Policy Paper

Legislation on Right to Education in Pakistan: A Critical Review

PCE's legal review of Pakistan's right-to-education laws comparing federal and provincial statutes and exposing the gaps between what the law promises and what it delivers.

PCE's legal review of Pakistan's right-to-education laws comparing federal and provincial statutes and exposing the gaps between what the law promises and what it delivers.

THEMES

Governance & Accountability

Right To Education

View Report

This policy paper offers a holistic appraisal of the right to education in Pakistan, comparing the provisions of the federal and provincial RTE statutes enacted in Sindh, Punjab, and Balochistan. It analyses the deficiencies and shortcomings of existing legislation against the core requirements of a meaningful right to education, providing a legal foundation for stronger, more enforceable law. Supported by ILM Ideas.

Key highlights/findings

The right to education became a fundamental right under Article 25A through Section 9 of the Constitution (Eighteenth Amendment) Act, 2010, which made it enforceable in the superior courts. Before that it sat under non-binding Principles of Policy (Articles 29 and 38(b)).

By the time of writing, four jurisdictions had passed laws: Islamabad Capital Territory (Right to Free and Compulsory Education Act, 2012), Sindh (2013), Balochistan (Compulsory Education Act, 2014), and Punjab (Free and Compulsory Education Act, 2014). Khyber Pakhtunkhwa had not yet passed one.