Unfortunately there is no legislation done in Pakistan to provide accessibility for people with disabilities. This matter has been raised time and again and enough awareness has been created. However, in the absence of legislation, there is no mandatory requirement for the provision of accessibility. In countries like US & UK there is from “Disabilities Legislations” which makes it mandatory to provide all facilities to special people.
The initiative taken by the Government so far is to promulgate Ordinance on 24th December 1981 to introduce “DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) ORDINANCE 1981. However, the most important part is that while this Ordinance is giving details about the disabilities and the minimum 1% quota for the employment of disabled persons in any establishment, the same is completely silent on the provision of accessibility. The question is this that even any special person want to avail this employment quota, how is he/she going to practically work in the absence of appropriate accessibilities in transport system, footpaths and the organization itself.
Another contribution made by the Government was to formulate a (National Polity for Persons with Disabilities in the year 2002) which ultimately resulted in the introduction of ‘The Accessibility Code of Pakistan 2006’. This is indeed a very comprehensive code but again without any legal effect. The accessibility code fully defines the building by-laws and the removal of physical barriers, however, is given no proper legal cover through an Ordinance or by legislation. Unless the National Policy and the Accessibility Code is not given any legal cover, there will never be a mandatory effect and the concept of accountability and penalty will never arise.
Karachi Building & Town Planning Regulations 2002, which make it mandatory to complywith certain building standards that are necessary to make the proposed construction disabled access friendly. The current Regulations only provide (in Paragraph 9.13) that:
“In all Buildings for commercial use, public use and buildings meant for amentity purposes such as health and welfare uses, education uses, religious uses, recreation uses and government uses, SHALL provide facilities for the disabled persons as under:-
9-13.1 Provision of ramp upto the ground floor with a (1.20m) with a width of 4 ft (1.20m) and maximum gradient of 1.12 with a railing at least on one side.
9-13.2 Minimum one toilet designed for a person on a wheelchair with adequate safety provisions such as a grab bar, rails etc, and locking provision that can also be operated from the outside.
9.13.3 Provision for parking reserved for disabled persons as noted in Clause No. 24-2.6”
These are only regulations but there is no legislation.
No provision has been made in the Regulations in relation to the following:
- Footpaths leading up to the buildings in question — All footpaths and walks leading up to the entrance to the building should be wheelchair friendly.
- Alignment of floors within the building — Within the building the floors should be properly alingned with entrances to the building, entrances to elevators etc, so as to ensure that a wheelchair can move swiftly into and out of doors, into and out of elevators, without requiring any extra help by others.
The Government- should make it mandatory that no building plan will be approved unless and until it provide proper accessibilities for the Physically challenged people namely Ramps, lifts, parking space and big washrooms. Moreover higher penalties should be attached to non-compliance with the stipulations contained within the Regulation.
The Regulations relate only to new constructions, there being no provision contained therein in relation to the modification of existing buildings so as to make them disabled access friendly. Till such stipulations are introduced into the regulations, the majority of buildings in the pilot city of Karachi will continue to remain disabled access unfriendly. All existing hotels, restuarants, cinema halls, shopping malls, mosques, schools, colleges etc may be issued circlulars to modify their buildings in a manner that will provide greater accessibility to persons with disabilities.
While we strongly suggest that legislation may be done, during the interim period and availing the time factor, it is imperative that the Accessibility Code 2006 should become part of the Regulations of all the plan approval authorities like KBCA, DHA and others. This can be done very promptly by introducing an amendment in the by-laws and rules of the plan approval authorities.
Once this code is incorporated in the regulation of plan approving authorities, a penalty regime shall be introduced so that there should be a deterrent of not following the rules and regulations.