16/04/2019
DEPRIVATION OF RIGHTS DUE TO “UNHEARD VOICE” OF DISABLED PERSONS
By:
AMNA ZAHID
Advocate
Introduction
Every citizen owns some fundamental rights which are safeguarded and sheltered under Constitution of every stateand are guaranteed to be provided by the state itself. These rights are guarded and enforced by the different organs of state including judiciary and executive. Article 8 to 28 of the Constitution of Pakistan, 1973, clearly speak about the rights which provide protection to the life and liberty, religion, education, health, fair business, movement, equality before law etc.[1] It further provides freedom of speech and right to fair trial. Protection against unjustified arrest, unlawful detention and double jeopardy are also provided under the same constitution.
It is also provided that:
“Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.”[2]
A huge noise is produced due to the grievance and injury caused to any person due to the infringement of his right. He starts ringing the bells of Aewaan-e-Adal in order to redress his grievance and remains restless until the judges grant him relief. Terrorist attacks, kidnapping, abduction, unlawful restraint, rape, murder, adulteration and other such offences are all of such a nature which do not leave their victims to be seated silent. Once the crime is reported, the rest is left with various organs of criminal justice system to support the victim to get justice. The whole machinery of criminal justice system constituting police, prosecution and judiciary comes into action. Even NGO’s and social media are sufficient to broadcast the voice of the victim to the respective institutions if suspicion of any injustice or denial of right is found there.
This was all about those who are able to raise their voices in case of any injustice, grievance or infringement of their right but, what about those, who cannot raise their voice even being deprived of their fundamental rights, in one way or the other? Such people may include handicapped, dumb and deaf, those suffering from mental or physical disability or children with special needs. The purpose of this writing is to raise the “unheard voice” of such members of the society who are suffering from any vulnerable situation either due to any natural disability or any mishap happened to them in life which made them to be snubbed by the society.
≥ Definition of Disability
A disabled person is the one who on account of injury, disease or congenital deformity, is handicapped for undertaking any gainful or professional employment in order to earn his livelihood, and it includes a person who is
• Deaf
• Blind
• Physically handicapped or
• Mentally retarded[3]
A disabled person is also defined as
“An individual whose prospects of securing; retaining and advancing in suitable employment are substantially reduced as a result of a duly recognized physical or mental impairment”.[4]
> Efforts on Part of Government to Protect Rights of PWDs
The role of Government in providing rights to the people with special needs is to give them legislative protection and institutional facilities for proper education, health, training and rehabilitation so that they could also serve their country as much as possible.
A. Legislative and Policy Reforms in Pakistan
Legislative and Policy reforms introduced by the Government of Pakistan for the protection of the rights of disabled person are:
i. Disabled Persons (Employment & Rehabilitation) Ordinance, 1981
Through this ordinance, the National Council for the Rehabilitation of Disabbled Persons was established. The purpose to establish this Council was to formulate policy for the employment, rehabilitation and welfare of the disabled persons. The Council was also assigned the medical examination, treatment and survey of disabled persons who are desirous of being rehabilitated.
ii. National Policy for Persons with Disabilities, 2002
The policy was formulated with a vision to provide encouraging environment to the persons with disabilities for their empowerment without any discrimination.
iii. National Plan of Action for Persons with Disabilities, 2006
It was to suggest measures to operationalize the National Policy for the Persons with Disabilities, 2002.
iv. Special Citizen’s Act, 2008
It has been formulated with the intention to provide accessibility to disabled citizens at public places, particularly with regard to allocation of seats in public transport, facilitating and preferring the persons on footpaths and roads specially those who are in wheelchairs or blind persons.
v. Special Citizens (Right to Concession in Movement) Act, 2009
It provides for the concessional fare rates to the persons with disability while travelling through air, railway and other transport throughout Pakistan.
Moreover Pakistan has also ratified
i. Convention on The Rights of Children
ii. ILO Convention on Vocational Rehabilitation and Employment of Disabled Persons
iii. UN Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities (CRPD) was signed by Pakistan in September, 2008. The purpose of the convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Unfortunately, Pakistan is still not following the goals of the convention in so many years even it could not wake awareness among the PWDs regarding their rights promoted by this convention.
B. Institutional Facilities for Training, Education, Health and Rehabilitation
Contribution of government in this regard is also very marginal. According to a report published by Country Profile on PWDs (Annex: Pakistan) there are only 257 Disability-related Governmental Institutions and 12 Disability-related Training Institutes. There are also few Multilateral and Bilateral Organizations working on the basis of International Aid.[5] But these are very insufficient in Number.
> Efforts of NGOs in Protecting Rights of PWDs
Although there are several NGO’s which are working for the protection and enforcement of rights of such people but regrettably, echoes of their debates and speeches is heard by them alone which is not so loud to be audible to the people who are responsible for this discrimination and to those who are provided with an opportunity and ability to hear about all this injustice and cure it. Although NGO’s are playing very effective role on their part in this regard through their schools, centers and institutions which are providing special education, training and rehabilitation services but these efforts are insufficient as these are covering large cities only. People in remote area have no such opportunities and facilities where they could send their children with special needs.
> Challenges faced by the Persons with Disabilities
Although Constitution of Pakistan, 1973 and laws of the state provide protection to the rights of the persons with disabilities, even then they are the most neglected and deprived part of the society. The major challenges faced by such people are also discussed here:
i. Negative Role of Society
The major challenge being faced by PWDs is the attitude of the society which plays a very negative and retarding role in relation to them. The preamble of the CRPD states that disability is an evolving concept and disability results from the interaction between persons with impairments and attitudinal and environmental barriers that perpetuates or aggravates their disability.
The biggest problem faced by the PWDs in Pakistan is the social environment and discouraging behavior of the people of their society which is mostly hostile to them. Such behavior not only aggravates the disabilities of such persons but also spoil their lives by reducing their potential of doing well.
Usually people look down on those who are with slight impairment and treat such impairment as a mark of their identification. E.g. If a person limps he is called “langra”; if someone has lost an eye, he is summoned as “kana”. Children with autism are often ridiculed by the people and suffer greatly at the hands of their parents, siblings and teachers. This behavior disintegrates them from the society and they start suffering from inferiority complexes which sometimes leads them to be a psychopath. In this way inspite of becoming a beneficial member of the society they grow hatred against the society in them.
People with any disability are often discouraged, ignored and humiliated in such a way as they are an unwanted part of society or an inept part of the body which must be amputated due to being inefficient and incompetent. Society and society members behave with such people in a sordid manner. They are kept in isolation by their families who feel embarrassed in introducing them in their social circle.
ii. Fear of Physical and Sexual Abuse and Assault
Along with several other challenges which are being faced by the disabled persons, the most important one is the fear of physical and sexual abuse or assault. Regretfully, ratio of child abuse is increasing day by day. Parents are feeling helpless even to secure their physically and mentally normal children. This situation is raising feelings of insecurity in the minds of parents of disabled or handicapped children.
The effect of this is that children and young people with disabilities are deemed to be at more risk of physical or sexual abuse than other children, but to receive less protection from both mainstream and specialist agencies. They are also at additional risk because of the increased likelihood that they will be separated from their families, accommodated in congregate settings where they encounter multiple caregivers, and are targeted on account of their visible “difference” or “vulnerability”.
In such circumstances, parents are not able to trust anyone regarding such children. They are usually reluctant to send their children to any special education center or training center. It is a fact that the disabled or handicapped children cannot explain properly if some assault is caused to them. This fear factor is resulting into deprivation of their fundamental rights particularly their rights as to health, education, entertainment and movement.
iii. Inadequate Legislation, Policies and Enforcement Mechanism
There is only a single enactment in the form of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 which does not cover all the areas and needs relating to the disabled persons. Moreover, another major problem is the enactment of all existing laws e.g the quota specified for the disabled persons is not being followed and in several departments of the Government the seats reserved for the disabled persons are not properly filled. This is only due to weak enforcement mechanism.
In recent past there was a prolonged protest on Mall Road by a group of visually impaired people who were well qualified and demanding jobs from the government blaming that the respective institutions and officials are not entertaining them according to the law.[6] In-spite of being dealt with sympathies by those who can see everything happening around, these people had to spend several days and nights in severe weather just to convey their rightful demand to the authorities who were behaving like deaf at that time.
Recently, Hon.ble Supreme Court while taking a suo motu action, passed an order for the appointment of Yousaf Saleem, a visually impaired person, as a civil judge who was earlier refused due to his disability. Saleem was a gold medalist from the University of Punjab in LLB (Hons) and had also topped 6,500 candidates in a written examination of civil judges in 2017.[7] The Hon’ble Supreme Court had to interfere only due to the reason that the laws relating to PWDs are not being implemented
iv. Maintenance of NADRA Record
According to World Bank and WHO estimates, at least 18 million of the total population is the persons with disabilities (PWDs). Over 5 million of these live in urban areas while the other 13 million reside in rural areas of the country. Whereas only 136,928 PWDs have been registered with National Database & Registration Authority (NADRA) and have been issued special National Identity Cards.[8] Due to this incomplete record of the disabled persons, it is very difficult for the state to formulate policies and allocate sources for such people. It is also one of the challenges being faced in order to protect the rights of the PWDs.
v. Problems in Availing Transport Facilities
Due to ineffective enforcement mechanism of laws and lack of interest on the part of Government, PWDs are not able to avail any facility regarding transport. The staff of transports does not usually cooperate with such people. To avail concession in fares is a very troublesome and tiring job that mostly, people who go through the process once do not take risk for the second time. The departmental procedure and non-cooperative behavior of the respective department deprives such people to avail this opportunity which is provided to them by law.
vi. Architectural Barriers
Due to architectural barriers in the educational institutions and workplaces the PWDs cannot take advantage to avail the opportunities even reserved for them. Government provides for laws and policies in favor of such people but ignores the basic structural requirements and improvements in various institutions, buildings and public places.
vii. Unawareness of Rights
People are mostly unaware about their rights and protections as guaranteed by the Government because these are not properly publicized. The main reason is that the most interested person is himself a disabled person. He or she might not be able to realize about his or her right due to any kind of disability or impairment.
> Conclusion, Suggestions and Recommendations
The purpose of this writing was to put on air the “unheard voice” of those who are not in a state of realizing their rights or in a capacity to get their rights enforced. Being responsible citizens of the state of Islamic Republic of Pakistan, which has been obtained in the name of Islam in order to spend our lives according to the injunctions of Islam, we should not forget the “love for humanity” which is the most important commandment of Allah Almighty and His Prophet Muhammad (PBUH). We all are answerable not for our own deeds but our dealings towards others. Therefore, we should be more careful for the rights of those who are at the mercy of their society and state to get equality and justice without any discrimination. Supporting such people and advocating for their rights following suggestions and recommendation are being proposed:
1. Society must come forward to play its constructive role in’ dealing with PWDs. For such people society starts from their home and ends with all those people who come in their interaction directly or indirectly whether they are their parents, siblings, relatives, acquaintances, teachers, school fellows, colleagues, passer-bys or state officials. Everyone is custodian of rights of such people. Everyone should realize one’s individual responsibility as a human being while treating with such people who need our love, care and attention being members of the same society we are also a part of which. We should feel and listen their “unheard voices” as we are blessed with all the senses and we consider ourselves complete as compared to them.
2. It is imperative that a comprehensive survey should be conducted to collect the data of PWDs, so that welfare programs could be initiated on the basis of their needs.
3. It is unavoidable to revisit the laws relating to the PWDs on revolutionary basis. Policies should also be formulated and the most important thing is to have an effective enforcement mechanism. Only legislation and policy making is not sufficient to achieve the goals of International standards unless their implementation is not ensured.
4. There should be more training institutions for the education and rehabilitation of the disabled persons. Such institutions should be established in rural areas also. So that the people who cannot move to big cities for the education or rehabilitation of their disabled children could avail this facility in their hometown.
5. Government should make policies to protect the children from physical and sexual abuse and assault. There should be awareness programs and seminars for the purpose to educate the parents and members of society. Government should make laws and the special education institutions and training centers should be under continuous observation and surveillance through CCTV cameras so that the environmental and activities of such institution be continuously observed.
6. Special Education should be introduced in every school so that the children with such impairment could also get their education in the same environment without developing feelings of discrimination and exploitation in them. For this purpose there must also be recruitment of teachers in such schools with their specialty in special education as a subject.
7. Architectural barriers should be removed by planning structures and building in such a way which prove favorable for everyone. We should also realize our responsibility at public places while using lifts or seats reserved for PWDs as usually we ignore this fact.
8. Awareness programs should be arranged in the form of seminars, workshops and trainings for those who are under the responsibility of looking after any PWDs. Through such programs awareness must be spread how to deal with such people and what rights and facilities are provided for such people by the states.
References
Chapter 1, The Constitution of Islamic Republic of Pakistan, 1973
Article 1, UN Declaration on Human Rights Defenders
Disabled Persons (Employment and Rehabilitation) Ordinance, 1981
International Labor Organization Convention, 1994
Country Profile on PWDs (Annex: Pakistan), Retrieved from:
https://www.jica.go.jp/activities/issues/social_sec/pdf/pak_annex.pdf
Ihsan Qadir, Visually impaired men threaten ‘extended protest’ if jobs not given, (February 7, 2018), Pakistan Today, Retrieved from: https://www.pakistantoday.com.pk/2018/02/07/group-of-7-visuallyimpaired-individuals-paralyse-traffic-on-mall-road/
Rana Bilal, Visually impaired lawyer set to be appointed civil judge, (May 14, 2018) Dawn, Retrieved from: https://www.dawn.com/news/1407643
“Employment of Persons with Disabilities”, (2018), Paycheck.pk,You Share, We Compare: Part of WageIndicatorFoundation, Retrieved from: https://paycheck.pk/labour-laws/illness-work/employing disabled-person
[1]. Chapter 1, The Constitution of Islamic Republic of Pakistan, 1973
[2]. Article 1, UN Declaration on Human Rights Defenders
[3]. Disabled Persons (Employment and Rehabilitation) Ordinance, 1981
[4]. International Labor Organization Convention, 1994
[5]. Country Profile on PWDs (Annex: Pakistan}, Retrieved from:
https://www.jica.go.jp/activities/issues/social_sec/pdf/pak_annex.pdf
[6]. Ihsan Qadir, Visually impaired men threaten ‘extended protest’ if jobs not given, ( February 7, 2018), Pakistan Today, Retrieved from: https://www.pakistantoday.eom.pk/2018/02/07/group-of-7-visually-impaired-individuals paralyse-traffic-on-mall-road/
[7]. Rana Bilal, Visually impaired lawyer set to be appointed civil judge, (May 14, 2018) Dawn, Retrieved from:
https://www.dawn.com/news/1407643
[8]. Employment of Persons with Disabilities”, (2018), Paycheck.pk,You Share, We Compare: Part of Wage Indicator Foundation, Retrieved from: https://paycheck.pk/labour-laws/iIIness-work/employing-disabled-person
