Newly passed Personal Laws Amendment Bill strikes out leprosy as a ground for seeking divorce

 

The bill seeks to remove leprosy as a ground for divorce in five personal laws - Hindu Marriage Act, Dissolution of Muslim Marriages Act, Divorce Act (for Christians), Special Marriage Act and the Hindu Adoptions and Maintenance Act.

A bill seeking to remove leprosy as a ground for divorce was passed by Lok Sabha on January 7, 2019

India is a signatory to a UN Resolution which calls for elimination of discrimination against persons suffering from leprosy.

The Cabinet, the highest decision-making body in the Indian Government, chaired by the Prime Minister, has approved the Personal Laws (Amendment) Bill 2018 which amends the Divorce Act, strikes out leprosy as a ground for seeking divorce. The Bill was introduced in Lok Sabha in August 2018.

"Leprosy patients were isolated and segregated from society as the leprosy was not curable and the society was hostile to them. However, as a result of intensive healthcare and availability of modern medicine to cure the disease, the attitude of the society towards them began to change. The discriminatory provisions contained in various statutes against the persons affected with leprosy were made prior to the medical advancements rendering leprosy a curable disease.” The bill states.

Before this landmark decision, people affected by leprosy were equated with those experiencing mental illness under several Marriage Acts and the Indian Divorce Act.

"Having regard to the recommendations of the National Human Rights Commission, the observations of the Committee on Petitions of the Rajya Sabha, recommendations of the Law Commission and the observations made by the Supreme Court, the Government has decided to omit such discriminatory provisions from the Personal Laws," the Bill then states.