Prime Minister of Pakistan is aiming Pakistan like a state of Medina, being a welfare state fulfilling the social responsibility and justice for the people of Pakistan. In Islamic state the paramount priorities of the state are different from a normal state. The Islamic state has a positive attitude towards needy individuals and those who are in a disadvantaged position. The good governance of Islamic state not only declared the existence of disabilities as a natural part of human nature ,but also provided principles and practical suggestions for caring for disable people, as well as discussing the significance of such caring.

One billion people, or 15% of the world’s population, experience some form of disability, and disability prevalence is higher for developing countries. One-fifth of the estimated global total, or between 110 million and 190 million, experience significant disabilities. Most of the developed countries have recently paid attention to people with special needs, including Pakistan. This started after it had cast aside corrupt, racist theories calling for neglecting them on the false grounds that people with special needs are not of any benefit to the society.

Some recent unfortunate tragedies have sensitized us more than before of the importance of the legislation on disable persons in Pakistan. The plight of Persons with severe Disabilities in Pakistan is stupendous in its proportions. The existing legislation of person with disabilities does not reflect this gap. Pakistan is signatory of the Convention for the Right of Persons with Disabilities-CRPD and right now in the process of making domestic legislation in compliance of UN Convention. It’s the best time for Government of Pakistan, to take a notice of the dire situation the Persons with Disabilities -PWDs in Pakistan, specially the Children, Women and old PWDs and promulgate a comprehensive legislation.

Historically speaking, our domestic legislations mostly do not match the international standards in complying international Conventions and treaties. There are three main reasons of this, firstly, we always sign and ratify the conventions and treaties in a hurry and without any preparation, secondly we don’t assess political, socio-economic and cultural impact of the Convention on our society( like census, data collection, education, health, planning and per capita expenditure on the Disability, etc). Thirdly we come up with weak legislation to meet the dead line of the convention or inadvertently ignored legal and objective spirits of the conventions. This embarrasses Pakistan internationally, when bilateral obligations of the conventions start.

The real problem in Pakistan is that we are not imagining and counting the severe Disability in Pakistan properly. Unfortunately, we have not been monitoring the adequacy and standards of the existing service provision in Pakistan. However, practically, the Pakistani state has left the care of the PWDs to the parents, philanthropy and market with heartbreaking exploitative practices when it comes to the selling of services to PWDs.

The Services to the PWDs are not yet defined clearly, which the State shall provide directly as the primary service provider. After 18th amendments, the care of the PWDs was thought to have been devolved to the provincial governments with the devolution of the Ministry of Social Welfare. This has resulted in a very grave violation of the Articles on Fundamental Human Rights enshrined in the Constitution of Pakistan. Notionally now, it is a provincial subject and the provinces are enacting Laws in compliance with the UN Convention of the Rights of PWDs, which Pakistan ratified in 2011.

In Education and Health sectors, the state has virtually accepted a dependence on the private sector for the provision of these services. The proposed draft implies an expansion of the private sector role in the provision of Services to PWDs. Supporting these providers should be an important part of the proposed legislation but it should also cause the establishment of a regular Monitoring System. The new face of Disability all over the world, including Pakistan, is the psycho-social disorders from the social environment. Be it corporal punishment at home, schools and Madras, begging and prostitution due to poverty, foster family hazards for autistic children, mentally and physically retarded people. In order to properly address the naturally occurring Disability as well as man-made Disability, the proposed legislation should propose an integrated framework for the care of PWDs focusing on the protection and enforcement of their legal rights and prevention, rehabilitation support to the PWDs with minor disabilities and full care to the Persons with severe and multiple Disabilities.

The Article 25 is not yet fully complied in Pakistan which would significantly reduce the burden of man-made disabilities. One major source of man-made Disabilities is the Child Labour, particularly as domestic workers. Trauma of the domestic child workers is very long, especially for the girls. The legislation should be highlighting the fact that 80 % of the Disabilities in Pakistan are man-made and on the principle of ‘Polluter pays’. The legislation should ask the provincial governments to adopt clear Targets to reduce the man-made Disabilities by half by 2030.

In case of employment opportunities, Pakistan does have the requisite legislation, fixing the employment quota for PWDs. The proposed legislation should cause the quick establishment of a National Disability Information Management System, necessary for the functioning of Employment Exchanges. This would require the revamping of the Disability Certification System in Pakistan, which the proposed Draft should stipulate. The philanthropy in Pakistan provides more services and support to the most vulnerable citizens of Pakistan than the government. Pakistan should strengthen the National Disability Services through BISP, EOBI, Workers Welfare Fund, Bait-ul-Mall and provincial Social Security Institutes. This should also include the setting up of a national Trust for the Persons with Severe Disabilities. The draft should propose to establish a National Disability Service in Pakistan. In Pakistan, we have ignored the need to have separate Caregivers Support Law. The proposed Law should come up with a very strong institutional mechanism to support the caregivers of PWD. The UK Law on the Rights of the Parents of the Children with Disabilities was promulgated four decades ago. The proposed legislation can cause the integration of all the institutions working for Disability Service, The Planning Commission and Pakistan Bureau of Statistics for a very quick Disability Service Needs Survey to assess the Challenge.

Global awareness of disability –inclusive development is increasing. UN-CRPD promotes the full integration of persons with disabilities in societies. Being a signatory Pakistan has to follow the 2030 agenda for sustainable Development which clearly states that disability cannot be a reason or criteria for lack of access to development programming and the realization of human rights. Therefore the government should come up with a legislation which would help all the stakeholders respond better to the enormous.