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Key Highlights of the Code
1. Core Rights and Entitlements
The Act guarantees several fundamental protections for PWDs:
Non-Discrimination: PWDs have the right to be respected for their individual dignity. They cannot be deprived of personal liberty or receive restricted benefits based on their disability.
Privacy: Protection from arbitrary or unlawful interference with their privacy, family, home, or correspondence.
Special Protections: Enhanced protection for women, children, transgender persons, and the elderly with disabilities to ensure they enjoy rights equally with others.
Independence: The right to live independently in the community, the right to marry, and the right to raise a family.
Right to Information: Full and equitable rights regarding freedom of speech and access to information.
2. Accessibility and Mobility
The government is mandated to ensure that PWDs can move freely and safely:
Public Infrastructure: Hospitals, transport, streets, and all public buildings must be modified to be barrier-free.
Concessions: New infrastructure must adhere to the Accessibility Code of Pakistan 2006 to receive building permission.
Transport: Entitlement to special seats in public transport and exclusive, free-of-cost parking spaces nearest to building entrances.
Assistive Technology: The government will facilitate access to mobility aids and assistive devices at affordable costs.
3. Inclusive Education
The Act prioritizes the educational development of PWDs:
Inclusive System: Educational institutions must establish an inclusive system where at least 3% of the total student body are students with disabilities.
Non-Rejection: No person can be denied admission to any educational institution based on their disability.
Support & Facilities: Institutions must provide assistive devices, Braille, and sign language support. They must also modify curriculum and examination systems (e.g., providing extra time or scribes).
Concessions: PWDs are entitled to education at concessional rates.
4. Employment and Economic Welfare
To ensure financial independence, the Act mandates:
Employment Quota: Establishments must ensure that at least 3% of their total workforce are persons with disabilities.
Penalty for Non-Compliance: Establishments that fail to meet this quota must pay a monthly sum into the “Persons with Disabilities Rehabilitation Fund.” This amount must not be less than the minimum wage.
Equity: PWDs must be employed under terms and conditions no less favorable than those for other employees in similar positions.
5. Institutional Framework
Council on Rights of PWDs: A high-level body led by the Minister for Social Welfare to execute policies, conduct surveys, and monitor the implementation of the Act.
District Welfare and Rehabilitation Units: Local units responsible for data collection, grievance redressal, and facilitating job applications for PWDs.
Assessment Boards: Responsible for examining and issuing Disability Certificates based on the specific needs of the individual.
Special Courts: The government will designate a Court of Sessions in each district to act as a “Special Court for Persons with Disabilities” for speedy justice.
6. Offences and Penalties
The Act imposes strict penalties for violations:
Abuse and Exploitation: Intentional insults, sexual exploitation, or denying food/medical care to a PWD is punishable by 6 months to 5 years of imprisonment and fines up to 500,000 PKR.
Fraud: Fraudulently availing disability benefits can lead to up to 2 years of imprisonment and/or a 100,000 PKR fine.
General Contravention: Any person or institution violating the Code or regulations can be fined between 100,000 and 500,000 PKR.
Specified Disabilities (The Schedule)
The Act provides a detailed list of recognized conditions:
Physical: Cerebral Palsy, Muscular Dystrophy, Blindness, Low-vision, Deafness, and Speech Disorders.
Neuro-Developmental: Intellectual Disability, Autism Spectrum Disorder (ASD), ADHD, Down Syndrome, and Dyslexia.
Chronic Neurological: Multiple Sclerosis and Parkinson’s disease.