The Personal Laws (Amendment) Act, 2019

Introduction 

The Personal Laws (Amendment) Act, 2019, enacted on February 21, 2019, stands as a watershed moment in India's legal history, representing a significant shift from archaic discriminatory provisions to a more progressive and humane approach toward individuals affected by leprosy. This landmark legislation, bearing the number 6 of 2019, was passed by Parliament in the seventieth year of the Republic of India, marking a crucial step toward aligning Indian personal laws with contemporary medical understanding and human rights principles.  

• The Act emerged from a growing recognition that leprosy, once considered an incurable and highly contagious disease, had become completely treatable through medical advancements, rendering the existing legal provisions not only outdated but also fundamentally unjust. 

Background and Historical Context 

• Pre-Amendment Legal Framework: Multiple personal laws contained provisions allowing divorce or separation based on leprosy diagnosis. 
• Hindu Marriage Act 1955: Section 13(1)(iv) permitted divorce for "virulent and incurable form of leprosy". 
• Social Stigma: Historical fear and misunderstanding of leprosy led to severe social marginalization. 
• Medical Evolution: Advancement in treatment made leprosy completely curable through Multi-Drug Therapy (MDT). 
• Human Rights Concerns: Growing awareness that legal provisions reinforce social discrimination. 

Specific Amendments Under the Act 

Laws Modified and Changes Implemented: 

• Divorce Act, 1869 (Chapter II)  
  • Section 10, sub-section (1), clause (iv) completely omitted.
• Dissolution of Muslim Marriages Act, 1939 (Chapter III)  
  • Section 2, ground (vi): Words "leprosy or" removed.
• Special Marriage Act, 1954 (Chapter IV)  
  • Section 27, sub-section (1), clause (g) omitted.
• Hindu Marriage Act, 1955 (Chapter V)  
  • Section 13, sub-section (1), clause (iv) eliminated.
• Hindu Adoptions and Maintenance Act, 1956 (Chapter VI)  
  • Section 18, sub-section (2), clause (c) removed. 

Legislative Purpose and Objectives 

• Primary Goal: Eliminate discriminatory provisions against leprosy-affected individuals across all personal laws. 
• Medical Recognition: Acknowledge leprosy as a completely treatable and curable condition. 
• Human Rights Alignment: Bring Indian laws in line with international human rights standards. 
• Social Justice: Promote dignity, equality, and inclusion for marginalized communities. 
• Stigma Reduction: Remove legal foundations that perpetuated social discrimination. 
• UN Compliance: Align with UN General Assembly resolutions and National Human Rights Commission recommendations. 

Impact and Consequences of the Amendment 

Immediate Legal Effects: 

• Discrimination Elimination: Removed legal basis for matrimonial discrimination based on leprosy. 
• Rights Strengthening: Enhanced marital and personal rights of affected individuals. 
• Legal Consistency: Created uniform approach across all personal laws in India. 
• Progressive Jurisprudence: Demonstrated India's commitment to evolving legal principles. 

Social and Cultural Implications: 

• Stigma Challenge: Directly challenged centuries-old prejudices and misconceptions. 
• Equality Promotion: Supported constitutional principles of equality before law. 
• Dignity Enhancement: Enabled individuals to live without fear of legal discrimination. 
• Community Integration: Facilitated better social acceptance and reintegration.

Conclusion 

The Personal Laws (Amendment) Act, 2019, represents a significant milestone in India's journey toward creating a more just and equitable legal system that reflects both scientific advancement and humanitarian values. By systematically removing leprosy as grounds for divorce across multiple personal laws, the Act has dismantled centuries-old legal barriers that perpetuated discrimination against one of society's most vulnerable populations. This legislation demonstrates India's commitment to protecting the rights and dignity of all citizens, regardless of their medical history, while aligning domestic law with contemporary medical understanding and international human rights standards.