| Citation(s) |
|---|
| 2017 SLG 1305 2017 SLD 1305 2017 PLD 558 |
Lahore High Court
Writ Petition No. 7122 of 2017, decided on 15th March, 2017.
SYED MANSOOR ALI SHAH, CHIEF, JUSTICE
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.
Writ Petition No. 7122 of 2017, decided on 15th March, 2017.
SYED MANSOOR ALI SHAH, CHIEF, JUSTICE
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.
MOHAMMAD SHAFIQ-UR-REHMAN
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY AND another
Law:
Section:
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 and 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 information regarding persons with disabilities in order to formulate and implement policies to give effect to the purposes of the Convention---.---Lack of data and information 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 information 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 information at all regarding the same, and the said mechanism would not upset the calendar of the upcoming…
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