February 23, 2019:
The Government of India has notified the Personal Laws (Amendment) Act, 2019 that omits leprosy as a ground for divorce from various statutes governing marriage in India.
Leprosy can no longer be a ground for divorce anymore.
Parliament had earlier passed a Bill removing leprosy as a ground for divorce under five personal laws including the Hindu Marriage Act.
The Rajya Sabha on the last day of the Budget session passed the Bill without debate after consensus on the issue.
The first attempt towards eliminating the bias perpetuated by Indian laws against people suffering from the disease was made in 2008, when the National Human Rights Commission recommended amendments in certain personal laws and other legislations.
In 2010, the UN General Assembly adopted a Resolution on the ‘Elimination of discrimination against persons affected by leprosy and their family members’. It was signed and ratified by India.
Subsequently, the Law Commission of India in its 256th Report recommended the elimination of discrimination against people affected by Leprosy.
The Supreme Court recently has issued a slew of directions to the Central & State Governments in order to spread awareness about leprosy.
The Judgment also contained directions to facilitate a life of equality and dignity for those affected by the disease.
The PIL filed by Vidhi Centre for Legal Policy averred that at least one hundred and nineteen statutes (both Central & State) discriminate against patients affected by the disease and that the same violates the fundamental rights under the Constitution.
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Personal Laws (Amendment) Act, 2019
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