The Delhi High Court has directed the Centre to respond to a plea that seeks to quash certain provisions contained in the new policy for Haj pilgrims that bars differently-abled persons from undertaking the journey.
A bench comprising Acting Chief Justice Gita Mittal and Justice Hari Shankar has issued the notice to the Ministry of Minority Affairs, the Ministry of Social Justice and Empowerment and to the Haj Committee of India seeking their response .
New Provisions Violate Freedom To Practice Religion
Filed by advocate Gaurav Bansal, the petition alleges that some of the new policy provisions under New Haj Policy of Haj Committee of India Pilgrims for Haj 2018-2022 are in violation of Articles 14, 21 and 25 of the Constitution, which relate to equality and freedom to practice religion.
The authorities have been directed to file their response before April 11 .
Under the new guidelines, the section listing the eligibility for Haj requires that a Indian citizens who is a Muslim can apply for the program except for those who “do not have the mental or physical health” to perform the pilgrimage.
In his plea, Bansal argued that these provisions “blatantly discriminate” against those having disabilities and are violating the Rights of Persons with Disabilities Act, 2016.
Several New Conditions Added
According to the petition, persons suffering from conditions such as polio, tuberculosis, congestive cardiac, respiratory ailment, coronary thrombosis, acute coronary insufficiency, mental disorder, infectious leprosy, and also communicable disease like AIDS cannot undertake Haj, as well as those people whose limbs are amputated or are handicapped in any form.
In the Act which was passed in December 2016, the total types of disabilities that would bar a person from undertaking the journey have been increased from seven to 21.
Several disabilities have been newly added such as mental illness, cerebral palsy, autism, spectrum disorder, chronic neurological conditions, muscular dystrophy, multiple sclerosis, specific learning disabilities, speech and language disability.
Along with disorders like thalassemia, hemophilia, sickle cell disease, several forms of disabilities have been included like visual and hearing impairment, acid attack and Parkinsons disease .
The petition called these inclusions as being “arbitrary, discriminatory and highly irrational and inconsistent with the Disabilities Act, 2016.”
