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B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
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Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
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Legislative Initiatives for (Teachers, Families & Communities).pdf
1. BS 6th Special Education (2019-2023)
SUBMITTED TO:
GROUP 2
o Mubashra Khan
o Parvisha Manzoor
o Uzair Umar
o M.Zahid
o Abeera Khaild
o Rameen Fatima
o M. Anees Ijaz
o Aziz Ullah
o Abdul Aziz
o Azam Qureshi
o Shahid Ali
o Zeeshan Awaisi
o M. Usman Nawaz
Mam Hina Kainat
ASSIGNMENT NO.1
SUBMITTED BY:
THE ISLAMIA UNIVERSITY OF BAHAWALPUR
2. LEGISLATIVE INITIATIVES
Meaning
The term “legislation is derived from the Latin word “Lagis” which mean “law”
and “lation” means “making” it also refers to the law making or setting of law.
DEFINITION
According to Sir John Salmond
“Legislation has superiority over all the other sources of law.”
Superiority means at time legislation perform two functions.
Due to this function legislation is also known as written law, statutory law, enacted
law and law of parliament.
According to Austin,
“There can be no law without a legislative act”
KINDS OF LEGISLATION
1. Supreme Legislation: the supreme legislation is by the sovereign power
of the state. Therefore, any of other authority within the state can, in no way,
control or checks it. It is considered not only supreme but legally
omnipotent. There is no legal limitation on its power. Indian parliament is
also supreme though there are certain constitutional restrictions upon its
power. But no other legislative authority cannot repeated, annulled or
controlled by any other legislative authority
Legislative Initiatives for (Teachers,
Families & Communities)
Narrow
Wider
Making of laws by Supreme Authority.
Making of laws by any authority.
i. Enacting of law making of law ii. Amendment of law Changes
Changes Changes
3. 2. Subordinate Legislation
Subordinate legislation is legislation by any other authority other than the
supreme legislation of the state. It made under the power delegated by the
supreme authority, such legislation owes its existence, validity and
continuance to supreme authority.
Five different forms of subordinate legislation can be identified theses
are;
a. Colonial Legislation
The countries which are not independent, and under the control of
some other state and have no supreme power to make laws.
b. Executive Legislation
When legislation powers are delegated to the executive, it is called
executive legislation. Though the important function of the executive
is it is always entrusted with some subordinate legislation power also.
c. Judicial Legislation
Powers are given to the judicature to make rules for regulation of its
procedure. In India, the Supreme Court and high court both have the
power to make rules for their respective procedure and
administration.
d. Municipal Legislation
Municipal bodies are given power to make laws for their local
matters. This law is made to operate its respective locality. In India,
such municipal boards.
e. Autonomous Legislation
When the supreme authority confers power upon a group of
individual to legislate is called autonomic law. For example;
Universities.
HISTORY
UN estimates that there is more that 650 million people’s the world with
disabilities. The UN declared as 1981 as the international year of a disable person
to awaken awareness among the member counties regarding the rights of disabled
persons. The PCO (Pakistan Census Organization) in its 1998 national
population census has provided data about disability. According to the census data
the person with disabilities constituted 2.49 percent of overall population.
According to WHO policy on the Employment of person with disabilities “HRD”,
4. released on 28 May 2010. Disable person constitutes 10 percent of the world
population.
Magnitude of disability in Pakistan
Data reveals that 55.7 percent of disabled people are found in Punjab. Followed by
28.4 percent in Sindh.11.1% in NWFP.4.5% in Baluchistan, and 0.3 percent in
Islamabad. If a girl child is disabled she doubly disadvantaged as she will receive
less nutritious food, health care and attention with in the family and will often die
young. Among adults, the number of physically disable male higher than the
number of females, as the accident in household as well as in the workforce is
much higher for men.
POLICIES FOR SPECIAL PERSON IN PKISTAN
i. Disabled person ordinance, 1981
It was the first constitutional effort on the part of the state to start institutional care
of the special persons in Pakistan. Establishment of training and vocational centers
for equipping special person with necessary skill. Section 11 shall be punishable
with fine which may extend to one thousand rupees and in the case of
nonpayment of fine with an additional fine, which may be extending to 10 rupees
every day.
ii. National Policies for persons with disabilities, 2002
It was finalized after a lengthy consultative process involving all stakeholders and
relevant Federal Ministries including Health, Labour Manpower, Housing and
works, sciences and technology as well as relevant departments and prominent
NGOs. This is possible only show the active cooperative of federal, provincial,
local government. NGOS as well as involvement of families.
iii. NPA for person with disabilities, 2006
The NPA identifies 17 critical areas. It spells out short term steps to be by the end
of June 2009, and long term measures to be adopted by July 2025. The long
objective reflected in NPA focus on creation of barrier free physical environment
in all places.
5. iv. Special Citizens Act 2008
To provide the accessibility disabled citizens at every public place, with regard to
allocation of seats in public transport. Under the law, special persons should be
given priority while crossing the road and traffic Polices should be responsible.
v. Special Citizens Act 2009
Under this act, air, railway and other transport authorities are bound to charge
less/half rates from disabled persons.
vi. Duty Free Import of Car
Disabled persons are allowed waiver of import duty which is in excess of 10%on
CKD (completely knocked down) kits that are imported for assembling of car for
them. Some time ago, the duty free import of customized cars by disabled person
was allowed. To facilitate disabled persons to actively participate in economic
activities, the facility to import duty free customized cars, not above 1350cc of
engine capacity is being allowed.
vii. Inadequate Policy, Legislative and Enforcement Framework:
Ordinance 1981 does not contain an effective mechanism for the employment and
rehabilitation of PWDs. The Supreme Court took notice of a report that seats
reserved for the disable in50 Govt department were laying vacant. Aftab Amir, a
representative of National Center for Rehabilitation of Disabled Person(NCRDP)
confessed that disabled person Ordinance has not been implemented yet properly
thus forcing disabled person for begging.
viii. Education for All Handicapped Children Act
Passed by Congress in 1975, this was the first special education law directed at
students with physical and mental disabilities. The law stated that public schools
must provide children with special needs with the same opportunities for education
as other children. It also required any public school that received federal funds to
provide one free meal a day for these children.
6. The mission of this act was to:
◦ make special education services accessible to children who require
them;
◦ maintain fair and appropriate services for disabled students;
◦ institute systematic evaluation requirements for special education; and
◦ Endow federal resources to public schools for the education of disabled
students.
ix. Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act, or IDEA, was created in 1990
and is a modification of the Education for All Handicapped Children Act. This
law ensures that special needs students receive appropriate free public
education in the least restrictive environment necessary to meet those students’
needs. It helps students receive the extra assistance they need but allows them
to participate in the same activities as children without special needs whenever
possible.
x. No Child Left Behind
In 2001, the Elementary and Secondary Education Act, commonly known as the
No Child Left behind Act, called for schools to be accountable for academic
performance of all students, whether or not they had disabilities. The act requires
schools in every state to develop routine assessments of students’ academic skills.
While it does not stipulate that these assessments meet a national standard, the law
does oblige each state to come up with its own criteria for evaluation. No Child
Left Behind provides incentives for schools to demonstrate progress in students
with special needs. It also allows for students to seek alternative options if schools
are not meeting their academic, social or emotional needs
xi. Individualized Education Programs
The IDEA maintains that parents and teachers of children who qualify for special
education must develop an Individualized Education Program, or IEP, that helps
establish specific education for a child’s explicit needs. This requires caregivers to
7. meet initially to determine a child’s eligibility for an IEP and to come together
annually to develop and assess the educational plan.
xii. Students with Disabilities and Postsecondary School
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
forbid discrimination in schools based on disability. This applies to colleges and
universities as well as elementary, middle and high schools. Many students with
special needs go on to study at the postsecondary level, but the laws are slightly
different for postsecondary schools. The law does not require postsecondary
schools to provide a free appropriate public education to students, but it does
oblige schools to offer suitable academic adjustments and accessible housing to
students with disabilities.
CONCLUSION
Making more new laws for special person in Pakistan that should help
that person’s to survive in community as other person without disability.
8. REFERENCES:
National policy for person with disabilities, 2002; Directorate General of special
Education, Government of Pakistan
Report on National Census of Pakistan, 1998; Population Census Organization,
Government of Pakistan
Disabled Persons(Employment and Rehabilitation) Ordinance,1981; Government
of Pakistan.
National Plan of Action for the Person with Disabilities,2006; Directorate General
of Special Education, Government of Pakistan.
Special Citizens Act,2008; Government of Pakistan
Special Citizens (Right to Concessions in Movement) Act,2009; Government of
Pakistan.
Trade Policy, 2009-10, Ministry for Commerce, Government of Pakistan.
SRO No.16(1)/2006-importII, dated 28th
September, 2009; Ministry of Commerce;
government of Pakistan.
NCRDP; Daily the Times, August01,2010.
Education for All Handicapped Children Act,94 CRC was enacted by the United
States congress on May25, 1975.
No Child Left behind Act of 2001, amended; public health and social welfare;
47U.S.C.