Haj Guidelines Discriminate Against Specially-Abled: Rights Body

The guidelines have increased the number of disabilities from 7 to 21, and could add more to their ambit.

The National Platform for Rights of Disabled wrote to Minority Affairs Minister Mukhtar Abbas Naqvi on 27 December, urging him to drop a number of provisions from the government's guidelines for Haj pilgrims that bar differently-abled people from undertaking the annual pilgrimage.

Haj is an annual Islamic pilgrimage to Mecca, Islam’s holiest city.

The guidelines issued by the Haj Committee mention that any Indian citizen who is a Muslim ‘can apply for the pilgrimage, except those who do not have the mental or physical health to perform the pilgrimage, persons whose legs are amputated, who are crippled, handicapped, lunatic, or otherwise physically or mentally incapacitated.’

The newly-added types include mental illness, autism, spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, specific learning disabilities, multiple sclerosis, speech and language disability.

The National Platform for Rights of Disabled (NPRD), which claims to represent a large number of physically challenged people, said on 27 December, that the provisions "blatantly discriminate" against persons with disabilities and were in violation of the Rights of Persons with Disabilities Act, 2016.

A Blow To The Specially-Abled

Those affected with polio, tuberculosis, congestive cardiac and respiratory ailments, acute coronary insufficiency, coronary thrombosis, mental disorder, infectious leprosy, AIDS, or any other communicable disease or disability cannot take undertake Haj under the guidelines

Under the Act, which was passed in December 2016, the types of disabilities have been increased from the seven to 21.

‘New Guidelines Discriminatory’

Those with disorders such as thalassemia, hemophilia, sickle cell disease, Parkinson’s disease, multiple disabilities including deafness, blindness, and even victims acid attack have been excluded.

Further, ‘disability’ has been defined based on an evolving and dynamic concept and government will have the power to add more types of disabilities to the list.

These provisions virtually bar any disabled person from undertaking the Haj are in violation of the Rights of Persons with Disabilities Act, 2016, which has equality and non-discrimination as its guiding principle.

Muralidharan, General Secretary, National Platform for Rights of Disabled

"On the contrary, the Ministry of Haj has put out an advisory on its site giving information on the facilities available for disabled pilgrims.

"We would request that the above provisions in the guidelines that blatantly discriminate against persons with disabilities be dropped," the letter read.

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