Transgender and disabled persons get representation in Sindh’s local councils

By Our Correspondent
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Published December 10, 2021

Taking a historic and human-friendly decision, the Sindh cabinet has reserved one per cent or one seat of membership each for the transgender group and the differently-abled persons in every local council of the province.

“This will help bring the marginalised members of society — the transgender people and the differently-abled persons — into mainstream society, which is an inclusive approach of the provincial government,” said Chief Minister Syed Murad Ali Shah.

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He was addressing a post-cabinet media talk at the CM House on Thursday. He was flanked by provincial ministers Saeed Ghani and Nasir Shah, Karachi Administrator Murtaza Wahab, and special assistants Syed Qasim Naveed and Arbab Lutfullah.

Town bodies

The CM said town municipal corporations (TMCs) or towns were created in the urban centres of Sindh on the recommendation of the opposition members, including the Muttahida Qaumi Movement (MQM) and the Jamaat-e-Islami. “When towns have been created, they are opposing them, which is quite surprising to me.”

He said that through the proposed local government amendment bill, TMCs are being introduced in the Karachi Metropolitan Corporation and in the other municipal corporations of the province.

“It will help the devolution of service delivery at a lower and manageable level, as it has been a long-standing demand of all the major political parties.”

District councils

Shah said that keeping in view the rapid urbanisation in Karachi and Hyderabad, it has been proposed that there will be no rural areas or district councils in both cities.

Inclusive approach

He said it has been proposed that the disabled and trans persons will be given representation in the local councils of the province. As per the proposal, one per cent membership of the local councils will be reserved for both groups in every council.

LG amendment bill

The CM said that on Section 18 of the recently passed LG amendment bill, the Sindh governor has observed how a council can elect any person as mayor, deputy mayor, chairman or vice chairman of the council, since “any member from the House” should be elected instead.

Shah said that in 2013, Naimatullah Khan, Nasir Shah, Kanwar Naveed Jameel and all the others were not council members but were elected as Nazims of Karachi, Sukkur, Hyderabad and other cities.

He pointed out that now the beneficiaries of that system — the MQM, the JI and other parties — are opposing the same system of election. “Therefore, the cabinet accepted the observation of the governor and decided that the mayors and chairmen will be council members.”

On another observation on Section 18, the CM said the governor believes secret balloting will create the problem of horse trading. “As per Article 226 of the Constitution of Pakistan, all elections under the constitution, other than those of the prime minister and the chief minister, will be done by secret ballot.”

He added that the local government is a creation of the constitution and bound by its provisions. “But as pointed out by the Sindh governor, there are chances of horse trading, so the provincial cabinet has decided to drop the proposed amendment, so now the election of mayors and chairmen will be held through show of hands.”

Talking about the insertion of Section 140(a), the CM said the governor has observed that in the act of the provincial assembly amendment, any such notification would be against constitutional spirit.

He responded that the cabinet worked under the PA. “Also, schedules of the Sindh Local Government Act 2013 relate to executive functions and powers of the council that at times require immediate intervention, so Section 140(a) was inserted.”

He added that the cabinet already has the power under Section 74 to take decisions on the functions and responsibilities of the local councils at any time.

“As the law is being discussed and improved, it was imperative for the cabinet to have the power to amend the schedules for timely changes, but the proposed amendment has been withdrawn as per the observation of the governor.”

Responding to the changes in the schedule, the CM said the governor has observed that the removal of the functions of medical colleges and teaching or specialised hospitals, milk supply schemes, birth, death and marriage registrations, control of infectious diseases, adult education, primary education, optional functions, health and maternity centres, primary health, hospitals & dispensaries, control of articles of food and drink, milk supply, education and compulsory education will further weaken the LG institutions, which is against the spirit of constitutional provisions.

Shah said that after detailed deliberations, the functions of education and health have been withdrawn from the local councils. “Milk supply schemes, though never executed by the local councils, is proposed to be restored for the local councils.”

The CM said the function of registering births, deaths and marriages was previously listed as a function of district municipal corporations (DMCs) and district councils. However, he added, the function is being performed by the union councils concerned. He said that in the case of town committee and municipal committee, registration was carried out by the town or municipal committee concerned.

He also said the anomaly has now been removed and it has been proposed that UCs in a DMC or district council may be empowered to register births, deaths and marriages. “In case of town committee and municipal committee, the registration will be carried out by the relevant town or municipal committee.” The CM said the powers of collecting property tax have been taken away from the excise & taxation department and given to local councils. “We are committed to strengthening local councils and will welcome constructive input from the opposition.”

Shah said the city’s mayor will be co-chairman of the board of the Karachi Water & Sewerage Board, along with the provincial minister. He has also been made chairman of the Solid Waste Management Board, he added. He said similar functions have been given to mayors and chairmen of other municipal corporations and committees.

Q&A

Replying to a question, the CM said the federal government has sent him an invitation card through courier service for the launching ceremony of the Green Line bus rapid transit service. “Now I’ll decide whether I should attend it or not.”

Responding to another query, he said that when prices of petrol and gas have been increased by the Centre, how his provincial government can control the prices of essential products.

To another question, Shah said the police officers who relinquished their charges and joined their new postings without being relieved by the provincial government would be considered deserters, and the matter would be taken up with the Sindh advocate general so as not to issue them their last pay slip.

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