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MOHAMMAD SHAFIQ-UR-REHMAN versus FEDERATION OF PAKISTAN

ections Sections 31 and 2 (c) on Organization Pakistan, Arts 14, 9, 25 and 199 - UN Convention on the Rights of Persons with Disabilities, which was ratified by Pakistan in 2011, Article 31 - Constitution Petition - Public Interest Law Enforcement - Population Census dis Joins People with Disabilities in National Census - Protecting Person Human Dignity Unbelievable Citizens 'Equality petition Applicants' Circle Under Section 2 (c) and 31 of the General Statistics And in the upcoming national census in the Population Census (Reorganization) Act, 2011, excluding people with disabilities added all segments of the population Should go, that was incomplete and a violation of fundamental rights - justification with Article 31 of the UN Convention on the Rights of Persons, which Pakistan ratified in 2011. Pakistan had an international responsibility to collect information about persons with disabilities in formulating and implementing policies to implement the Convention's objectives national Situation of persons with disabilities nationally And the lack of information and information about disability helped to cover the disabilities of government figures, disrupting developmental planning and implementation that included people with disabilities - to include people with disabilities in the national census. And losing their count could lead to their welfare and future prospects There will be eruptions. The state did not have any credible information about their population, so exclusion of persons with disabilities from the census violates the rights and human dignity of life under Articles 9 and 14 of the Constitution.

P L D 2017 Lahore 558 

Before Syed Mansoor Ali Shah, C J

MOHAMMAD SHAFIQ-UR-REHMAN—Petitioner

versus

FEDERATION OF PAKISTAN through Secretary and another—Respondents

Writ Petition No.7122 of 2017, decided on 15th March, 2017.

General Statistics (Reorganization) Act (XIV of 2011)-

—Ss. 31 & 2(c)—Constitution of Pakistan, Arts. 14, 9, 25 & 199— United Nations Convention On The Rights Of Persons With Disabilities, ratified by Pakistan in 2011, Art. 31—Constitutional petition—Public interest litigation—Population census—Inclusion of persons with disabilities in the national census—Security of person— Inviolability of dignity of man—Equality of citizens—Scope-Contention of petitioner was that the housing and population census under Ss.2(c) & 31, of the General Statistics (Reorganization) Act, 2011 should include all classes of the population aiid by not enumerating persons with disabilities in the upcoming national census, the same was incomplete and violative of Fundamental Rights— Validity—Per Art.31 of the United Nations Convention On The Rights Of Persons With Disabilities, ratified by Pakistan, in 2011; an international obligation was cast upon Pakistan to collect appropriate (infÓrm;ation regarding persons with disabilities in order to fÓrm;ulate and implement policies to give effect to the purposes of the Convention—Lack of data and infÓrm;ation on disability and situation of persons with disabilities at the national level contributed to invisibility of persons with disabilities in official statistics, presenting an obstacle to achieving development planning and implementation that was inclusive of persons with disabilities—Depriving persons with disabilities from being included and counted in the National Census would offend their welfare and future prospects as the State had no credible infÓrm;ation regarding their population, hence, exclusion of persons with disabilities from Census (head count) was in violation of right to life and human dignity under Arts. 9 & 14 of the Constitution besides being discriminatory under Art. 25 of the Constitution—High Court observed that having a general headcount of persons with disabilities was more important than having no infÓrm;ation at all regarding the same, and the said mechanism would not upset the calendar of the upcoming population census and was workable—High Court directed that census codes, in machine readable fÓrm;ats, should include collecting infÓrm;ation regarding disability along with gender and Pakistan Bureau of Statistics to ensure that the next population census included a special column relating to persons with disabilities along with various categories of disabilities—Constitutional petition was allowed, accordingly. [pp. 560, 562, 563] A, B, C & D

Monitoring and Evaluation of Disability-inclusive Development, United Nations and Writ Petition No.37499 of 2016 rel.

Mohammad Nabeel Khan Dahir and Hamza Khalid Randhawa for Petitioner.

Nasar Ahmad, Deputy Attorney General for Pakistan.

Ms. Hina Hafeezullah Ishaq, Assistant Attorney General for Pakistan.

Akbar Ali Dogar, Joint Census Commissioner, Pakistan Bureau Statistic, Lahore.

Khalil-ur-Rehman Rana, Deputy Census Commissioner/Admn, Pakistan Bureau Statistic, Lahore.

Mohsin Mumtaz, Civil Judge/Research Officer, Lahore High Court Research Centre (LHCRC).

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