The writer is an international commercial lawyer and senior partner of Akhund Forbes, a corporate and commercial law firm
While the aims of these laws are noble, although not entirely necessary in light of Article 25-A of the Constitution of Pakistan, the methods of the Sindh and Punjab governments are unconstitutional and discriminatory. Article 25-A states that, “The State shall provide free and compulsory education to all children of the age of five to 16 years in such manner as may be determined by law.” As can be seen, the duty to provide free and compulsory education has been squarely placed upon the state. However, the ambitiously drafted laws also extend to private schools, obliging them to reserve 10 per cent of their class strength for disadvantaged students or those affected by an act of terrorism who should be provided free education. Such a mandatory obligation on private schools to provide free education to impoverished children is, in effect, equivalent to part nationalisation of private schools by the Sindh and Punjab governments. Furthermore, it is an abdication of the responsibility imposed upon ‘the State’ by Article 25-A.
Under the Sindh Act, any child whose parent’s income is below the minimum wage, which has recently been set at Rs10,000, meets the criterion of a disadvantaged child. The Sindh government and local authorities have a duty to establish schools within a period of two years from the commencement of these laws, specifically for providing free and compulsory education while not compromising on the quality of education being provided.
The Sindh Act also states that private schools must obtain a certificate of registration, which will only be provided if they meet the prescribed norms and standards. Contravention of this provision may result in a fine and imprisonment for the people running the school. The Sindh and Punjab governments have, in the garb of these laws, armed themselves with a new weapon to interfere with the private school system. Given the already poor condition of the public education system in Sindh, it is indeed a scary thought about what would happen if the Sindh government starts meddling with the private school system as well. Pursuant to the Sindh Act, every school (both public and private) shall set up a school management committee with equal representation from the government, teachers, parents of admitted children and the school management. Such a committee will be responsible for, among other things, monitoring the general working of the private school and ensure implementation of the government’s education policy.
With over 5,000 ghost schools existing in Sindh, it is possible that the Sindh Act will be exploited to increase this number. In light of the powers to interfere with the private school system, these laws could result in a boon for those unscrupulous officials who know how to utilise legislative enactments for their personal gain. As has always been said for Pakistan, there is no shortage of good laws in this country; it is their implementation which leaves much to be desired.
It was a welcome development that Article 25-A introduced by the Eighteenth Amendment has made the right to free primary and secondary education a fundamental right. However, the implementation of Article 25-A cannot be used to drive a coach and horses through the other fundamental rights of private school owners, including those enshrined in Article 18 (Freedom of trade, business or profession).
By effectively and partly nationalising the private school system, the Sindh and Punjab governments have also sent the wrong message to potential investors in Pakistan. While much that is contained in these laws, both in letter and in spirit, is noble, including the duties enumerated for the parents to ensure school attendance by their children, government interference and direction in how private schools should admit students is disgraceful.
What’s next? Do we start asking all farmers (big and small) to give 10 per cent of their crop to the poor for free because no one can live without food? Shall we establish farming collectives similar to those in the former Soviet Union? Or do we ask multinational companies to ensure that 10 per cent of their total production of pharmaceuticals and other fast-moving consumer goods (FMCGs) are distributed to people residing in impoverished areas and they must not charge for such gratis distributions? Or shall we legislate that all property developers must reserve 10 per cent of the units in any housing project for the poor and give them out for free? There is no stopping such a trend.
I have no doubt that these laws will become the subject of serious constitutional challenges. However, a very dangerous message has already been sent to foreign investors by the Sindh and Punjab governments, i.e., they have no qualms about government interference in private enterprises and that it will do so in the name of public service. Reminds one of the 1970s all over again!
Published in The Express Tribune, May 27th, 2014.
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COMMENTS (12)
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the private schools are a blot on the face of a poverty ridden Pakistan they build on amenity plots reserved by government which they take for free Islamabad is a prime example of this people like kasuris have grabbed land from state and have build schools (its a shame to call them schools) and they charge exuberant amounts in the name of fee while the filthy rich have no problem with that kind of money some from middle and lower income groups sweat it out in hope of giving their children a better future but at the end what happens is that children from lower income groups become low achievers and even after getting educated from these schools they fail to be reasonably employed it is only the responsibility of the state to provide education and no private enterprise should be allowed to set up a school or for that matter a college or university
Agree with Riz, the solution is not quotas, it is taxation. That makes more economic sense and is less intrusive.. otherwise you will be imposing 10% quotas on all essentials of life, medicine, food, clothing. what is the point of government then. tax private sector and collect taxes and then use it for public service. Don't impose quotas!
I think you are reading too much into this.......this is a country where Laws are made to be ignored.......WITH IMPUNITY ( you SIr should know this very well ) If the Constitution was to be followed in letter and spirit, 98% of our so called elected representatives should never have been even eligible for contesting the elections........ and this is just one example.
Please don't expect anything from us - we are private...
I agree with the author, the solution to the problems of education in this country is not to reserve 10% seats in private schools for the poor. The solution is to tax and tax and tax the profits of the private schools and then honestly collect those taxes and use such tax revenues to provide free public education to all. Private enterprise cannot be made subject to such state interference. We all know the state of public schools in Sindh!
In Islamabad at least, almost all major private high schools offer full or partial scholarships to a large percentage of their student body based on academic performance. Reserving a few seats for underprivileged children will hardly burden these wealthy institutions. What they will do is help correct the gross levels of inequality in our society.
Considering the flourishing parallel tuition system that exists in every corner of this country, private schools cannot be offering anything more than an opportunity to network and socialise. There are certainly very few that offer quality education.
Reserving seats is hardly nationalisation – nationalisation is what ZAB did to this country half a century ago, and for which we're reaping the rewards of an illiterate populace. Nationalisation would be if the government decided to take over the private schools, which this is clearly not.
I, for one, would welcome government oversight on private schools that are currently free to teach anything they want in return for exorbitant fees; that routinely hire untrained and inexperienced teachers; that model their curricula on Western ideals for the sole purpose of creating avenues by which the elite can leave the country; that allow no regulation or input from the community and that foster an environment of privilege and inequality.
Perhaps the author's main objection is that his own children may be forced to fraternise with his driver's children?
The author should stick to practicing law and not comment on things where they have no real understanding. Equating education with the provision of free goods is an attempt to do nothing more than add weight to an argument without basis.
When we look at every free democracy country in the world, the public education system is made available to their population as a whole. The United States, the United Kingdom, Canada, Australia and other countries have strong, functioning public school systems where the bulk of the nation's children are provided an education free of cost. The private schools in these same countries are required to maintain scholarships for deserving students that are unable to pay the fees of the private school. Are you going to dare to say that is the nationalization of those schools systems as well?
I would also mention that, as a product of the US public school system, my parents were part of the school management council that helped to determine curriculum, decided on spending of school funds and the quality of teachers that were hired. This is not a bad thing.
Lastly, I don't see the author lamenting that while parents pay the exorbitant fees to send their children to private schools, they must also pay private tuition instructors (usually teachers from the same school) to provide additional education AFTER SCHOOL hours that should have been delivered in the classroom. This is obviously not something that the author sees as a violation of the trust and social contract between the school and the parents who trust them to educate their children.
This, however, is further to the mindset of the "elitist" Pakistanis that say only the rich should be allowed to attend private schools and have the facilities provided to them alone. All this while parents are not paying their fair share in provincial and federal taxes so that the public school systems can be properly funded.
"reserve 10 per cent of their class strength for disadvantaged students or those affected by an act of terrorism who should be provided free education." As a soul-less and heartless man I agree with you. No benefits for the poor from these traders (tajir) of education for their own pockets. We all know and Gen Mush's decade long govt knew about the ghost schools and did not do a thing about that. Our attention and monies go for bombs, and huge perks for generals. No money is going to be spent on poor kids and the "lawyer" is against even a few seats for poor kids.
You do paint a very grave picture, with implications that i had not thought of. Just the precedent that these laws set is enough to destroy the country. We are a crippled nation at best, and i fear if high handedness like these laws go unchecked then we will rapidly progress to being a failed state, if we already are not one.
You answered most of your concerns in your own article, one being referring to private schools are private enterprises. These are educational institutions, not enterprises, and thus have a moral responsibility to educate the underprivileged. Are you seriously going to winge about a 10% quota for the poor?
Corporate Industry of Education is not even ready to reserve only 10% of seats for needy and poor students and they asked some one to write article in favor of them. What a shame!! Private sector schools are above the law and they even dont care about Education Ministry. Education cant be left on the mercy of powerful private school firms. There should be scrutiny, Quality assurance, audit and accountability.