Law: Constitution of Pakistan, 1973

Section: 3,9,14,25,35

(a) Constitution of Pakistan--- ---Arts. 3, 9, 14, 25 , 35---UN Convention on the Rights of Persons with Disabilities, 2008, Arts. 9, 13 , Preamble---Persons with Different Abilities (PWDs)---Duty of State to protect rights of PWDs---Scope---When the State fails to protect rights of PWDs, it amounts to defiance and failure from its pledge made through a social contract with the citizens---State must distinguish and address the abilities and inabilities of citizens to obliterate the challenges which hamper their meaningful exercise of Fundamental Rights as provided and guaranteed to them by the Constitution---State being provider, the Government being executor and the Judicature being custodian of the Fundamental Rights cannot absolve themselves of their responsibilities towards the PWDs. When a State is making laws under the Constitution and taking actions in furtherance of that to protect the rights and dignity of Persons with Different Abilities (PWDs), it is actually fulfilling its promise towards that individual to whom it has made a pledge through a social contract. When the State fails to protect these rights in the way that it should, it amounts to defiance and failure from its pledge. While examining Articles 3, 9, 14, 25 and 35 of the Constitution, the State should embrace its citizens like a mother; guardian and protector who does not apply unified standards to provide all the children with similar kind of things but diversifies the provisions with respect to particular requirements of each child. A ladder might be helpful for an (abled) person to climb up a building but giving the same ladder to a person with an impaired ability to walk to reach the top of very same building does not amount to equal treatment, and such an approach, is neither sanguine nor justified rather depicts a modus operandi, which is improper and indifferent at the same time. The State must therefore, distinguish and address the abilities and inabilities of citizens to obliterate the challenges which hamper their meaningful exercise of Fundamental Rights as provided and guaranteed to them by the Constitution. The Constitution does not classify or make any distinction on the…

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