Attempts must be made to bring those cured of leprosy back to the mainstream, the high court has said while asking the Municipal Corporation of Delhi (MCD) to ensure that those affected by the disease are not evicted from their colonies.
In a recent order, the court also said leprosy-affected people should be considered for appointments under the persons with disability quota and people must be made aware and sensitised to ensure that such patients are not discriminated against.
The court, while declining a prayer for grant of title of a land occupied by those living in a leprosy colony — Leprosy Complex, Tahirpur — asked the MCD to ensure that there are no encroachments on the land.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said the material on record indicates that leprosy is a curable disease and once someone is cured of it, steps must be taken to ensure that the person is rehabilitated.
“This court is, however, not in a position to accede to the prayer made by the petitioner for grant of title of land occupied by the persons staying in the leprosy colonies. The purpose of having leprosy colonies is for the benefit of leprosy-affected persons and once a person is cured of the disease, he should be in a position to leave these colonies and steps must be taken to rehabilitate him.
“Title of land cannot be granted to such persons to permit them to continue in these colonies generation after generation even though the future generations will not be physically affected by the disease,” the court said.
The court was hearing a plea moved by a resident of a leprosy colony — Gandhi Kusht Ashram in northeast Delhi’s Tahirpur. The petitioner is now cured of the disease.
The plea sought a declaration to the effect that those affected by leprosy are equal members of the society and discrimination against them as regards occupying and owning land in such colonies would be in clear violation of Article 21 of the Constitution.
A declaration was also sought that those living in leprosy colonies have a right under Article 21 to occupy and own land in such colonies.
The court, in its verdict, said the purpose of creating these colonies will get defeated if title of land is granted to those living there and are not affected by leprosy.
“This court is in agreement with the petitioner that leprosy-affected persons are equal members of our society and discrimination against leprosy-affected persons is a clear violation of articles 14 and 21 of the Constitution.
“An attempt, therefore, must be made to ensure that these persons are brought back to the mainstream. Granting them title deeds in these colonies is not the solution. Persons staying in these colonies must be encouraged to come out of these colonies and live a normal life and mingle with the mainstream,” the bench said.
The court said though it sympathises with the petitioner’s cause, its hands are tied with regard to the prayer seeking grant of title of land, which is not a remedy to the issue of encroachment.
“This court is not in a position to accede to the prayer of grant of title of land which is being occupied by persons living in the leprosy colony, that is, Leprosy Complex, Tahirpur. However, the MCD is directed to ensure that the leprosy patients who are residents of these colonies are not evicted and that there are no encroachments on the land,” it said.
