Policy and Law- Education – The State of Children in Pakistan

Pakistan has adopted policy frameworks and provincial plans to raise education standards, ensure equitable access to quality education and improve learning outcomes, notably the National Education Policy 2009, the National Policy Framework for Education 2018 and a number of provincial plans. These include the Punjab Education Sector Plan 2019/20 – 2023/24), the Sindh Education Sector Plan 2019-2024, the Khyber Pakhtunkhwa Education Sector Plan 2020/21 – 2024/25 and the Balochistan Education Sector Plan 2020-25. Each of these strategic frameworks focuses on different aspects such as infrastructure development, curriculum reforms, teacher training, technology integration and addressing specific issues of the respective province.

Legal Framework

Constitution of Pakistan, 1973

The Constitution of the Islamic Republic of Pakistan, the supreme law of Pakistan, highlights the sense of equality amongst all citizens irrespective of their age, gender, ethnicity etc, declaring each citizen entitled to equal protection under law as per Article 25. More importantly, Article 25(A) guarantees the right to free and compulsory education for children between the ages of 5 to 16. This provision entitles every child between the age bracket of 5-16, to receive education without any cost for which the State has been mandated to ensure.

Moreover, Article 37(b) emphasizes the State’s responsibility to make efforts in eliminating any barriers that may prevent children from accessing education, such as monetary constraints or social factors. The provision highlights the importance of providing free and compulsory education to all children, regardless of their background or circumstances. The aim is to create an inclusive and equitable education system that caters to the needs of all children in the country.

Islamabad Capital Territory

Right to Free and Compulsory Education Act, 2014

The Right to Free and Compulsory Education Act, 2014 ensures that children between the ages of 5-16 have the right to receive free and compulsory education in ICT. The Act seeks to ensure that children have access to quality education without any discrimination or barriers in the Province.

Section 2(1)(d) defines a ‘disadvantaged child’ as a child belonging to a socially and economically disadvantaged group. The Act aims to ensure equal educational opportunities for all children and addresses barriers that hinder the access and participation of disadvantaged children in education. Section 3 entitles every child between the ages of 5-16 to receive free and compulsory education without any discrimination based on gender, caste, or religion. The provision mandates the Federal Government to provide free education to every child, ensure compulsory admission, attendance, and completion of education, provide safe commuting facilities for the child, monitor functioning of schools, and provide infrastructure, trained staff, and age-appropriate curriculum.

Moreover, Section 6 mandates the Federal Government to ensure that a sufficient number of schools are established and maintained within a specified area to provide education to all children residing in that area. Section 8 addresses the duty of parents or guardians. The provision imposes liability on them to ensure that their child attends school regularly and completes the required course of study until the completion of elementary education, except in the case of a reasonable excuse where the child is deemed incapable of attending school by the School Management Committee, by reason of any infirmity or mental incapacity. Section 9 entails that the appropriate government shall make arrangements for providing free pre-school education for children aged 3 until they join school, to ensure that children receive a strong foundation before entering formal schooling by focusing on early childhood development.

Furthermore, Section 11 prohibits schools to collect capitation fees or charge any additional fees and also prohibits them from conducting any form of screening, testing, or evaluation procedure that may discriminate against or exclude children from admission. The Act specifies that anyone who fails to comply with the provision shall be punished with twenty times the capitation fee charged and a fine of fifty thousand to one hundred thousand for subjecting a child to a screening procedure. Section 16 addresses the functions of a school management committee which include monitoring the working of the school, ensuring the implementation of educational policies and programs, overseeing the utilization of funds and resources allocated to the school, promoting community participation in the school’s activities and involvement of parents or guardians in the education and development of their children, facilitating the maintenance and improvement of school infrastructure and facilities, monitoring teachers and staff members, and resolving any grievances or issues related to the school and its functioning. Additionally, Section 22 directs the appropriate government to establish the Education Advisory Council which serves as a platform for collaboration and consultation between various stakeholders in the education sector. The main function of the Council is responsible for advising the appropriate government authorities on matters related to education policies, programs, and initiatives to ensure effective implementation of the Act.

ICT Prohibition of Corporal Punishment Act, 2021

The Islamabad Capital Territory Prohibition of Corporal Punishment Act, 2021 is a legislation that aims to prevent the use of physical punishment in educational institutions and other settings within ICT. The purpose of the Act is to ensure the safety and well-being of children and create a positive learning environment for them in the province.

Section 2(1)(c) defines ‘corporal’ or ‘physical’ punishment as any physical harm inflicted upon a child. This includes actions such as hitting, slapping, striking, or any other physical acts that may cause pain, lesions, or bodily harm. The Act aims to clearly outline what constitutes corporal punishment in order to prevent its use and protect the well-being of children. Section 3 prohibits any form of corporal punishment in any public or private setting, including workplace, schools, religious institutions, child care, foster-care, rehabilitation centers, juvenile detention centers, and any other alternative care settings. Section 3(3) permits discretion in disciplinary measures only when the act complies with a child’s right to dignity and bodily autonomy, and does not prove to be detrimental to the child’s physical and mental development. Section 4 prescribes punishments according to those specified within the Pakistan Penal Code (PPC), 1860 for their respective offenses, such as ‘Assault’ in Section 351, ‘Hurt’ in Section 332, ‘Criminal Force’ in Section 350, and more. The Act aligns with international standards and commitments to protect children from violence and promote their overall development.

Balochistan

Balochistan Compulsory Education Act, 2014

The Balochistan Compulsory Education Act, 2014 emphasises the right to education for every child and aims to improve the educational landscape in Balochistan by making education accessible, compulsory, and of high quality. The Act specifically emphasizes the importance of compulsory education for children between the ages of five and sixteen.

Section 3 imposes an obligation on parents and guardians to ensure that their children are enrolled in schools and attend regularly to ensure their personal development, future opportunities, and overall well-being . By making education compulsory, the Act seeks to address issues of low enrollment rates and improves educational outcomes for children in the region. Section 4 addresses the formation of Parents School Management Committees to promote parental engagement and community participation in the management and improvement of schools. The provision specifies that these committees have various responsibilities, including monitoring the quality of education, participating in school improvement planning, promoting a safe and conducive learning environment, and collaborating with the school administration to address any issues or concerns. By involving parents and the community in school management, the Act aims to foster a sense of ownership and accountability, ultimately leading to the improvement of educational outcomes in Balochistan.

Section 7 addresses the formation of a School Attendance Authority which acquires the power to take necessary actions to ensure that children attend school regularly. They can conduct inspections, investigate cases of non-attendance, and take appropriate measures to address the issue. The authority can issue notices to parents or guardians who fail to comply with the compulsory education requirements, and may impose penalties or initiate legal proceedings if necessary. Additionally, Section 8 outlines various offences related to non-compliance with Section 7 of the Act. The provision states that a parent or guardian who fails to enroll their child in a school or fails to ensure their child’s regular attendance in school as mandated by the Act, shall be held liable and subjected to a fine of five hundred rupees before a magistrate.

Balochistan Persons with Disability Act, 2017

The Balochistan Persons with Disabilities Act, 2017 aims to promote the rights and inclusion of persons with disabilities in Balochistan. The purpose of the Act is to ensure equal opportunities, non-discrimination, and full-participation of persons with disabilities in all aspects of life. The Act provides a framework for the protection of their rights, access to education, healthcare, employment, and other services.

Section 3 focuses on the principles of equality and non-discrimination for persons with disabilities. The provision emphasizes that persons with disabilities have the right to be treated equally and without discrimination in all areas of life, including education, employment, healthcare, and access to public facilities. The provision prohibits any form of direct or indirect discrimination based on disability and promotes the inclusion and participation of persons with disabilities in society. Section 9 emphasizes the right of persons with disabilities to receive an inclusive and equitable education. The provision mandates educational institutions to provide reasonable accommodation and support services to ensure that persons with disabilities have equal access to educational opportunities. The provision also highlights the importance of adapting teaching methods, materials, and facilities to meet the diverse needs of students with disabilities. The aim is to promote inclusive education and remove any barriers that may hinder the educational progress of persons with disabilities.

Moreover, Section 22 outlines the functions of the Provincial Council for the Rights of Persons with Disabilities. The Council is established to provide guidance and recommendations to the government on matters related to the empowerment of persons with disabilities. The functions of the council include advising the government on the formulation of policies, strategies, and programs for the empowerment of persons with disabilities, promoting awareness and understanding of disability issues in society, conducting research and studies on disability-related matters to inform policy development, monitoring the implementation of the Act and recommending measures for its effective implementation. Furthermore, Section 28 establishes Special Disability Courts to handle cases related to violations of the rights of persons with disabilities, ensuring that their rights are protected.

Balochistan Technical Education and Vocational Training Authority Act, 2011

The Balochistan Technical Education and Vocational Training Authority Act, 2011 establishes a regulatory body that focuses on technical education and vocational training in Balochistan. The Act aims to enhance the quality of technical education and vocational training, promote skill development, and bridge the gap between industry requirements and the skills of the workforce.

Section 3 directs the provincial government to establish the Balochistan Technical Education and Vocational Training Authority (BTEVTA). Section 5 empowers the Authority to regulate, monitor, and coordinate technical education and vocational training institutions. The Authority plays a crucial role in promoting technical skills, providing job-oriented training, and creating opportunities for employment and entrepreneurship in various sectors. Section 6 outlines the functions of the Secretary of the BTEVTA which includes formulating policies and guidelines, ensuring proper utilization of funds, developing and approving the curricula for various technical courses and programs, establishing mechanism for the assessment, certification, and recognition of skills acquired through technical education and vocational training, as well as monitoring and evaluating the performance of institutions and programs under BTEVTA’s jurisdiction.

Section 9 focuses on the establishment of Institute Management Committees (IMCs). These committees play a vital role in the governance and management of technical institutions. These committees are responsible for overseeing the administration, financial management, and development of the technical institutions. They also ensure the implementation of quality standards, the alignment of programs with industry needs, and the overall improvement of the institutes’s performance. Moreover, Section 11 mandates the Authority to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Authority the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Authority’s performance to the government and other relevant stakeholders.

Khyber Pakhtunkhwa

Khyber Pakhtunkhwa Free Compulsory Primary & Secondary Education Act, 2017

The Khyber Pakhtunkhwa Free and Compulsory Education Act, 2017 ensures that children between the ages of 5-16 have the right to receive free and compulsory education in KP. The Act seeks to ensure that children have access to quality education without any discrimination or barriers in the Province.

Section 3 entitles every child between the ages of 5-16 to receive free and compulsory education without any discrimination based on gender, caste, or religion. The provision mandates the Provincial Government to provide free education to every child, ensure compulsory admission, attendance, and completion of education, provide safe commuting facilities for the child, monitor functioning of schools, and provide infrastructure, trained staff, and age-appropriate curriculum.

The provision imposes liability on them to ensure that their child attends school regularly and completes the required course of study until the completion of elementary education, except in the case of a reasonable excuse where the child is deemed incapable of attending school by the School Attendance Authority, by reason of any infirmity or mental incapacity.

Moreover, Section 5 establishes a School Attendance Authority and mandatory representative from a Parent’s Teacher’s Council (PTC). The Authority is responsible for ensuring that all children within the specified age range attend school regularly. The Authority has power to take necessary measures to enforce compulsory education, such as conducting inspections, monitoring attendance records, and taking appropriate action against parents or guardians who fail to comply with the attendance requirements. The goal is to ensure that every child has access to education and is able to attend school regularly.

Khyber Pakhtunkhwa School Bags (Limitation of Weight) Act, 2020

The Khyber Pakhtunkhwa School Bags (Limitation of Weight) Act, 2020 regulates the weight of school bags carried by students in KP. The Act aims to ensure the well-being and physical health of students by preventing them from carrying excessively heavy bags, which can be gravely detrimental to a child’s health. The Act imposes limitations on the weight of school bags based on the age and class level of the students. The Act promotes a safer and healthier learning environment for students in KP.

Section 3 specifies the weight limitations for school bags. The provision states that the weight of a school bag should not exceed a certain percentage as identified in the Schedule. The specific weight limits may vary based on the age and class level of the students. The provision imposes liability on the Education Monitoring Authority (EMA) and Private Schools Regulatory Authority (PSRA) to ensure the effective implementation of the Act. Section 5 outlines the penalties for non-compliance with the weight limitations on school bags. It states that any person, including school authorities, found in violation of the Act shall be liable for imposition of fine or rupees up to two hundred thousand.

Khyber Pakhtunkhwa Technical Education and Vocational Training Authority Act, 2015

The Khyber Pakhtunkhwa Technical Education and Vocational Training Authority Act, 2015 establishes a regulatory body that focuses on technical education and vocational training in KP. The Act aims to enhance the quality of technical education and vocational training, promote skill development, and bridge the gap between industry requirements and the skills of the workforce.

Section 3 directs the provincial government to establish the Khyber Pakhtunkhwa Technical Education and Vocational Training Authority (TEVTA) for the purpose of regulating, monitoring, and coordinating technical education and vocational training institutions. The Authority plays a crucial role in promoting technical skills, providing job-oriented training, and creating opportunities for employment and entrepreneurship in various sectors. Section 5 establishes a Board as the governing body of TEVTA. Section 7 outlines the functions of the Board which includes formulating policies and guidelines, ensuring proper utilization of funds, developing and approving the curricula for various technical courses and programs, establishing mechanism for the assessment, certification, and recognition of skills acquired through technical education and vocational training, as well as monitoring and evaluating the performance of institutions and programs under TEVTA’s jurisdiction.

Section 9 focuses on the establishment of Institute Management Committees (IMCs). These committees play a vital role in the governance and management of technical institutions. Section 10 specifies that the committees are responsible for overseeing the administration, financial management, and development of the technical institutions. They also ensure the implementation of quality standards, the alignment of programs with industry needs, and the overall improvement of the institutes’s performance. Moreover, Section 15 mandates the Board to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Authority the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Authority’s performance to the government and other relevant stakeholders.

Punjab

Punjab Free and Compulsory Education Act, 2014

The Punjab Free and Compulsory Education Act, 2014 ensures that children between the ages of 5-16 have the right to receive free and compulsory education in Punjab. The Act seeks to ensure that children have access to quality education without any discrimination or barriers in the Province.

Additionally, Section 8 mandates a local authority to ensure that a sufficient number of schools are established and maintained within a specified area to provide education to all children residing in that area, as well as to use schools in evening hours as required to ensure the effective implementation of the Act. Section 9 addresses the duty of parents or guardians. The provision imposes liability on them to ensure that their child attends school regularly and completes the required course of study until the completion of elementary education, except in the case of a reasonable excuse where the child is deemed incapable of attending school by reason of any infirmity or mental incapacity. Section 10 entails that the provincial government shall make arrangements for providing free pre-school education for children aged 3 until they join school, to ensure that children receive a strong foundation before entering formal schooling by focusing on early childhood development. Section 11 directs the provincial government or local authority to establish a School Management Body to regulate and ensure the effective implementation of the Act. Furthermore, Section 14 prohibits schools to collect capitation fees or charge any additional fees and also prohibits them from conducting any form of screening, testing, or evaluation procedure that may discriminate against or exclude children from admission. The Act specifies that anyone who fails to comply with the provision shall be punished with twenty times the capitation fee charged and a fine of fifty thousand to one hundred thousand for subjecting a child to a screening procedure.

Punjab Technical Education and Vocational Training Authority Act, 2010

The Punjab Technical Education and Vocational Training Authority Act, 2010 establishes a regulatory body that focuses on technical education and vocational training in Punjab. The Act aims to enhance the quality of technical education and vocational training, promote skill development, and bridge the gap between industry requirements and the skills of the workforce.

Section 3 directs the provincial government to establish the Punjab Technical Education and Vocational Training Authority (TEVTA). Section 5 empowers TEVTA to regulate, monitor, and coordinate technical education and vocational training institutions. The Authority plays a crucial role in promoting technical skills, providing job-oriented training, and creating opportunities for employment and entrepreneurship in various sectors. Moreover, Section 19 mandates the Authority to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Authority the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Authority’s performance to the government and other relevant stakeholders.

Punjab Skills Development Authority Act, 2019

The Punjab Skills Development Authority Act, 2019 aims to establish a regulatory body to oversee and promote skills development in Punjab. The purpose of the Act is to enhance the quality and relevance of skills training programs, foster collaboration between industry and training providers, and create a skilled workforce that meets the demands of the job markets. The Act focuses on creating a conducive environment for skills development, promoting entrepreneurship, and providing opportunities for employment and economic growth.

Section 3 directs the provincial government to establish the Punjab Skills Development Authority (PSDA). Section 5 empowers PSDA to enhance the quality and relevance of skills training programs, foster collaboration between industry and training providers, and create a skilled workforce that meets the demands of the job market. The Authority is responsible for developing and implementing policies, standards, and guidelines for skills development, accrediting training providers, and ensuring the quality and effectiveness of skills training programs. Section 18 mandates the Authority to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Authority the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Authority’s performance to the government and other relevant stakeholders.

Sindh

Sindh Right of Children to Free and Compulsory Education Act, 2013

The Sindh Right of Children to Free and Compulsory Education Act, 2013 ensures that children between the ages of 5-16 have the right to receive free and compulsory education in Sindh. The Act seeks to ensure that children have access to quality education without any discrimination or barriers in the Province.

Section 2(c) defines a ‘disadvantaged child’ as a child belonging to a socially and economically disadvantaged group. The Act aims to ensure equal educational opportunities for all children and addresses barriers that hinder the access and participation of disadvantaged children in education. Section 3 entitles every child between the ages of 5-16 to receive free and compulsory education, non-formal education, or/and vocational education without any discrimination based on gender, caste, or religion. Section 4 focuses on enrolling children in their age-appropriate class, ensuring that they receive education suitable for their developmental stage. Section 6 mandates the Provincial Government or local authority to provide free education to every child, ensure compulsory admission, attendance, and completion of education, provide safe commuting facilities for the child, monitor functioning of schools, and provide infrastructure, trained staff, and age-appropriate curriculum. Section 9 entails that the appropriate government shall make arrangements for providing free pre-school education for children aged 3 until they join school, to ensure that children receive a strong foundation before entering formal schooling by focusing on early childhood development.

Sindh Prohibition of Corporal Punishment, 2016

The Sindh Prohibition of Corporal Punishment Act, 2016 is a legislation that aims to prevent the use of physical punishment in educational institutions and other settings within Sindh. The purpose of the Act is to ensure the safety and well-being of children and create a positive learning environment for them in the province. The Act also makes it mandatory for all schools and educational institutions to develop and implement alternative forms of discipline that are positive, non-violent, and child-centered. Section 2(1)(c) defines ‘corporal’ or ‘physical’ punishment as any physical harm inflicted upon a child. This includes actions such as hitting, slapping, striking, or any other physical acts that may cause pain, lesions, or bodily harm as well as mental abuse or any other kind of punishment. The Act outlines what constitutes corporal punishment in order to prevent its use and protect the well-being of children. Section 3 prohibits any form of corporal punishment in any public or private setting, including workplace, schools, religious institutions, child care, foster-care, rehabilitation centers, juvenile detention centers, and any other alternative care settings. Section 3(3) permits discretion in disciplinary measures only when the act complies with a child’s right to dignity and bodily autonomy, and does not prove to be detrimental to the child’s physical and mental development. Section 4 prescribes punishments according to those specified within the Pakistan Penal Code (PPC), 1860 for their respective offenses, such as ‘Assault’ in Section 351, ‘Hurt’ in Section 332, ‘Criminal Force’ in Section 350, and more. The Act aligns with international standards and commitments to protect children from violence and promote their overall development.

Sindh Empowerment to Persons with Disabilities Act, 2018

The Sindh Empowerment of Persons with Disabilities Act, 2018 aims to promote the rights and inclusion of persons with disabilities in Sindh. The purpose of the Act is to ensure equal opportunities, non-discrimination, and full-participation of persons with disabilities in all aspects of life. The Act provides a framework for the protection of their rights, access to education, healthcare, employment, and other services.

Moreover, Section 27 outlines the functions of the Provincial Advisory Council for Empowerment of Persons with Disabilities. The Council is established to provide guidance and recommendations to the government on matters related to the empowerment of persons with disabilities. The functions of the council include advising the government on the formulation of policies, strategies, and programs for the empowerment of persons with disabilities, promoting awareness and understanding of disability issues in society, conducting research and studies on disability-related matters to inform policy development, monitoring the implementation of the Act and recommending measures for its effective implementation. Furthermore, Section 33 establishes Special Courts for Persons with Disabilities to handle cases related to violations of the rights of persons with disabilities, ensuring that their rights are protected.

Sindh Technical Education and Vocational Training Authority Act, 2019

The Sindh Technical Education and Vocational Training Authority Act, 2019 establishes a regulatory body that focuses on technical education and vocational training in Sindh. The Act aims to enhance the quality of technical education and vocational training, promote skill development, and bridge the gap between industry requirements and the skills of the workforce.

Section 3 directs the provincial government to establish the Sindh Technical Education and Vocational Training Authority (STEVTA). Section 4 empowers STEVTA to regulate, monitor, and coordinate technical education and vocational training institutions. The Authority plays a crucial role in promoting technical skills, providing job-oriented training, and creating opportunities for employment and entrepreneurship in various sectors. Section 5 establishes a Board as the governing body of STEVTA. Section 7 outlines the functions of the Board which includes formulating policies and guidelines, ensuring proper utilization of funds, developing and approving the curricula for various technical courses and programs, establishing mechanism for the assessment, certification, and recognition of skills acquired through technical education and vocational training, as well as monitoring and evaluating the performance of institutions and programs under STEVTA’s jurisdiction. Moreover, Section 17 mandates the Authority to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Authority the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Authority’s performance to the government and other relevant stakeholders.

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