The Haj Committee of India on Thursday submitted before the High Court that the bilateral agreement for Haj-2013 signed between the Government of India and the Kingdom of Saudi Arabia provides that women could undertake the pilgrimage only if accompanied by their mehram (close relative).
The committee made the submission on a petition filed by Aminakutty Mohammed of Kadalundi challenging its decision which denied her permission to travel with another woman companion. According to the committee’s rules, Muslim women have to be accompanied by a male family member to perform Haj.
The Haj committee’s decision is violation of Article 14 of the Constitution, which guarantees right to equality before law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, the petition stated.
In an affidavit, the committee said as per the agreement, women performing Haj should be accompanied by a male member of the family. Such a male member is termed ‘mehram’ in Shariah, the moral code and religious law of Islam. The stipulation is not new and it is imposed by the Islamic Shariah and applicable to women from all countries, it said. It also said a maximum of five applicants comprising family members or close relatives can apply in a single cover. The head shall be responsible for payment of the persons included.
Under no circumstances should an outsider be included in the cover. The accommodation status of all pilgrims under one cover should be same, it said.
In case a few pilgrims under one cover intend to change the date of flight, it would not be permitted.
If a male applicant, who is mehram of a female applicant, cancels his application, he should indicate the name of any other applicant from among the male members of the cover as “mehram” along with relation with the woman. Otherwise her application shall also be treated as cancelled, it said.
Change of mehram is allowed only in specific cases like on account of death or medical grounds, the committee added.