Haj policy is not discriminatory, Centre tells Supreme court

The Centre on Friday defended its new Haj policy, saying it is not discriminatory and the allocation of subsidy for pilgrims is based on the objective criterion of Muslim population in each State.

The Centre was responding to allegations made by the Kerala State Haj Committee that the policy, which allots subsidised seats based on the Muslim count in each State, robs Muslims from smaller States like Kerala an opportunity to make the pilgrimage.

“Bihar has a quota of 12,000 seats, but at least 5,000 seats remain vacant. Kerala has 95,000 applicants who want subsidy, but the quota is only for 6,000 seats. So, only one percent goes. So, this quota based on Muslim population in each State effectively discriminates against persons who are desirous to go for the pilgrimage,” advocate Prashant Bhushan, appearing for the Kerala Haj panel, submitted.

Countering



this, Attorney-General K.K. Venugopal argued that the allocation of subsidy quota on the basis of Muslim population of a State has been there from the very beginning and did not start with the current Haj guidelines for 2018-22.

The Bench led by Chief Justice of India Dipak Misra however made it clear that the court would only intervene in the Haj policy if it is found to be “palpably arbitrary.”

“This is a matter of policy,” Justice D.Y. Chandrachud orally remarked even as the court asked the Centre to file a detailed counter-affidavit by January 13, the next date of hearing.

Mr. Venugopal argued that the Kerala Haj panel’s petition cannot be maintained as all the 21 State Haj Committees across the country are subservient to the Haj Committee of India. The central Haj committee was consulted before the new Haj policy was finalised.