LAHORE: The Lahore High Court has directed the provincial government to implement “The Punjab Empowerment of Persons with Different Abilities Act 2021”, once enacted and notified by the assembly, in letter and spirit in order to protect the fundamental rights of persons with disabilities (PWDs).

Justice Jawad Hassan issued the direction in a judgement issued on two public interest petitions filed by Sana Khurshid, a lawyer and motivational speaker with disability, and Judicial Activism Panel chairman Advocate Azhar Siddique.

At the last hearing, the government had told the court that a vetted draft of “the Punjab Empowerment of Persons with Different Abilities Act, 2021” had been submitted to the standing committee of the cabinet on legislative business for consideration and approval.

Allowing the petitions, the judge, in his verdict, directed all respondent authorities to take steps to protect, manage and provide all facilities to the PWDs in accordance with the Act. He states the departments shall inform the public and create awareness regarding the rights of PWDs through the media and other means.

The judge directed the provincial government to revise and amend such laws where clear direction and command was not entrusted to any authority as under Punjab Rules of Business, the secretary Social Welfare and Baitul Maal Department had clear mandate to make laws and policies, under Schedule-II of the Punjab Government Rules of Business, 2011.

Justice Hassan also commended the steps taken by petitioner Ms Khurshid and the inputs given by her along with other activists who participated in a commission made by the court.

The judge also appreciated the efforts of government departments and commission chairman Dr Pervez Hassan in preparation of the draft of the law. He lauded the assistance given by advocates Khwaja Issam Bin Haris and Ali Rasheed Chughtai who also prepared the basic draft of the Act with the government in order to achieve the rights of PWDs for their betterment and to create first such law in Pakistan different than the one mentioned of other provinces.

Published in Dawn, February 17th, 2022

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