Daily Times

The novel coronavirus, Covid-19 has had many impacts on not only the developing countries but also the developed countries. Pakistan, being one of the developing countries has many challenges to face : shortage of food, clean water, healthcare, and also the one upon which it seems much attention has not been payed in years: The right to an education! The Universal Declaration of Human Rights (UDHR) recognizes “education” as a fundamental right amongst the most important rights for survival for humans. John Dewey said, ‘Education is not preparation for life; education is life itself.’

Pakistan has always been struggling, as per a UNICEF report in 2018, Pakistan has the world’s second-highest number of out-of-school children with an estimated 22.8 million children aged 5-16 not attending school, representing 44 per cent of the total population in this age group. In the 5-9 age group, 5 million children are not enrolled in schools and after primary-school age, the number of out of school children doubles, with 11.4 million adolescents between the ages of 10-14 not receiving formal education. The report adds that, disparities based on gender, socio-economic status, and geography are significant; in Sindh, 52 percent of the poorest children (58 percent girls) are out of school, and in Balochistan, 78 percent of girls are out of school.

According to UNICEF, Socio-cultural demand-side barriers combined with economic factors and supply-related issues (such as availability of school facility), together hamper access and retention of certain marginalized groups, in particular adolescent girls.

As per Human Rights watch, One reason so many children in Pakistan do not go to school is that there is no enforced government expectation that children should study…there is no organized effort by government in any province to ensure that all children study.

Perhaps, in the midst of coronavirus, the government has finally found a solution to deliver its citizens their constitutional right to an education

Quite interestingly, the children of Pakistan between the age of five to sixteen years have a free and compulsory right to an education. Article 25A, the article enforcing the right to education states that, “The state shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law. ”

Accordingly, Article 37(b), which enforces promotion of social justice and eradication of social evils states, “The State shall remove illiteracy and provide free and compulsory secondary education within minimum possible period.”

Furthermore, Article 38(d) which enforces promotion of social and economic well-being of the people, states, “The State shall provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment.”

Nevertheless, the state hasn’t been acting constitutionally and in accordance with the law even before the outbreak of the novel coronavirus. According to the Human rights watch’s report, Pakistan spends far less on education than is recommended by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in its guidance on education. Many professionals working in the education sector described a situation in which the government seemed disinterested, and government disengagement on education is evident from the national level to the provincial and local levels.

Furthermore, according to the report, there are not enough government schools for all children to have access to …government schools are in such short supply that even in Pakistan’s major cities many children cannot reach a school on foot safely and in a reasonable amount of time. The situation is far worse in rural areas, where schools are even more scarce, and it is less likely that private schools will fill the gap. Families that can access a government school often find that it is overcrowded.

The government of Pakistan accepts it’s neglect of the education system. In its 2017-2025 National Education Policy it has accepted that : ”Pakistan’s education sector has persistently suffered from under-investment by the state, irrespective of the governments in power. Years of lack of attention to the education sector in the form of inadequate financing, poor governance as well as lack of capacity, has translated into insufficient number of schools, low enrolment, poor facilities in schools, high dropout rate, shortage and incompetent teachers, etc. All of this has led to poor quality of education for those who are fortunate enough to get enrolled and no education for the rest.”

In their manifesto, the present government accepted that about 22.5 million children are out of school in Pakistan.

If the government has already failed time and again to give effect to the law and its constitutional duty before the outbreak of the novel coronavirus, the question that arises is, how will it give effect to the law and constitution while coping with the troubles for access to education caused by the novel virus and once the pandemic has ended?

According to the twitter of Minister for Federal Education and Professional Training Shafqat Mahmood, Prime Minister Imran Khan made the decision in NCC that, all educational institutions will remain closed till the 15th of July 2020.

Earlier, he had stated that with the help of Pakistan Television (PTV) an initiative called ” Tele-school” has been launched for providing an opportunity to school going students to receive an education. This initiative was launched by the Prime Minister on the 13th of April 2020.

Nevertheless, this doesn’t absolve the government of it’s constitutional duties, U.S. Institute of Peace report states that, ”Only Sixty-three percent of Pakistani households have televisions”. However, I believe that many obstacles still exist for those that do have access to a television, such as, proper cable/ antenna connection, electricity, etc. Although the launch of this initiative is commendable these issues and the obstacles raised need to be resolved once and for all! As even when we fight our battle against the novel coronavirus and life resumes back to normal, many children could still enjoy their right to free and compulsory education through this initiative.

Federal Minister on twitter stated that the government is considering to start a radio education program to expand the distance learning project to far flung areas of the country. If so, I believe that radio devices need to be provided to the children across all areas of Pakistan. While many enjoy the privilege of having a radio on their mobile phones, according to U.S. Institute of Peace, ”Phones also tend to be owned by men.” Each student having their own radio for education would solve the problem to some extent.

Perhaps, in the midst of coronavirus, the government has finally found a solution to deliver its citizens their constitutional right to an education, which they could continue to enjoy even after the war against the novel coronavirus?

While the country’s economy can’t afford to build schools, provide free transport to and from schools, uniforms, shoes and meals at schools, etc for its entire population belonging to the five to sixteen age group, it can to an extent provide them with the opportunity to an education through these initiatives.

In interviews conducted by the 2018 report of human right watch , girls talked again and again about their desire for education, their wish to “be someone,” and the ways in which these dreams had been crushed by being unable to study. Maybe there can hope for them and their dreams after all!

Barrister of the Honourable Society of Lincoln’s Inn and teach United States constitutional law and civil law to Pakistani LLB students