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Report No. 256

B. Call for Affirmative Action

7.7 In addition to the modification and repeal of specific provisions as discussed above, the Law Commission also recommends the enactment of a legislation that promotes the social inclusion of Persons affected by Leprosy and their family members through affirmative action. India's commitment to uphold the UNCRPD and UN Resolution on the Elimination of Leprosy as discussed previously, provides the required basis for the enactment of such a legislation under Article 253 of the Constitution of India.

7.8 In this regard, the non-obstante clause under Article 253 read along with Entry 14 of List I of Schedule VII of the Indian Constitution (Union List), provides the Parliament of India with the requisite power to make any law for the whole or any part of the Indian territory for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

The power under Article 253 has been exercised to give effect to various treaties and agreements that include the UNCRPD, the signing of the Uruguay Round final Act on GATT 1994 and the decisions taken at the United Nations Conference on the Human Environment held in Stockholm, 1972.

7.9 The relevant legislation promoting affirmative action towards Persons affected by Leprosy and their family members needs to take note of the contemporary needs of such persons and address all aspects of their well-being in order to promote their holistic development and inclusion into society.

7.10 The key aspects that require attention in the context of such a legislation include the following:

Eliminating Discrimination against Persons affected by Leprosy Back

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