Compulsory education: Civil society goes to court to press government into doing its duty

Education secretary and AG Sindh asked to explain.

KARACHI: Several organisations representing different segments of society are seeking the help of the judiciary to compel the government and state meet their constitutional obligation to provide compulsory education to all children between five and 16 years of age.

A petition jointly filed by these organisations drew the attention of the Sindh High Court to Article 25A of the constitution that clearly binds the state to ensure free and compulsory education for all children.

Taking up the petition, a division bench of the high court comprising Justice Maqbool Baqar and Justice Imam Bux Baloch issued notices on Monday to the advocate general of Sindh and the education secretary for January 26.

The petitioners – the Pakistan Institute of Labour Education and Research, Aurat Foundation, Pakistan Fisher Folk Forum, South Asia Partnership Pakistan, Institute of Social Movements Pakistan, Bonded Labour Liberation Front, National Trade Union Federation and the Bright Educational Society - maintained that after 18th Amendment, education became a right under Article 25A, titled ‘Right to Education.’

They urged the court to declare that the respondent (the government of Sindh) was under a constitutional obligation to provide free and compulsory mandatory education to all children of age between five and 16 years of age. They have appealed to the high court to direct the provincial government to ensure the implementation of this constitutional guarantee.

The petitioners, represented by Faisal Siddiqi advocate, have also sought a direction to the provincial government of Sindh to establish a commission, composed of well reputed members of civil society and government officials, to monitor the implementation of the relevant constitutional obligations of the respondent and to publish a detailed programme of measures to be taken by them to implement Article 25A. The high court has also been requested to direct the respondent to check and monitor the exorbitant fees charged by private schools in Sindh.

The petition links the right to education with the right to life, “as the right to life includes a right to a decent education.” It also mentions the Principles of Policies for governance of the State of Pakistan as enshrined under Article 37(b) of the Constitution outlines, removing “illiteracy and provide free and compulsory secondary education within a minimum possible period”, as duties of the state.

Published in The Express Tribune, December 20^th, 2011.