During the past two years Pakistan has legislated substantially regarding the rights of the disabled and their employment in public and private organizations. In 1981 the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 is the over riding legislation in Pakistan which provides a quota of 2% of persons with disability to be accommodated in employment in government and private organizations. The legislation defines a “disabled person” as a person who on account of injury, disease or congenital deformity, is handicapped for undertaking any gainful profession or employment in order to earn his livelihood, and includes a person who is blind, deaf, physically handicapped or mentally retarded. The legislation provides that it shall be applicable to organizations with at least 100 employees. Since 2108 legalization has been enacted in Pakistan which has substantially increased the benefits available to the physically and mentally challenged.
After the promulgation of the 18th Amendment, the provinces in Pakistan were to enact thereon specific legislations on the subject however legislation on this very important topic was significantly delayed. When KPK, Baluchistan and Punjab did enact their legislations it was more an adoption of the 1981 Ordinance with a small increase in the quota for employment. Punjab increased the quota to 3%.
The most beneficial legislation enacted in Pakistan is the Sindh Empowerment of ‘Persons with Disabilities’ Act 2018. The Act has increased the quota level to 5% and done away with the restriction of the number of employees applicability for organizations thus this Act is now applicable to all private and government organizations. The Act has also provided a broad description for disabilities including autism and cerebral palsy, ADHD, multiple sclerosis, muscular dystrophy.
The only territory in Pakistan lacking in up to date legislation was the federal capital Islamabad. On September 23rd 2020, legislation on the subject which effects Pakistan was also passed by the National Assembly of Pakistan. The law passed for the federal capital seeks to ensure equal rights in education and employment for people with disabilities. Persons with disabilities shall not be denied admission to public educational institutions based on their disability. Similarly the Government shall ensure that equal employment opportunity is provided to those with disabilities and a fund shall be created for providing employment opportunities for the disabled. Any private or public organization not employing the disabled as penalty shall have to contribute to this fund the amount of salary which they would have otherwise have paid such person. Access to justice and privacy has also been ensured under the Act for Islamabad.
