It debars persons with disabilities from applying for the pilgrimage to Mecca

The petition said the new policy was “discriminatory, arbitrary and highly irrational” as it violates Fundamental Rights of disabled persons.

The Delhi High Court on Wednesday issued a notice to the Centre on a petition challenging a provision in the new Haj policy, which debars persons with disabilities from applying for the pilgrimage to Mecca.

 

Response by April 11

A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar also asked the Haj Committee, Ministry of Minority Affairs, and Ministry of Social Justice and Empowerment to submit their response on the plea before April 11, the next date of hearing.

The new Haj policy, issued in November last year, under the Ministry of Minority Affairs, debars “persons suffering from polio, tuberculosis, congestive and respiratory ailment, acute coronary insufficiency, coronary thrombosis, mental disorder, infectious leprosy, AIDS or any other communicable disability or handicap” from applying for the pilgrimage.

The petition, filed in public interest, said the new policy, which will be effective for the next five year starting 2018, was “discriminatory, arbitrary and highly irrational” as it violates Fundamental Rights of disabled persons.

Advocate Gaurav Kumar Bansal, who filed the petition, said the new policy is against the various provisions of the Rights of Persons with Disabilities Act, the Mental Health Act, and the National Mental Health Policy, which has equality and non-discrimination as its guiding principles.

“By way of barring persons with disabilities from applying to Haj pilgrimage under the new Haj policy, the authorities have adopted discriminatory approach towards the persons with disabilities,” the petition said.

Another clause

“Every person including the persons with disabilities are equally entitled to profess, practice and propagate religion and by way of barring the persons with disabilities practising Islam, from applying for Haj, the respondents [government] have violated their right to practice Islam,” the petition said.

Mr. Bansal also sought quashing of another clause in the new policy, which says that “those who do not have the mental and physical health to perform the pilgrimage” cannot apply.

His petition said debarring persons with mental disorder and mental health from applying for Haj pilgrimage was against the Fundamental Rights guaranteed under the Constitution of the world’s largest democracy.