PANKAJ SINHA versus UNION OF INDIA AND OTHERS

Citation: [2018] 13 S.C.R. 334 · Decided: 14-09-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 13 S.C.R.
PANKAJ SINHA
v.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No.767 of 2014)
SEPTEMBER 14, 2018
[DIPAK MISRA, CJI,  A.M. KHANWILKAR AND
DR. D.Y. CHANDRACHUD, JJ.]
Constitution of India – Art.32 – Protection of leprosy affected
persons and their family members – Petitioner sought directions for
the Union of India and the States to conduct periodic national survey
for determining new cases relating to detection rate of leprosy and
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 – Held: Following directions
were issued: (i) Union of India and the States 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 National Sample Survey of Leprosy conducted in
2010-2011 and subsequent thereto into the public domain;
(ii) On the Leprosy day, Union of India and the States should
organize massive awareness campaigns to increase public awareness
about the signs and symptoms of leprosy and the fact that it is curable
by the Multi Drug Therapy (MDT), which is available free of cost
at all government health care facilities and further to ensure that it
do not go out of stock at all Primary Health Centres (PHCs) across
the country; (iii) 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 cases diagnosed
through general health care system including NGOs; (iv) Awareness
campaigns spreading information that a person affected by leprosy
should not be isolated from the family members or the community
and that he can lead a normal married life, can take part in social
events and go to work or school as normal; (v) Medical institutions,
both Government and private, to desist from any discriminatory
behavior while examining and treating leprosy patients, and to
ensure that treatment of leprosy should be integrated into general
[2018] 13 S.C.R. 334
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health care which usher in a no-isolation method in general wards
and OPD services; (vi) 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; (vii) 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; (viii) Union and the State Governments must ensure
that both private and public schools do not discriminate against
children hailing from leprosy affected families and attempt should
be made to provide them free education; (ix) Due attention must be
paid to ensure that persons affected with leprosy are issued BPL
cards so that they can avail benefits under various Government
schemes which would also enable them to secure their right to food;
(x) The Union and the States should endeavor to provide MCR
footware free of cost to all leprosy affected persons in the country;
(xi) The Union and the State Government 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, and implementing scheme
for providing at least a minimum assistance, preferably on a monthly
basis, to all leprosy affected persons for rehabilitation; (xii) Union
Government may consider framing separate rules for assessing
disability of the leprosy affected persons for the purpose of issuing
disability certificate under the Rights of Persons with Disabilities
Act, 2016 – Rights of Persons with Disabilities Act, 2016.
Dhirendra Pandua v. State of Orissa and Others
(2008) 17 SCC 311 : [2008] 13 SCR 714
– referred to.
Case  Law Reference
[2008] 13 SCR 714
     referred to
Para 10
CIVIL ORIGINAL JURISDICTION:  Writ Petition (Civil)
No. 767 of 2014.
Under Article 32 of the Constitution of India.
K. K. Venugopal, AG,  Maninder Singh, Ms. Pinky Anand, ASGs,
Surya P. Misra, AG, Odisha, S. S. Shamshery, AAG, Rajasthan,  Raju
Ramachandran,  Colin Gonsalves, K. Radhakrishnan,   Ms. V. Mohana,
Sr. Advs., Ms. Pallavi Mohan, Ms. Rashmi Nandakumar, Ms. Dhvani

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