REPORTABLE  

IN THE SUPREME COURT OF INDIA  

CIVIL ORIGINAL JURISDICTION  

WRIT PETITION (CIVIL) NO.767 OF 2014  

Pankaj Sinha              ...Petitioner(s)  

versus  

Union of India and Others            ...Respondent(s)  

J U D G M E N T    

Dipak Misra, CJI  

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.

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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

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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 not 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 not 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."  

 4. On 28th November, 2014, the Court passed the following order:-

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"Mr. Maninder Singh, learned Additional Solicitor General  appearing for Union of India prays for four weeks time to  file the requisite data as directed by this Court vide order  dated 1.9.2014. Mr Singh has assured this Court that he  will not seek further adjournment.    The respondent States shall file their respective replies  within the said period. If, they are unable to collect the  data throughout the State, whatever data they have  collected during the time granted by us, shall be brought  on record.    We have granted four weeks time as we are inclined to  think that this is a cause which can be taken on a priority  basis by the States, for what has been agitated before us  is that the leprosy, as on today, is curable. Yet, because  of apathy shown by the concerned authorities, it still  remains a stigmatic disease in the society. It is  inconceivable as it affects the human dignity and the  basic concept of humanness."  

 5. Be it noted, the Insurance Regulatory and Development Authority  

(IRDA) and the Reserve Bank of India (RBI) were arrayed as respondent  

Nos.31 and 32 in the writ petition and they had taken time to obtain  

instructions.  

6. On 13th January, 2015, after taking note of the submissions made by  

the learned counsel for the parties, the Court had noted thus:-  

"Needless to say, curability is admitted depending upon  the degree. As advised at present, we are of the  convinced view that more progressive steps are required  to be taken by the Union of India and the States. It would  be advisable, if the Union of India and the States can  think of having Leprosy Cure Centres, where medication

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follow up and other treatment protocols are followed in  proper prospective so that the stigmatic disease is  eradicated or reduced to a significant  percentage. Mr.  Maninder Singh, learned Additional Solicitor General and  other learned counsel appearing for various States pray  for four weeks' time to obtain instructions in this regard."  

7. Taking into consideration the affidavits filed and instructions obtained,  

the Court, on 23rd April, 2015, passed the following order:-  

"It is submitted by Mr. Maninder Singh, learned Additional  Solicitor General appearing for Union of India, that as far  as prayers (A) and (B) are concerned, he will produce the  data and the report as prayed for and also file a reply  supported by an affidavit in that regard. As far as prayer  (E) is concerned, we would like Mr. Maninder Singh,  learned Additional Solicitor General to obtain instructions  whether the concerned Ministry, i.e., Ministry of Health  and Family Welfare, Government of India, has any team  which is exclusively meant to look after the leprosy homes  or leprosy colonies and eventually the patients suffering  from leprosy. We would like the affidavit to contain what  kind of treatment is administered when the initial  symptoms get manifested. In essence, whether there is  any machinery to that effect. We have so directed as  there is no dispute that the leprosy is totally curable in  21st century. We accept the submission of Mr. Kamlesh  Kumar Mishra, learned counsel for the petitioner, that the  Union of India and all the State Governments have a duty  to see that this century old stigmatic disease is  eradicated. We also accept his submission that it can be  done with a concerted effort by the Union of India and the  States.  

Mr. Ranjit Rao, learned AAG for the State of U.P., has  submitted that in the State of U.P. there is a rehabilitation  programme of the leprosy patients and throughout the  State, the patients are administered medicines and some  of them have been cured. Be it noted, the Director

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Genearal of Medical and Health, Government of U.P. has  filed an affidavit in that regard. At this juncture, it is  necessary to state that the affidavit reflects that there are  72 leprosy centres and in the 72 centres, approximately  5,000 persons, including the leprosy patients and their  dependents, are residing. The said aspect is required to be  verified and accordingly we constitute a Committee  consisting of Mr. Ashok Gupta, learned senior counsel,  Supreme Court of India, Mr. Om Subhash Tripathi, M-1,  Govindpur, Allahabad and Mr. Chander Shekhar Singh,  58/14, Lai Bhadur Shastri Marg, Civil Lines, Allahabad.    The Committee shall initially visit the leprosy homes at  Lucknow, Banaras and Agra. The Committee shall submit  a report within eight weeks hence. The State Government  shall pay the fees of the members of the Committee  which is conceded to by Mr. Ranjit Rao, learned AAG.  This concession is given in presence of Mr. Vijay Bahadur  Singh, learned Advocate General for the State of U.P. We  are not determining the quantum of fees. We hope that  the State will fix the quantum, regard being had to the  experience of the 5 members of the Committee at the  Bar. The visits of the Committee shall be coordinate by  Mr. Rao after holding discussions with Mr. Ashok Gupta,  learned senior counsel."  

 8. It is worthy to note here that during the pendency of this writ petition,  

another Writ Petition (Civil) No. 1151 of 2017 was filed seeking the relief  

that number of legislations be declared as unconstitutional being violative  

of Articles 14, 19(1)(d), 19(1) (g) and 21 of the Constitution of India. In the  

course of hearing of the said writ petition, our attention had been drawn to  

the 256th Report of the Law Commission. The said report had been  

submitted on the basis of the initiative taken by the Union of India titled

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"Legal Enactments Simplification and Streamlining". The Law Commission  

had referred to the provisions of the Leprosy Act and adverted to the  

Second Interim Report No.249 wherein it had been mentioned that India is  

a member of the U.N. General Assembly which unanimously passed a  

resolution on the elimination of discrimination against persons affected by  

leprosy and their family members. As per the Law Commission Report, the  

Leprosy Act was against the spirit of the Resolution and, therefore, required  

immediate repeal in consultation with the States. Paragraphs 2.2.1, 2.2.2  

and 2.2.3 were reproduced by this Court when the said writ petition was  

taken up on 5th July, 2018. We think it appropriate to reproduce the said  

paragraphs and other paragraphs that had been adverted to for proper  

appreciation:-  

"In paragraphs 2.2.1 to 2.2.3, there has been a reference  to the facts and myths surrounding leprosy. We think it  appropriate to reproduce the said paragraphs:    

"2.2.1 There are several myths and distortions  surrounding Leprosy that are sought to be clarified in  this Chapter. Such myths consider Leprosy as a  hereditary and infectious disease that is caused due to  impure blood and poverty. Many also believe that the  infection of Leprosy spreads through food and water  and is difficult to detect. However, all such beliefs are  not based on evidence and therefore without merit.  

2.2.2 Leprosy is not a hereditary disease and is not  caused due to impure blood or poverty, but due to the  causative agent Mycobacterium Leprae as mentioned  above. Further, even though Leprosy is a chronic

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infectious disease, it is neither difficult to diagnose nor  hard to treat. The main consideration for an effective  Leprosy treatment is early detection and regularity in  treatment.  

2.2.3 All persons are not susceptible to Leprosy,  although insanitary conditions, malnutrition and lack of  personal hygiene may increase the chances of getting  infected by the Leprosy bacillus or a host of other  diseases and infections caused on account of such  conditions. Further, Leprosy is not a fatal disease,  even though on account of the stigma and  discrimination, it may cause permanent psychological  and social damage to the victims."  

In paragraph 2.4.2., it has been mentioned that leprosy is  a completely curable disease. We think it relevant to  reproduce paragraph 2.4.2. which is to the following  effect:    

"2.4.2 Although Leprosy is the cause of irreversible  disabilities, with advances in science and technology in  the field of Leprosy treatment during the last three  decades, it is now a completely curable disease that  can be rendered non-infectious in the initial stages of  the treatment itself. The treatment that has made it  possible to cure Leprosy is the process of Multi-Drug  Therapy ("MDT"), which was first recommended by the  WHO in early 1980s after over 40 years of research  and testing. Under MDT, powerful drugs such as  Rifamipicin, Clofazimine and others in combination  with Dapsone, are administered to the affected person  to effectively fight the Leprosy bacillus. Over the past  two decades, more than 15 million Persons affected by  Leprosy are said to have been cured under MDT."    

Eventually, after analysing various aspects, the Law  Commission recommended as follows:    

"7.13 This statute should be titled as the "Elimination of  Discrimination against Persons affected by Leprosy

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Bill, 2015". This standalone law, apart from  comprehensively covering the repeal/modification of  the specified statutes, shall contain principles of  nondiscrimination and equal protection before law.  These principles shall specify that (1) No person, or  public or private establishment shall discriminate  against any person affected by Leprosy, or members  of his family on any ground in relation to their affliction  of Leprosy, or their disability, physical attributes or any  other form of their association with Leprosy; and (2) All  persons affected by Leprosy and members of their  family shall be entitled to the recognition, enjoyment  and exercise, on an equal basis, of all human rights  including freedoms guaranteed by the Constitution of  India. Further, the law shall also contain enabling  provisions regarding affirmative action and repeal and  amend discriminatory provisions listed above.    7.14 A model Bill is provided in the Annexure for the  consideration of the Government of India. The Law  Commission of India believes that the fact that India is  home to the most number of Persons affected by  Leprosy in the world is a matter of deep shame.  Further, despite clear scientific evidence and  pioneering social efforts, the stigma associated with  leprosy still continues unabated. The proposed Bill is  an important step in eliminating the social  discrimination faced by such persons, a necessary  precursor to their reintegration into society. As a  humane society that believes in human rights for all,  especially its poorest, the Law Commission believes  that the Bill should be converted into a law as  expeditiously as possible by the Government of India."    

 9. After referring to the same, the Court observed:-  

"The annexure contains a draft Bill, namely, Eliminating  Discrimination Against Persons Affected by Leprosy  (EDPAL) Bill, 2015. The Law Commission recommended  the repeal of the Lepers Act and other laws, which create

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any kind of stigma, disability or discrimination against  persons suffering from leprosy. Despite the  recommendations made by the Law Commission, it is  submitted by Mr.Raju Ramachandran, learned senior  counsel for the petitioner, no steps have been taken to  repeal those obsolete laws, except for the Lepers Act  which has been repealed."  

 10. In the said order, a reference was made to a two-Judge Bench decision  

rendered in Dhirendra Pandua vs. State of Orissa and Others1 wherein  

the learned Judges had taken note of the progress made in the field of  

science and technology and curability of leprosy. The said paragraphs read  

as follows:-  

"29. It is true that now with aggressive medication a  patient may be fully cured of the disease, yet the  Legislature in its wisdom has thought it fit to retain such  provisions in the statute in order to eliminate the danger  of its being transmitted to other people from the person  affected by the disease. Having regard to these  circumstances, we are convinced that the said  classification does bear a reasonable and just relation  with the object sought to be achieved by the statute in  question and cannot be said to be unreasonable or  arbitrary. Accordingly, we hold that Sections 16(l)(iv) and  17 (l)(b) of the Act are not violative of Article 14 of the  Constitution.    30. Before parting with this case, we deem it appropriate  to point out that having regard to the changed concept  and knowledge gained about the disease of leprosy, on  the recommendation of the Working Group on Eradication  of Leprosy, appointed by the Government of India, many  State Governments and Union Territories have repealed  

                                                           1 (2008) 17 SCC 311

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the antiquated Lepers Act, 1898 and subsequent similar  State Acts, providing for the segregation and medical  treatment of pauper lepers suffering from infectious type  of disease. Therefore, keeping in view the present  thinking and researches carried on leprosy as also on  tuberculosis, and with professional input, the Legislature  may seriously consider whether it is still necessary to  retain such provisions in the statutes."  

 11. In the said order, the Court emphasized on social awakening, the  

curability of the disease and lack of professional approach to the same and  

the social stigma that still remains attached to the said disease. The  

directions issued by the Court in the said case are to the following effect:-  

"(i)  The Union of India and the Department of Health  and other concerned Departments shall carry out  awareness campaigns at various levels so that people  come to know about the curability of the disease and of its  not being contagious.    (ii)  Some responsible authorities, at least two, shall  be exclusively nominated for the said duty.    (iii) There should be specific programmes on All  India Radio and Doordarshan, both at the Central and the  State level, as also on the regional channels, for  educating people about the fact that leprosy is not a  communicable disease and not to treat any person  suffering from that disease with any kind of stigma or  discrimination.    (iv) The programmes shall be shown on  Doordarshan, both on the national and the regional  channels, to the extent feasible on prime time so that the  people can see them.   

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(v)  Hospitals should not decline to treat such  patients suffering from leprosy for administering the first  dosage and thereafter provide treatment if they suffer  from any other disease. It has to be remembered that a  person has a right to avail the treatment in the  government hospitals.    (vi) The awareness campaign must cover all areas  from urban areas to the panchayat level so that there will  be a concrete and holistic approach with regard to  awareness.    (vii) The Union of India and the States shall take  steps to rehabilitate persons suffering from leprosy to  bring them in the main-stream. It should be the primary  duty of the State to see that this category of persons does  not suffer from any kind of stigma.    (viii) We would commend to the Union of India and  the State Governments to apprise us about the steps  taken with regard to the repeal of the provisions where  leprosy has been treated as a stigmatic disability. A report  of compliance shall be filed by the Union of India as well  as all the States."  

 12.  The said writ petition was adjourned to 20th August, 2018, seeking  

due compliance. On 20th August, 2018, after hearing the learned Attorney  

General for India and learned counsel for the parties, the Court passed the  

following order:-  

"In the course of hearing of the petition, we sought the  assistance of Mr. K.K. Venugopal, learned Attorney  General for India. According to Mr. Venugopal, apart from  positive law and repeal of statutes which relate to the  stigma attached to leprosy patients, there has to be  awareness campaign at various levels so that the people  come to know that the disease is not incurable and

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further, after administration of the first dosage, it ceases  to be contagious. Learned Attorney General would also  submit that the patients suffering from leprosy, who have  lost their limbs, can be brought to the mainstream of  society if certain treatments are given by plastic surgery.  

Mr. Raju Ramachandran, learned senior counsel for the  petitioner submitted that pending repeal of the  enactments, this Court should issue directions so that the  patients suffering from leprosy live a life of dignity with  decency. Regard being had to the non-adversarial  submissions at the Bar, we would ask the learned  Attorney General as well as Mr.Raju Ramachandran,  learned senior counsel for the petitioner to give their  suggestions in writing so that this Court will be in a  position to issue appropriate directions.  

Let the matter be listed on 10.09.2018.  

In the meantime, learned Attorney General shall apprise  us whether a recommendation can be made to the  legislature to pass an affirmative law conferring certain  rights and benefits on the persons suffering from leprosy  and any statute, rule, regulation orenactment, running  counter to the affirmative law, shall be treated to have  been repealed."  

13.  On 10th September, 2018, the following order came to be passed:-   

 "Mr. Raju Ramachandran, learned senior counsel has filed  certain 'Suggestions' as part of his submissions. He has  given 11 suggestions.  

Out of the 11 suggestions, suggestion nos.10 and 11  pertain to the legislative realm. Mr. Venugopal, learned  Attorney General would pray for six weeks' time in respect  of these two aspects.  

As far as the other 9 suggestions are concerned, prima  facie we are of the view that they would fall within the

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executive sphere. The said suggestions are - (i)  Awareness, Sensitisation and Dissemination of action  taken; (ii) Nondiscrimination; (iii) Pensionary benefits for  persons affected by leprosy; (iv) Healthcare and  Rehabilitation; (v) Housing assistance; (vi) Education; (vii)  Employment and livelihood; (viii) Welfare; and (ix)  Language and Expression.  

We would request Mr. Venugopal, learned Attorney  General to assist with regard to the aforesaid 9 aspects  by filing his suggestions within four weeks hence.  All the States shall file their response with regard to the  steps taken and to be taken, keeping in view the  constitutional goal."   

 14. In the instant writ petition, the petitioner has drawn the attention of the  

Court to the fact that although leprosy as a disease has been scientifically  

and medically proven to be curable and manageable with MDT, yet the fact  

remains that millions of people and their family members still suffer from  

leprosy and the social, economic and cultural stigma attached to the said  

disease. This fact reveals the lack of awareness and the prevailing  

misguided notions in the society pertaining to leprosy. Further, the  

miserable plight of the persons afflicted with leprosy does not end here. It  

has been highlighted that due to the disability that entails as a result of the  

disease, the people affected by leprosy suffer additional discrimination in  

the form of denial of access to health services, education and livelihood  

options. At present, majority of the populace which is afflicted with leprosy  

live as a marginalized section in the society deprived of even basic human

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rights which manifestly results in violation of the fundamental right to  

equality and right to live with dignity.   

15. It has been further brought to the attention of the Court that as per the  

requirements of the World Health Organization (WHO), all countries are  

required to achieve a prevalence of less than one leprosy case per 10,000  

persons and although India had declared way back in 31.12.2005 that it  

has achieved the said goal of elimination of leprosy, yet the progress  

reports of NLEP which have been reporting prevalence rate in certain  

States of the Ministry of Health and Family Welfare exposit an entirely  

different reality. As per the said reports, out of 642 districts in India, only  

543 districts have achieved a prevalence rate of less than one case of  

leprosy for 10,000 persons. The underestimation of the cases of leprosy  

and the declaration of elimination of leprosy has resulted in the integration  

of leprosy in general health services thereby leading to diversion of funds  

which would have otherwise been dedicated to eliminating leprosy.   

16. The petitioners have expressed deep concern over the fact that  

although a National Sample Survey of Leprosy was conducted by the  

respondent No. 1,  Union of India, yet the said survey has never been  

brought out in the public domain. The desired results have not been  

achieved due to improper dispensation of the MDT drugs through the PHCs

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established for the said purpose.  It is urged that the staff of PHCs display  

sheer lack of sensitivity while dealing with patients affected with leprosy as  

a consequence of which the level of stigma and isolation still prevails  

amongst the said patients. Several incidents have also been reported  

which have brought to light the discriminatory treatment meted out by the  

Government hospitals to leprosy affected pregnant women and cases  

wherein women have been refused treatment solely on account of being  

affected by leprosy.  Another aspect, that is,  the area of education has also  

been brought forth by the petitioners. It has been urged that lack of  

adequate education facilities would further magnify the sense of insecurity  

and stigma prevailing amongst the persons affected with leprosy. For any  

development to take place, the first step would be in the direction of  

ensuring quality education for the children who are the wards of people  

affected with leprosy.  

17. It has been pointed out that several instances have come to fore  

highlighting that the persons affected with leprosy are being provided with  

APL cards and not BPL cards which prevented these people from claiming  

benefits under various schemes brought out by the Government, such as  

the Antyodaya Anna Yojana (AAY), which again deprives this section of the  

populace from claiming their right to food. Deprivation of housing and other

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basic civic amenities, adequate sanitary facilities and rehabilitation  

programmes are yet other serious concerns which, if not addressed, would  

lead to the entire reformatory process taking a huge setback.  

18. Keeping in view the factual matrix in entirety and the submissions  

advanced, we think it appropriate to issue the following directions :-  

(i) The Union and the States are to undertake periodical  

national surveys for determining the prevalence rate and  

new cases detection rate of leprosy and, at the same  

time, publish and bring the reports of the National Sample  

Survey of Leprosy conducted in 2010-11 and subsequent  

thereto into the public domain. That apart, the activities of  

the National Leprosy Eradication Programme (NLEP)  

must be given wide publicity;  

(ii) On leprosy day which is internationally observed every  

year on the last Sunday of January, the Union of India  

along with all State Governments should organize  

massive awareness campaigns to increase public  

awareness about the signs and symptoms of leprosy and  

the fact that it is perfectly curable by the Multi Drug

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Therapy (MDT). Awareness should also be spread about  

the free availability of MDT at all government health care  

facilities in the country, the prescribed course for MDT  

treatment and all other relevant information related to  

MDT. The content and information contained in the  

awareness programmes should discontinue to use  

frightening images of people disabled with leprosy and  

instead use positive images of cured persons sharing  

their experiences of being cured of leprosy;  

(iii) The Union and the States are to ensure that drugs for  

management of leprosy and its complications including  

the MDT drugs are available free of cost and do not go  

out of stock at all Primary Health Centres (PHCs) or, as  

the case may be, public health facilities in the country;  

(iv) All-year awareness campaigns should also be run, by the  

Union as well as the States, to inform the citizenry that  

under the National Leprosy Eradication Programme  

(NLEP), treatment is provided free of cost to all leprosy

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cases diagnosed through general health care system  

including NGOs;  

(v) The Union and the States must organize seminars at all  

levels which serve as platforms to hear the views and  

experiences directly from the former patients and their  

families as well as doctors, social workers, experts, NGOs  

and Government officials;  

(vi) The awareness campaigns must include information that  

a person affected by leprosy is not required to be sent to  

any special clinic or hospital or sanatorium and should not  

be isolated from the family members or the community.  

The awareness campaigns should also inform that a  

person affected with leprosy can lead a normal married  

life, can have children, can take part in social events and  

go to work or school as normal. Acceptability of leprosy  

patients in the society would go a long way in reducing  

the stigma attached to the disease;  

(vii) Health care to leprosy patients, at both Government as  

well as private run medical institutions, must be such that  

medical officials and representatives desist from any  

discriminatory behaviour while examining and treating

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leprosy patients. Treatment of leprosy should be  

integrated into general health care which will usher in a  

no-isolation method in general wards and OPD services.  

In particular, it must be ensured that there is no  

discrimination against women suffering from leprosy and  

they are given equal and adequate opportunities for  

treatment in any hospital of their choice. To this effect,  

proactive measures must be taken for sensitization of  

hospital personnel;  

(viii) Patients affected with leprosy, for whom partial deformity  

can be corrected by surgery, should be advised and  

provided adequate facility and opportunity to undergo  

such surgeries;  

(ix) The possibility of including leprosy education in school  

curricula so as to give correct information about leprosy  

and leprosy patients and prevent discrimination against  

them should be explored;  

(x) The Union and the State Governments must ensure that  

both private and public schools do not discriminate  

against children hailing from leprosy affected families.

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Such children should not be turned away and attempt  

should be made to provide them free education;  

(xi) Due attention must be paid to ensure that the persons   

affected with leprosy are issued BPL cards so that they  

can avail the benefits under AAY scheme and other  

similar schemes which would enable them to secure their  

right to food;  

(xii) The Union and the States should endeavour to provide  

MCR footwear free of cost to all leprosy affected persons  

in the country;  

(xiii) The States together with the Union of India should  

consider formulating and implementing a scheme for  

providing at least a minimum assistance, preferably on a  

monthly basis, to all leprosy affected persons for  

rehabilitation;  

(xiv) The Union and the State Governments must pro-actively  

plan and formulate a comprehensive community based  

rehabilitation scheme which shall cater to all basic  

facilities and needs of the leprosy affected persons and  

their families. The scheme shall be aimed at eliminating

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the stigma that is associated with persons afflicted with  

leprosy.  

(xv) The Union Government may consider framing separate  

rules for assessing the disability quotient of the 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).  

19. The writ petition is, accordingly, disposed of.  There shall be no order  

as to costs.  

 …………………………….CJI  

      (Dipak Misra)         

       ………………………….…..J.         (A.M. Khanwilkar)     

………………………….…..J.         (Dr. D.Y. Chandrachud)   

New Delhi;  September 14, 2018