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appearance of presiding officer

(Querist) 09 August 2009 This query is : Resolved 
A Presiding officer who developed/contracted
Leprosy be permitted to continue to work/act as a Presiding officer
Or
Is he morally expected to or bound to quit the job by giving VRS/resignation
A V Vishal (Expert) 09 August 2009
Mr Jaychandran

I have presented certain medical facts about leprosy. Further, speaking about moral grounds, I think he has not done anything against the moral code of ethics or conduct for which he must seek VRS or resign from his job.

Leprosy is a grossly misunderstood disease over the generations. A potentially crippling disease, it is also a visible ailment. Unlike other diseases, social stigma arising out of fear, ignorance and superstitious beliefs create barriers in detection, treatment and cure of leprosy.

Leprosy is a chronic, mildly infectious disease caused by a germ called Mycobacterium leprae (M. leprae) which was discovered by Dr. A. Hansen, a Norwegian scientist way back in 1873. It is not caused by the curse of gods, as some people believe. It is a disease of the nerves affecting the skin and certain other organs. It is the least infectious among communicable diseases.

Leprosy is completely curable now with modern drugs. Leprosy is transmitted from one person to another by a variety of means. Modern science believes transmission of the disease through the air as a major channel. Skin-to-skin contact for long and sustained period may be necessary to transmit the disease.

Patients under regular and adequate treatment cannot transmit the disease to other people. Leprosy is not hereditary, as children born of leprosy patients do not have leprosy at the time of birth. A pale patch on the skin with loss of sensation can be leprosy (non-itching and non-painful or hypopigmented patches). Oily, shiny copper-coloured skin can also be a sign of leprosy. However, all patches on the skin are not leprosy.

Leprosy is of two kinds :

Paucibacillary (PB) and Multibacillary (MB). In PB cases the bacilli are few in number and therefore do not pose a public health hazard. In MB cases the bacilli are present in enormous numbers, and therefore, they can transmit leprosy to susceptible individuals if the MB patients are not under treatment.

The public are advised to understand this carefully. About 20% of the patients are children. Child patients can be cured comparatively easily and in a short period. About 95% of the patients live within the society taking necessary treatment.

Leprosy is not only a medical problem but a social problem as well. Leprosy is a crippling and visible disease. For centuries, leprosy did not have a cure. Fear, ignorance, poverty and superstitious beliefs had all conspired to make leprosy patients outcasts in the society. Multi-drug therapy (MDT) has offered definite and complete cure for leprosy.

Kiran Kumar (Expert) 09 August 2009
Mr. Subramanian

will u pls tell us where Leprosy has been rendered disqualification to continue as a judge?

i ll be highly obliged if u find this rule for me....if possible find the list of other ailments also which disentitle a judicial officer to conduct the court work.
charudureja (Expert) 09 August 2009
Leprosy or any disease cannot take away the right to work from a person and there is no such rule mentioned in the service rules of judiciary. A disease which is not contagious and hazardous to public cannot bar a person from doing his work
Murali Krishna (Expert) 09 August 2009
In addition to the above views, reference can be had to Persons with disabilities Act, 1996. Under this Act, any person who had acquired any disability (S.47 in your case) shall be given equal status, pay etc. if he is declared unfit to hold present post.

I am sure leprocy or for that matter any other decease is not disability to hold any post. Kiran Kumar rightly asked you to provide such list.
ANTHONY REDDY (Expert) 10 August 2009
He can not act as presiding officer, because leprosy is a vurs, if you complain to High court, High Court certainly takes action.


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