As we celebrate Education Day globally on January 24, it is an opportune moment to evaluate and analyse the best practices implemented locally to educate populations and strengthen the development process.
The international community has recognized that education is essential for the success of all 17 sustainable development goals (SDG). The Goal 4 of SDG aims to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all by 2030. In addition to this, the United Nations (UN) has embodied the provisions of right to education under its conventions as well. Article 26 of Universal Declaration of Human Rights (UDHR) provisions for right to education and it obliges the states to ensure elementary education free of cost.
The International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966, too, places an obligation on the states to ensure the right to education to all. Article 13 envisions that primary education shall be compulsory and available free to all. The Convention on Rights of Children (CRC), 1989 under Article 28 (1) (a) obliges the signatory states to make primary education compulsory and available free to all.
Despite these international obligations, a considerable section of our children are out of school. The United Nations report shows that 244 million children and adolescents around the globe are out of schools. In Nepal, about 86 percent of children who enrol in grade one reach grade five and only 74.6 percent survive to grade 8,” says the report of School Sector Development Program 2016/17-2022/23. This data paints a gloomy picture, highlighting a higher school drop-out rate that ultimately undermines the spirit of our national laws and policies.
Legally speaking, free and compulsory basic education of children in the age group of four to 13 is a fundamental right under Article 31 of the Constitution of Nepal. The government has adopted the Right to Free and Compulsory Education Act, 2018 to implement the mandates of Article 31.
The Act, 2018 is an instrument of guarantee in a sense that the onus to ensure free and compulsory education lies on the state.
Free and compulsory education
The 2018 Act casts an obligation on the state to ensure necessary arrangements for early child development; free and compulsory basic level (class one to eight) education (to every child of four to thirteen years of age); free secondary level (class nine to 12) education; and higher education.
To put it simply, every child in the age group of 4-13 has the right to ‘free and compulsory education in a neighbourhood school, till the completion of basic education—that is up to grade eight. Also, every child has the right to ‘free’ education in a neighbourhood school, till the completion of secondary education (grade 12).
However, not all secondary schools have introduced grades 11 and 12 yet. In this situation, how can we ensure that our children would have the opportunity to complete their higher secondary education from neighbourhood schools?
Our law says the government should provide schools within two kilometres walking distance from children’s residences. These schools are termed as ‘neighbourhood schools’ as per the mandate of Section 7 of the 2018 Act.
The 2018 Act puts the students from economically poor or underprivileged groups at par with the relatively privileged children. This mix up would certainly set a milestone to build an inclusive, equal and just society. But the real situation is otherwise. The privileged section of society prefers to enrol their students in private boarding schools. Even the government school teachers enrol their wards in private schools. There is a common belief that the government schools don’t have quality education these days. Then, how can we enforce our laws?
The local bodies have to play a constructive role in ensuring the admission of children. As per the 2018 Act, the local bodies have to hold dialogues with the reluctant parents who are not willing to enrol their issues in schools and convince them to ensure the access of education to their children.
All the three-tier governments are obliged to play a creative role in ensuring special education to disabled children or the issues of the martyrs. As per law, the central government would arrange funds for providing textbooks to students.
The Act provides for the development of curriculum in consonance with the tradition, culture and norms embodied under the Constitution. Also, the students have the right to receive education in their mother tongue. In this regard, the government has developed and published text books in 24 mother tongues that include: Maithili, Bhojpuri, Awadhi, Tamang and Limbu. The Act provisions that the persons who have not received basic education would not be eligible for any government or non-government jobs after the enactment of this Act (after BS 2085, Baisakh 1).
Mandates for private schools
The legislation says that the private boarding schools ought to be service oriented. The private schools up to grade twelve should provide scholarships to a certain percentage of students. For example, 10 percent students should be given scholarships where the number of students is up to 500; 12 percent scholarship where the number of students lies between above 500 and up to 800 and minimum 15 per cent students should be given scholarships where the number of students is above 800.
This provision in one way or another will enhance the competitive environment in schools and promote philanthropy, corporate social responsibility, of the private institutions. However, are our private education providers truly service-oriented? Unfortunately, the answer is no.
Still, the Act does not incorporate any provision relating to capping of fees or reasonable fees to be charged by the private schools. This leaves the private schools scot-free to charge or hike the fees at their pleasure. The Act does not suggest the schools prepare ‘school development plans’ and seek the budgets accordingly from the government. The allocation of budget is entirely up to the discretion of the centre. The basis of allocation of budget remains a grey area. The Act is also silent about maintaining teacher-pupil ratio in schools.
Moreover, the Act does not prohibit a government school teacher to engage himself/herself in private teaching activities. In India, the Right to Free Education Act (2009) (under Section 27) disallows the government school teachers to engage in private tuition or teaching activities.
It’s high time to acknowledge the words of Nelson Mandela who rightly said, “Education is the most powerful weapon which you can use to change the world.” We can bring a change in the country if we succeed in enforcing our education laws in a true and material sense.
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