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LAWS IN THE STATE OF DELHI DISCRIMINATING AGAINST PEOPLE AFFECTED BY LEPROSY

SL DISCRIMINATORY LAW PREAMBLE DISCRIMINATORY PROVISION


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1. Delhi Municipal Corporation Act, An Act to consolidate and amend Section 414: Power to expellers and disturbers, etc, from markets.
1957 the law relating to the Municipal
Government of Delhi. “The person in charge of a market shall prevent the entry therein
of, and shall expel therefrom, any person suffering from leprosy in
whom the process of ulceration has commenced or from any
dangerous disease, who or exposes for sale therein any article or
who, not having purchased the same handles any articles exposed
for sale therein; and he may expel therefrom any person who is
creating a disturbance therein.”
2. Delhi Land Reforms Act, 1954 An Act to provide for modification Section 153: Disqualification for membership of the Gaon
of zamindari system no as to create Panchayat.
a uniform body of peasant
No person shall be entitled to be or remain a member of the Gaon
proprietors without intermediaries,
Panchayat, if he--
for the unification of the Punjab
and Agra systems of tenancy taws [(a) ceases to be a member of the Gaon
in force in the State of Delhi and to Sabha; or]
make provision for other matters (b) is suffering from leprosy; or
connected therewith.
(c) is an undischarged insolvent; or

(d) is a servant of the Government; or

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(e) is convicted of an offence involving moral turpitude or order to
give security for good behaviour under section 110 of the Code of
Criminal Procedure, 1898:

Provided that the disqualifications under clause (c) or (e) may be


removed by an order of the Chief Commissioner or the prescribed
authority.
3. Delhi Panchayat Raj Act, 1954 An Act to establish and develop Section 44: Circle Panchayat, Sarpanch and Naib Sarpanch.
local self-government in the rural
(1) The Chief Commissioner or the prescribed authority shall by a
areas of Delhi State and to make
notification in the official Gazette in this behalf, [group into a Circle
better provision for village
such number of continguous Gaon Sabha Areas as the Chief
administration and development.
Commissioner or the prescribed authority may deem fit] and
established for each such circle a Circle Panchayat.

(2) The Circle Panchayat for each circle shall consist of persons
elected in accordance with sub-section (3).

(3) [Every Gaon Sabha in each Circle shall elect from amongst its
members a number of persons of prescribed qualifications] to act
as panches of the Circle Panchayat of that circle. The number of
adults so elected shall be such that from each village in the Gaon
Sabha Area two such adults shall be elected where its population is
1,000 or less and there where its population is more than 1,000. The
election shall be carried out in the manner prescribed. The panel so
elected for each circle shall be called Circle Panchayat.

(4) No person shall be elected or remain panch of the Circle


Panchayat if he is-

(a) unable to read and write Hindi or Urdu; or

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(b) of unsound mind; or

(c) suffering from leprosy; or

(d) an undischarged insolvent; or

(e) a servant of the Government or any local authority; or


(f) convicted [under the Untouchability (offences) Act, 1955 or] of
an offence involving moral turpitude or ordered to give security for
good behaviour under Section 110 of the Code of Criminal
Procedure, 1898;

(5) All the panches shall elect from amongst themselves a person to
act as Sarpanch, and another person to act as Naib Sarpanch of the
Circle Panchayat.

(6) Any dispute arising out of any election under sub-section (3) or
(5) shall be referred to the prescribed authority; whose decision
shall, subject to revision by the Chief Commis-sioner, be final and
shall not be questioned in a Court of law.
4. Delhi Prisons (Treatment of Convicts None. Section 43: Procedure when it is desired to transfer a leper
Sentenced to Simple Imprisonment,
Death, Female Prisoners, Youthful Whenever the Medical Officer records that a prisoner is suffering
Prisoners, Leper Prisoners and
from leprosy and that his separation from other prisoners is
Lunatic Prisoners) Rules, 1988
necessary, the Superintendent shall submit his descriptive role to
the Inspector General, who shall order the transfer of the prisoner
to a place where there is accommodation for leper convicts.

Section 44: Segregation and disinfection

Any under trial or convicted prisoner who is suffering from leprosy,


shall pending transfer or release be confined in a cell but care shall

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be taken that such confinement is not solitary. A cell or other,
compartment occupied by a leper shall be thoroughly disinfected,
the floors renewed, and the walls re-plastered before any other
prisoner is confined in it.

Note: Clothing and bedding used by a leper prisoner should be


destroyed and not reissued.

5. Delhi Petty Offences (Trial by In exercise of the powers conferred 4. Disqualification of a person.
Special Metropolitan Magistrates) by proviso to sub-section (1) of
(1) who does not hold or has not held a post under the Govt/High
Rules, 1998 Section 18 of Code of Criminal
Court of Delhi and the Courts subordinate thereto of the rank and
Procedure 1973 (No. 2 of 1974) and
status and does not possess the qualification, if any, attached
in supersession of the Rules made
thereto, as mentioned in the just preceding Rule ; or
earlier under the said section by
this Court, Hon'ble the Acting Chief (2) who having held an office under the State or the Union
Justice and Hon'ble Judges of the Government or the High Court and the Courts subordinate thereto,
High Court of Delhi at New Delhi, has been dismissed or removed or compulsorily retired from service
hereby make the following Rules, or subjected to any other major penalty for misconduct; or
namely:
(3) who having held an office as mentioned in sub-rule (2) has been
convicted and sentenced by a Court for an offence involving moral
delinquency or is charged of any offence constituting moral
turpitude and proceedings against him are pending; or

(4) who having held an office as mentioned in sub-rule (2), is of


unsound mind or who is deaf or mute or blind or suffering from
leprosy or any other contagious disease; or

(5) who having held an office as mentioned in sub-rule (2) has been
adjudicated as an insolvent or an undischarged insolvent; or

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(6) who having held an office as provided in sub-rules (1), (2), (3),
(4) and (5) of Rule 3, is a practicing advocate; shall not be eligible
for conferment of powers of Special Metropolitan Magistrate:

Provided that a practicing advocate as mentioned in sub-rule (6),


shall not be disqualified for conferment of powers of Special
Metropolitan Magistrate, if he, before he is considered for such
conferment, undertakes that he shall have his license as an
advocate suspended immediately on conferment of power of
Special Metropolitan Magistrate and does so before assumption of
charge as such.

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