ISLAMABAD: The Supreme Court has directed the federal and the provincial governments to discontinue using words "disabled" or "physically handicapped" and "mentally retarded" for persons with different abilities in official correspondence, directives, notifications and circulars as this deeply bruise and offend human dignity.
The federal and the provincial governments were asked instead of using words "disabled" or "physically handicapped" and "mentally retarded" must shift to "persons with disabilities" or "persons with different abilities" for persons with different abilities.
A three-member bench headed by Justice Manzoor Malik gave these directions in response to an appeal of Malik Ubaidullah, who was not provided job on disability quota post of Senior Elementary School Educator Arabic (SESE Arabic), Multan.
In the present case, the disability quota for 252 posts 27 of SESE [Arabic] is five posts but only one post out of these has been filled by Asma Qasim.
The bench directed the Education Department, Local Government, Multan and the Punjab government to reconsider the case of the petitioner, preferably along with the other applicants with disabilities who had applied for the said posts and fill the disability quota for SESE [Arabic] only if petitioner and other applicants meet the selection criteria fixed for the said post.
"Let this exercise be completed within a period of one month from the receipt of this judgment," the court said.
The court directed that two percent (and now three percent) disability quota is to be calculated on the basis of the total sanctioned posts of the establishment.
In order to ensure fair and equitable representation of persons with disabilities (PWDs) in every tier of the establishment, the total disability quota is to be further apportioned and allocated among different categories of posts in the establishment.
The determination of different categories is on the basis of their distinct qualifications, selection criteria and separate merit list.
In case the sanctioned strength of a post is less than 50, it will be for the establishment to allocate seat(s) from the overall disability quota against such a post.
If a particular post is not fit for a PWD, the establishment may shift the disability quota and adjust it against another post in the establishment, so that the overall disability quota is not disturbed and maintained at all times.
The advertisement for any category of post must clearly provide the total disability quota for that category of posts and the number of seats vacant under the said disability quota at the time of the advertisement.
The judgment authored by Justice Mansoor Ali Shah said that the appointing persons with disabilities under the disability quota of two percent is half the story.
The other half and perhaps the more important half is to provide the infrastructure, access, support, and facilities, so that persons with disabilities, once appointed to a post, can perform their job without feeling physically or emotionally incapacitated in any manner.
"The biggest barriers to the employment of persons with disabilities is the accessibility and their social acceptability at the workplace. The government and the concerned establishment is bound to make provisions for it, for otherwise, the disability quota and the purpose of the Ordinance will stand frustrated and serve no useful purpose," he added.
The effects of unemployment on physical health such as symptoms of somatization disorder, depression and anxiety were significantly greater in unemployed than employed individuals.
The situation for people with disabilities may have consequences of a greater extent as they tend to be looked upon as dependents of their families and relatives, and are not expected to be gainfully employed or independent.
Copyright Business Recorder, 2020
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