WWW.LIVELAW.IN WP(C) 1151/2017
1 ITEM NO.77
COURT NO.1 S U P R E M E C O U R T O F RECORD OF PROCEEDINGS
SECTION PIL-W I N D I A
Writ Petition (Civil) No.1151/2017 VIDHI CENTRE FOR LEGAL POLICY
Petitioner(s) VERSUS
UNION OF INDIA & ORS.
Respondent(s)
Date : 11-01-2018 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s)
Ms. Pallavi Mohan, Adv. Ms. Rashmi Nandakumar, AOR
For Respondent(s)
Ms. Ms. Mr. Ms. Mr.
Pinky Anand, ASG V. Mohana, Sr. Adv. Sayooj Mohandas M., Adv. Saudamini Sharma, Adv. M.K. Maroria, Adv.
Mr. Sanjai Kumar Pathak, AOR Mr. Arvind Kumar Tripathi, Adv. Mr. Akhilendra Singh, Adv. Mr. K. V. Vijayakumar, AOR Ms. Maitreyee Mishra, Adv. Mr. Mr. Mr. Mr. Signature Not Verified Digitally signed by CHETAN KUMAR Date: 2018.01.11 20:34:04 IST Reason:
Yashvardhan, Adv. Jagjit Singh Chhabra, AOR Ambuj Dixit, Adv. Saksham Maheshwari, Adv.
Mr. Varinder Kumar Sharma, AOR Ms. Suman Rani, Adv. Dr. Monika Gusain, Adv. Mr. Ram Kumar Tripathi, Adv.
WWW.LIVELAW.IN WP(C) 1151/2017
2 Mr. Shuvodeep Roy, Adv. Mr. Sayooj Mohandas M., Adv. UPON hearing the counsel the Court made the following O R D E R Heard Ms.
Pallavi Mohan,
learned counsel
for the
petitioner. While issuing notice on 4th December, 2017, we had noted thus:“Heard Mr. Raju Ramachandran, counsel for the petitioner.
learned
senior
The instant petition preferred under Article 32 of the Constitution of India, on a first look, seems quite ambitious and technically not sound because the petitioner has not only prayed for declaring certain Central enactments as unconstitutional but also many State legislations. However, we do not intend to be totally guided by the technicalities or whatever is being suggested in the petition. The seminal issue that has been highlighted in the petition is that in the second decade of 21st Century, there is no justification to treat a person suffering from leprosy as a person who is to be kept away from the mainstream of life and suffer the agony on the age-old beliefs that the disease is a sin or for that matter, is infectious or something to do it genetics. With the discovery of modern medicines, the disease has become absolutely curable and, therefore, the steps are required to be taken to cure them and bring them in the society and not to keep them away in the leprosy homes where they feel different and sometimes alien. Issue notice, fixing a returnable date within eight weeks. Dasti, in addition, is permitted.” There is no quarrel over the fact that there are Central
Acts
and
the
State
laws
which
treat
the
persons
suffering from leprosy, which is presently a curable disease,
WWW.LIVELAW.IN WP(C) 1151/2017
3 differently. Awaiting service return from the States, the learned counsel for the petitioner would submit that there should be advertence to the Central Acts first. of
Central
Acts,
which
reflect discrimination.
are
also
She has given a list
brought
on
record.
They
The said Acts are:-
1.
Visva Bharati Act, 1951
2.
Pondicherry University Act, 1985
3.
University of Hyderabad Act, 1974
4.
North-Eastern Hill University Act, 1973
5.
Jawahar Lal Nehru University Act, 1966
6.
Banaras Hindu University Act, 1915
7.
Delhi Municipal Corporation Act, 1957
8.
Chennai Metro Railway (Carriage and Ticket) Rules, 2014
9.
Metro Railways (Carriage and Ticket) Rules, 2014
10. Bangalore Metro Railway (Carriage and Ticket) Rules, 2011 11. Hindu Adoption and Maintenance Act, 1956 12. Hindu Marriage Act, 1955 13. Special Marriage Act, 1954 14. Dissolution of Muslim Marriage Act, 1939 Ms.
Pinky
Anand,
learned
Additional
Solicitor
General appearing for the Union of India would submit that she has instructions to state that wherever there will be any provision
which
prejudicial
to
can the
be
viewed
persons
as
suffering
discriminatory from
leprosy,
or that
shall be adequately dealt with. When she says that adequately dealt
with,
she
means,
as
we
have
corrective/remedial measures shall be taken.
been
apprised,
WWW.LIVELAW.IN WP(C) 1151/2017
4 At
this
juncture,
we
can
only
say
that
the
legislations when came into force, the disease was viewed in a different manner, possibly without any cure, but today when the advancement of science has taken place and there is a cure for the same, corrective steps are imperative. And we are sure that the apposite steps shall be taken. will
be
any
other
law
containing
similar
If there
provision,
that
shall also be looked into. In
view
of
the
aforesaid
statement
made
by
the
learned Additional Solicitor General, we would like to give her some time to file a reply about the progress made in this regard.
For the moment, we do not intend to say any further. In
the
meantime,
directed
to
look
similar
exercises
all
into
their
so
that
the
State
legislations there
will
Governments and be
are
carry
out
no
such
discrimination. At this juncture, learned counsel for the petitioner undertakes to serve a copy of the order passed today on the Standing
Counsel
Territories.
for
the
respective
States
and
the
Union
The Registry is directed to send a copy of the
order passed today to the Chief Secretaries of each of the States. List the matter on 12th March, 2018.
(Chetan Kumar) Court Master
(H.S. Parasher) Assistant Registrar
