Persons with disabilities (PWDs) have historically been, and continue to, remain a marginalised and underprivileged group, irrespective of the sympathies reserved for them. Until and unless we, the physically abled population of the Islamic Republic of Pakistan, put ourselves in the shoes of PWDs, discrimination against PWDs will continue to persist.
From using a public toilet to getting a BPS-05 scale job, persons with disabilities continue to get less than what they deserve. Perhaps, token sympathies don’t offer a concrete solution. What is required is a sustained empathy and recognition of their fundamental rights. We do not see PWDs living a normal life around us unless they have been employed in our workplaces on quotas. Some can be seen inhabiting traffic lights in states of varied destitution, and even those who enjoy financial support from their families are cooped in their households, devoid of PWD-specific public transport, which could empower them to navigate an increasingly complex urban sprawl. Pakistan refuses to hold itself internationally accountable for steps taken for PWDs. Pakistan ratified the UN Convention on Rights of Persons with Disabilities (CRPD) in 2011.
The CRPD is an international treaty. It is a comprehensive human rights convention and international development tool and is at the heart of the disability rights movement. Signatory states must report initially within two years of accepting the Convention and thereafter every four years. However, Pakistan has not submitted any report, whatsoever, manifestly acting in contravention of an international obligation. The local law governing issues of PWDs is the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, which also lays woefully dormant in terms of facing extremely poor implementation.
The issue of accessibility is critical not just for those who face mobility concerns, but also for those who face visual and auditory impairments
Every sensible person knows that PWDs face salient problems, such as the lack of proper education and employment opportunities. However, the most common and prevalent issue faced by PWDs is the accessibility to common facilities. Accessibility is a significant yet largely ignored issue. Without access to bus stations, buildings, and railways, PWDs cannot even avail present employment and educational facilities easily. The issue of accessibility is critical not just for those who face mobility concerns, but also for those who face visual and auditory impairments.
Given the current state of affairs, it may appear utterly surprising that Pakistan has an Accessibility Code 2006, which outlines public infrastructure standards. This Code, at least in theory, seeks to ensure easy and safe access for PWDs. It has laid down comprehensive space standards, design guidelines and building bylaws to make the environment friendly for PWDs. It obligates owners, designers, builders and regulators of public buildings and facilities to ensure that all new construction meant for public use be carried out in such a manner that it is without physical barriers, and that already existing buildings and facilities are modified to an appropriate extent. The Code applies to public as well as privately-owned buildings meant for the public use. It lays construction requirements for public toilets, streets and parks furniture, parking space dimensions, pedestrians’ crossings, walkways, handrails, outdoor steps, land transport, air transport, rail transport, entrance to buildings, lightning illumination, lifts, switches and controls, and accessible means of emergency exit. Essentially, every public place, which can be used by PWDs, has come under the ambit of this Code.
Keeping in mind the shambolic state of affairs that exist for PWDs in this country, it is ironic enough that there is also a Design Manual & Guidelines for Accessibility 2006, which contain design guidelines, dimensional standards and specifications for making new as well as existing buildings, facilities, spaces and areas accessible to PWDs within the provisions of the Accessibility Code of Pakistan. The Manual supplements the Code by explaining, with graphic examples, the technical requirements for the implementation of the Code. It gives sufficient latitude in implementation standards, out of which the most appropriate could be selected to suit any case. Contrary to the Code, the provisions of the Manual are not binding and are kept only as guidelines for making and creating accessible environments. To make things worse, both the Code as well as the Manual lack essential legislative cover for the same has been framed under the umbrella of National Policy for PWDs, 2002. The cherry on the top, this Manual is not present on any government website, through which builders, owners, contractors and facilitators can get easy access. Ironically, government departments related to infrastructure development might not even know this and the Manual lays dormant since its birth.
The barrier to accessibility of public places arises primarily due to the absence of the political will in implementing standardised criterions for buildings, roads and transport. It is a pity to mention that the say of PWDs is non-existent when it comes to the matters related to them. Physically abled majority realistically cannot imagine the difficulty faced by PWDs when they step out of home since every step is shackled into blockades of accessibility of even basic facilities. It is high time for the judiciary to take a serious look into the difficulties faced by PWDs, and call for the implementation of the existing Code and Manual for accessibility, while exercising its extraordinary jurisdiction to enforce fundamental rights under Article 184(3) of the Constitution in this matter involving public importance. Without providing accessible means to PWDs, not only is their right to free movement being compromised but their fundamental right to life is also being marginalised. PWDs are deprived of access to basic facilities of life and denied a sense of inclusion into public spaces. In a literal sense, PWDs are facing double jeopardy; by being born as a disabled person and by being born in Pakistan, where even existing laws cannot be a source of relief to them. In this day and age of technological advancement, it is a shame for us as a nation that PWDs are still confined to their homes; constrained to live in solitude and denied their right to free movement and live a normal life with dignity, like millions of us.
The writer is Advocate at Sheikh & Dahir (Barristers & Corporate Consultants)