Balochistan PWD Act 2017

Key Highlights of the Act

1. Fundamental Rights and Non-Discrimination

• Equality: PWDs are guaranteed the right to dignity and equal opportunity in all spheres of life (social, economic, and cultural).

• Non-Discrimination: No public or private institution may discriminate against an individual based on their disability.

• Right to Privacy: PWDs have the same right to privacy in their homes, families, and communication as all other citizens.

• Vulnerable Groups: The government is mandated to take special measures for the protection of women, children, and elderly persons with disabilities.

2. Accessibility and Mobility

• Infrastructure: All new and existing public/private buildings, hospitals, parks, and roads must be made barrier-free. New construction projects will not be approved unless they meet accessibility standards.

• Transport: PWDs are entitled to special seats in all means of transport and exclusive, free-of-cost parking spaces at all public places.

• Tax Exemptions: The Act provides tax exemptions on the import of specialized equipment like wheelchairs and modified vehicles.

3. Education and Employment Quotas

• Equity in Education:

  • PWDs are entitled to free education (under Article 25A) or a 50% fee relaxation in higher education.

  • A 5% quota is reserved for admissions in all educational institutions, including a minimum 5-year age relaxation.

• Equity in Employment:

  • A 5% quota is reserved for PWDs at all levels of government and private sector employment.

  • Establishments that fail to meet this quota must pay twice the salary of the missing quota position into a dedicated Rehabilitation Fund.

4. Health and Social Protection

• Free Healthcare: The government must provide barrier-free access to public health services without cost to PWDs.

• Insurance: The Council will devise special life, medical, and accidental insurance schemes for PWDs.

• Housing: A 5% quota is reserved in housing schemes with a 50% concession on the total cost.

• Family Rights: PWDs have the right to marry and raise a family. Forced sterilization is strictly prohibited and categorized as a non-compoundable offense.

5. Justice and Safety

• Access to Justice: PWDs are entitled to free legal aid and priority resolution of court cases. Special Disability Courts will be designated to hear cases involving PWDs.

• Disaster Relief: In situations of risk, natural disasters, or armed conflict, PWDs must be given top priority in protection and evacuation.

6. Political Participation

• PWDs have the full right to participate in political activities, including exercising their right to vote and being elected to office. The government must ensure all polling stations are accessible.

Administration and Implementation

• Provincial Council: A “Provincial Council for the Rights of Persons with Disabilities” (headed by the Minister for Social Welfare) has been established to oversee the Act’s implementation.

• Rehabilitation Fund: A dedicated fund is established to finance projects, provide insurance, and support the welfare of PWDs.

• Monitoring: The Council will issue performance “scorecards” to government departments every three years to ensure compliance with the Act.

Conclusion

By repealing the outdated 1981 Ordinance, the 2017 Act establishes a robust legal mechanism to remove physical and social barriers, ensuring that every person with a disability in Balochistan can live an independent and dignified life.