Rajasthan still bans leprosy patients from polls

  • | Thursday | 12th July, 2018

The Rajasthan Panchayati Raj Act, 1994, disqualifies a leper from contesting panchayat elections. The state government should not only delete redundant laws but should also do away with the archaic and discriminatory laws. More than 60 principal laws and over 180 amendment Acts that had become redundant have been repealed so far. JAIPUR: Rajasthan has the dubious distinction of discriminating against and stigmatising leprosy patients as Section 19(f) of the Rajasthan Panchayati Raj Act, 1994, disqualifies a leprosy victim from contesting panchayat elections.Section 19 of the law lays down qualifications required for contesting panchayat elections as a panch or a member. TimesView Since 2014, Rajasthan has been doing a commendable job in repealing redundant laws.

TimesView Since 2014, Rajasthan has been doing a commendable job in repealing redundant laws. More than 60 principal laws and over 180 amendment Acts that had become redundant have been repealed so far. The state government should not only delete redundant laws but should also do away with the archaic and discriminatory laws. Unfortunately, a law that is discriminatory against lepers continues. The Rajasthan Panchayati Raj Act, 1994, disqualifies a leper from contesting panchayat elections. It is high time this law too should go. Medical science has made huge progress in the past few decades. Leprosy, which is among the most misunderstood diseases in the world, is now curable. In 2015, the Law Commission of India came up with a draft on eliminating discrimination against lepers. One hopes, the state government too would act in eliminating the discrimination. JAIPUR: Rajasthan has the dubious distinction of discriminating against and stigmatising leprosy patients as Section 19(f) of the Rajasthan Panchayati Raj Act, 1994, disqualifies a leprosy victim from contesting panchayat elections.Section 19 of the law lays down qualifications required for contesting panchayat elections as a panch or a member. It also mentions persons debarred from contesting.According to Sec 19(f), a person is debarred if he/she "is a leper or is suffering from any other bodily or mental defect or disease rendering him incapable for work".Prem Singh Mehra, commissioner, state election commission, said, "It is the government that defines the conditions of eligibility of candidates. The commission's role is limited and well defined."The state election officer said they are just following the rules of the government .Prem Singh Mehra, commissioner, state election commission added, “The state election commission’s role is to conduct panchayat and local body elections on time every five years without failure. However, the commission is free to give proposals to the government.”PUCL Rajasthan president Kavita Srivastav said, “The state government has been following a policy of exclusion as far as panchayat raj is concerned. Whether it is the two-child norm, educational qualifications, having toilets at home, leprosy, etc., the government seems more focused on who to exclude from elections at the lower levels. These are regressive measures that discriminate against people on one pretext or the other.” She said science had advanced, leprosy was now curable and it was high time the act was amended.A senior official in the panchayat raj department told TOI, “We are in the process of amending the provision (Sec 19-f). The amendment bill is ready and may be moved in the next session of the state assembly.”The Supreme Court, while hearing a recent PIL against discrimination against leprosy victims, had said, “Persons suffering from leprosy also have the right to live with human dignity.” The apex court had added, “It is the duty of the Centre and the states to ensure that leprosy patients are rehabilitated and brought to the mainstream.”The SC said there was no justification to treat a person suffering from leprosy as one to be kept away from the mainstream and made to suffer from ignominy that the disease was infectious and had something to do with genetics.The court referred to the 256th Law Commission’s report and said the recommendation on repealing discriminatory legal provisions has not been acted upon by the Centre and the states. The apex court directed its registry to send its order to the chief secretaries of all states by email and Speed Post for compliance and list the PIL by Vidhi Centre for Legal Policy (VCLP) for further hearing on August 28.Earlier, too, the apex court had asked the Centre and the states to “rise to the occasion” and work for eradication of leprosy, which was “curable”, besides removing archaic provisions from laws that discriminate against and stigmatise those affected.The court said such outdated provisions denied them access to public services, imposed disqualifications on them under personal laws and prohibited them from occupying or standing for public posts or office.

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