Govt cites ‘instances of many such people indulging in begging’ in affidavit filed in HC, activists say even Pakistan and Saudi Arabia don’t have such bans.
New Delhi: People with disabilities are barred from performing Haj “in view of instances of many such people indulging in begging”, the Centre has said in an affidavit filed in the Delhi High Court, a policy termed as “shocking and derogatory” by activists.
This submission comes months after the minority affairs ministry had advised the Haj Committee of India (HCoI) to relook at its provisions with regard to the differently-abled.
“As per prevailing practice for more than 30 years, persons suffering from physical disabilities or suffering from specified diseases have been debarred from applying for Haj pilgrimage through HCoI,” the ministry said in the affidavit filed Wednesday.
The prohibition on the disabled performing Haj is mentioned in the Haj Policy 2018-2022, which states that “persons who are crippled, handicapped, lunatic or otherwise physically incapacitated or suffering from amputation of legs”, will not be eligible to apply for Haj pilgrimage.
Government’s U-turn on the issue
In the face of a backlash from disability groups, the minority affairs ministry had assured it would take a fresh look at the controversial provision.
“Minority affairs minister Mukhtar Abbas Naqvi had himself assured us that he will review the unfair provision,” Mohammad Faisal Nawaz, a polio-affected person and social activist, who had applied for Haj in 2016, told ThePrint.
“We were promised a corrective action. Is this affidavit their correction?” he asked. “This is in complete violation of RPWD Act (Rights of Persons with Disabilities Act, 2016).”
In a letter dated 2 January 2018, Ravi Chandra, under secretary, minority affairs ministry, wrote to the HCoI, “Considering the fact that ‘The Rights of Persons and Disabilities Act, 2016’, have come into force from December, 2016, the Haj Policy and Haj guidelines are required to be aligned with it.”
“The nomenclatures used in the Haj policy/guidelines are also required to be in consonance with the terms of the said Act,” the letter said.
Gaurav Kumar Bansal, who has filed the petition challenging the new policy in the Delhi HC, on the grounds that is violative of the RPWD Act and Articles 14, 21 and 25 of the Constitution, too is “shocked” at the latest government affidavit.
“The government should withdraw it as it insults all Indians,” he said. “How is this ministry working for the welfare of minorities if this is what they believe?” he asked.
Naqvi, who had earlier ordered the deletion of the provision, could not be reached for a comment, even as Muslim groups and activists expressed their anguish at the new affidavit.
No such prohibition in other parts of the world
In the affidavit, the government has written that it was, in fact, the Consulate General of India (CGI) in Jeddah which advised the government in 2012 for “strict screening of disabled persons in view of instances of many such people indulging in begging which is strictly prohibited in Saudi Arabia”.
However, Saudi Arabia itself places no such ban on the disabled performing Haj. “Saudi Arabia has, in fact, made special provisions to make the pilgrimage accessible for the disabled,” argues disability rights activist Nipun Malhotra.
Incidentally, neighbouring Pakistan too does not have a blanket ban in this regard. Pakistan’s Haj policy simply states that a medical fitness certificate attested by a medical officer would be mandatory for applicants.
This is in stark contrast to the language used in the Indian Haj policy, which Malhotra calls “derogatory and shocking”.