adopted and/or implemented with regard to
the elimination of discrimination against persons affected by leprosy and their family
members.

62 63
United Nations A/RES/65/215
General Assembly
Distr.: General
25 March 2011
Sixty-fifth session
Agenda item 68 (b)
10-52544

Please recycle
Resolution adopted by the General Assembly
|on the report of the Third Committee (A/65/456/Add.2 (Part II))|
65/215. Elimination of discrimination against persons affected by
leprosy and their family members
The General Assemblv.
Recalling the provisions oI the Universal Declaration oI Human Rights.
1
including article 1. which states that all human beings are born Iree and equal in
dignity and rights and that they are endowed with reason and conscience and should
act towards one another in a spirit oI brotherhood.
Recalling also Human Rights Council resolutions 8/13 oI 18 June 2008.
2
12/7
oI 1 October 2009
3
and 15/10 oI 30 September 2010.
4
Reaffirming that persons aIIected by leprosy and their Iamily members should
be treated as individuals with dignity and are entitled to all human rights and
Iundamental Ireedoms under customary international law. relevant conventions and
national constitutions and laws.
1. Welcomes the work oI the Human Rights Council. and takes note with
appreciation oI the work oI the Human Rights Council Advisory Committee on the
elimination oI discrimination against persons aIIected by leprosy and their Iamily
members;
2. Takes note with appreciation oI the principles and guidelines Ior the
elimination oI discrimination against persons aIIected by leprosy and their Iamily
members;
5
3. Encourages Governments. relevant United Nations bodies. specialized
agencies. Iunds and programmes. other intergovernmental organizations and
national human rights institutions to give due consideration to the principles and

1
Resolution 217 A (III).
2
See Official Records of the General Assemblv. Sixtv-third Session. Supplement No. 53 (A/63/53).
chap. III. sect. A.
3
Ibid.. Sixtv-fifth Session. Supplement No. 53 and corrigendum (A/65/53 and Corr.1). chap. I. sect. A.
4
Ibid.. Supplement No. 53A (A/65/53/Add.1). chap. I.
5
A/HRC/15/30. annex.
Annexure Four
A/RES/65/215
2
guidelines in the Iormulation and implementation oI their policies and measures
concerning persons aIIected by leprosy and their Iamily members;
4. Encourages all relevant actors in society. including hospitals. schools.
universities. religious groups and organizations. business enterprises. newspapers.
broadcasting networks and other non-governmental organizations. to give due
consideration. as appropriate. to the principles and guidelines in the course oI their
activities.
71st plenarv meeting
21 December 2010
64 65
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Challenging Anti-Leprosy Legislation (CALL) Project
Te Leprosy Mission Trust India
B-13 A, Institutional Area, Sector 62
NOIDA, Uttar Pradesh 201 307
Tel: 0120 4077200/2400028
Email: call@tlmindia.org