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This is an archive article published on December 7, 2008

60-year-old alleges discrimination by Haj committee, moves court

Calling it a commercial exploitation and discrimination towards the common man, a sixty-year-old pilgrim has now decided to take on the Haj committee that restricted her from visting Haj through the committee for next five years.

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Calling it a commercial exploitation and discrimination towards the common man, a sixty-year-old pilgrim has now decided to take on the Haj committee that restricted her from visting Haj through the committee for next five years. Kulsum Suleman Baugwala (62) has filed a writ petition challenging a clause laid down by the Haj committee. Kulsum, who had been to the Haj in 2007, was hopeful to accompany her son and his family this year too.

Incidentally, the family was also the lucky few to be shortlisted under the computerised lottery draw of the Committee. But things got worse when the committee discarded their petition on the basis of the clause, which Baugwala family call unconstitutional in their petition.

According to one of the clauses mentioned in the form “If any person has performed Haj in the past five years, he will not be permitted to fill the form and alongside the advance amount paid will be fortified. The person would be subjected to criminal proceeding also.” The family claims that no such clause was mentioned in the primary Haj Act. “The Hajj Acts no where prevents any one from visiting Haj for more than once. Several people do keep going to Haj every year without any snag. Moreover, while the Haj committee prevents people from going, private travels flourish at such time,” said Kulsum.

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In the petition, the family has also alleged that the quota is misused and several people under the pretext of VIP quota do frequent visits almost every year. “We under the RTI Act have tried to get the names of all the pilgrims who have had visited Haj last year. We have the list of at least 6-7 people in Mumbai. They were part of our camp and have managed to procure permission under government quota this year too,” added Baugwala.

The Hajj committee is a nodal government body top ensure easy access to several thousand pilgrims to visit Haj every year. However, when a family don’t make it through the committee they are compelled to approach the private agencies who in turn fleece the faithful. The petitioner has also alleged that committee member and their kin misused the 6500 seats reserved for the VIP’s and politicians. The very same clause is not implied on them.

The Bombay High court has now issued notices to the Haj Committee of India as well as state Hajj Committee and central and state governments. Committees are expected to reply in 15 days.

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