Through the intervention and direction of Lahore High Court Judge Jawad Hassan in various cases, various laws including laws, ordinances and policies are made by legislators and subsequently implemented by the administration, thereby contributing to the protection of public interests. Connected. These laws include the Punjab Disability Empowerment Act 2022. Punjab Domestic Workers Act 2019. Punjab Food Authority (Disposal of Excess Food), Regulations, 2019. Commercial Court Ordinance, 2021. Punjab High Security Zones (Establishment) Act 2020. Urban Forestry Policy; Justice Jawad has always promoted and protected the greater public interest when fundamental rights are violated.
As public interest litigation is a powerful tool for individuals and groups to combat illegality, injustice and social evil, Jawad Jawad has instructed relevant authorities to enact appropriate legislation related to issues of public interest. made various judgments to issue Also, the Punjab Disability Empowerment Act 2022 was enacted under the direction of Justice Jawad Hassan for the empowerment of persons with disabilities.
The law was passed by the Punjab Legislature on December 5, 2022. It was approved by the Governor of Punjab on 14th December and published in the Punjab Gazette as a law of the Punjab Legislature on 19th December 2022. Persons with disabilities in Pakistan face obstacles in accessing public, educational and commercial places, especially for wheelchair users, as relevant authorities remain unable to arrange the construction of ramps, lifts and toilets for persons with disabilities. it won’t work. Basic life, dignity and freedom of movement are violated as ramps and facilities are not provided.
Under the Pakistan Accessibility Code of 2006, access to public places and facilities is a statutory right for persons with disabilities, especially those in wheelchairs. The provisions of section 3 of the Special Citizens Act 2008 clearly state that it is the government’s responsibility to detain the relevant authorities before constructing buildings in the public or private sector, especially educational institutions, banks and hospitals. increase. Provide wheelchair access in shopping malls, police stations, airports, train stations, bus stations, hotels and other public places. To address these grievances, Judge Jawad Hassan has issued step-by-step instructions to relevant authorities to rule on writ petitions entitled Judicial Activism Punishment v. Commonwealth of Pakistan and others. The judgment discusses in detail how the judiciary has stepped forward by serving Mandamus’ writ and assessing the role of civil society and government in drafting laws such as the Punjab Disability Empowerment Act 2022.
The law provides persons with disabilities with rights that include the right to privacy, accessibility and mobility, educational equity, home and family rights, access to justice, and the right to inherit and own property. Other states in the country had already created specific laws dealing with accessibility and mobility for persons with disabilities, including the Balochistan Disabled Persons Act 2017. Sindhi Disability Empowerment Act, 2018. Disability Her ICT Rights Act, 2020.
The ruling held that the provision of special facilities, including special education, special libraries, recreational activities, special care, medical facilities, and other basic necessities, is a fundamental right of special children. It was made on the basis of a warrant petition filed by Principle Penalty. Protection of the fundamental rights of special persons falls within the obligations of Article 35 of the Constitution of the Islamic Republic of Pakistan, 1973, and Article 37 of the Constitution covers the provision of special facilities for persons with disabilities in Pakistan. promotes social justice.
In a warrant petition (No 22253/21), the authors representing JAP argued that: the door of this courtroom.” Showing sympathy, Justice Jawad noted that while ladders may have helped people climb buildings, giving the same ladders to people with disabilities in their ability to walk to reach the top of every building is equal. He said in the ruling that he would not be treated as such. However, an optimistic and unjustified approach portrays both inappropriate and indifferent methods.
Due to the public significance of the case, Jawad ordered the formation of a commission under the supervision of the Social Welfare Secretary and the Beit al-Mar Department.
On 15 October 2021, Social Welfare Minister Syed Yawar Abbas Bukhari announced that a meeting of the Commission will be held on 5 October and 10 November 2021 respectively to formally consider and incorporate the Commission’s proposals, The new part ie Part 2 (II) deals with the rights and entitlements of persons with disabilities in the original draft. Finally, the Secretary submitted a report indicating that nearly all of the discrepancies identified had been remedied, and after re-clarifying some provisions on February 12, 2021, he had cleared the scrutinized draft law. did.
The Judicial Action Panel would then have to submit another constitutional petition to enforce the basic rights of persons with special abilities and special children deprived of basic rights. Having ruled on this petition, the Court has issued substantive instructions to authorities to protect the rights of people with special abilities. Going forward, all new infrastructure permits for public use will be contingent upon their building plans complying with the Council’s minimum standards, guidelines, and requirements. It implements procedures and programs to facilitate their personal mobility at a concessional cost. They have full and adequate access to all forms of communication and have unrestricted access to all communal facilities and services. They shall be protected from abuse, violence, torture, cruel, inhuman or degrading treatment and exploitation by any individual, institution or authority.
Thus Jawad Judge successfully concluded the case substantially by incorporating all constitutional rights of persons with disabilities in the form of the Punjab’s Empowerment of Persons with Different Capabilities Act. This law promotes and ensures the effective inclusion of persons with disabilities in the community and promotes the rights of persons with disabilities in line with the Constitution of the Islamic Republic of Pakistan, the United Nations Convention on the Rights of Persons with Disabilities and international best practices. The purpose is that. We also ensure the provision of matters including meaningful and effective access to a variety of tangible and intangible means to meet special needs.
Under this law, the government shall conduct regular surveys of school children to identify children with disabilities and to ascertain their special needs and the extent to which those needs are being met. With the implementation of this law, the first investigation for this purpose must be carried out within two years. For their welfare, the Government shall arrange special training for teachers, professionals and staff to support inclusive education at all school levels. Governments now have a legal obligation to facilitate the use of appropriate extensions and alternatives. She provides free books, study materials, and appropriate assistive devices up to age 18. Provide scholarships to persons with disabilities where appropriate.
Persons with disabilities have the right to live independently in the community without discrimination of any kind and in no case shall they be denied access to communal facilities and services. Such persons shall not be illegally and illegally separated from their families. This law guarantees the right of persons with disabilities to participate in politics and their equal rights to freedom of speech, expression and information. Governments are also mandated to prioritize and provide free, barrier-free access to all necessary public health services and infrastructure.
Under this law, persons with disabilities have the right to inherit and own property. Participate in sports, cultural and recreational activities. It also protects you in the event of risks and disasters. In addition, they can be evaluated, inspected and certified in a manner that fully considers their specific needs. To exercise their rights and entitlements, the Government may establish the Council for the Rights of Persons with Disabilities (CRPWD), chaired by the Minister of Social Welfare and vice-chaired by ministers, civil servants and non-civil servants. member.
For the purpose of speedy trial, a session court shall be appointed or designated in each district to be a special court for persons with disabilities to try crimes under this Act. The Council shall ensure the development, promotion and empowerment of women, children, transgender and older persons with disabilities. In short, Jawad Jawad’s judicial efforts enable those who cannot compromise to justice because the basis of the rule of law is access to and distribution of justice as stipulated in Article 4. invented the principle. and 37(d) of the Constitution.
