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CONSTITUTIONAL RIGHT
The reality of the right to education in Bangladesh
As Bangladesh considers a constitutional reform after the July revolution, it may be the right time to evaluate the inclusion of education as a fundamental right. Given the nation’s socio-political development since independence, it is an opportune moment for the state to rethink the position of education within the country’s legal framework.
NOWSHIN MUSTAFA
Recognising education as a human right is crucial for both individual and societal development. The right to education is a universally recognised right, enshrined in various international human rights documents, including Universal Declaration of Human Rights (UDHR), International Covenant on Economics, Social and Cultural Rights (ICESCR) and Convention on the Rights of the Child (CRC). These frameworks mandate the compulsory nature of education and set a global standard for ensuring equal access to education for all. They emphasise education not only as a fundamental human right but also a pathway to equality and empowerment. However, in Bangladesh, the vision remains more as an aspiration than a reality. Although the state has woven threads in expanding educational access, a question persists: ‘Is education truly a right or merely a privilege?’
‘Education’ is mentioned in Article 17 of our Constitution which directs the State to establish a uniform, mass-oriented education system that is universal and free for all children. However, it has been classified as one of the Fundamental Principles of State Policy, meaning it acts more like a guiding principle than a right to be legally enforceable through the judiciary. Since these principles are not enforceable in a court of law, per Article 8(2), this right lacks the same legal weight as a judicially enforceable fundamental right mentioned in the Constitution. This creates hardships for the citizens to hold the government accountable for depriving them of this right and its lapses in fulfilling its relevant commitments. In contrast, education is constitutionally recognised as a Fundamental Right in many countries, including our neighboring ones such as India and Nepal. India, for instance, recognised education as a fundamental right by incorporating Article 21A through a constitutional amendment in 2002. A measure of this magnitude has led to the enactment of the Right of Children to Free and Compulsory Education Act, 2009, placing a binding obligation on the government to ensure free and compulsory education for all children aged between 6 to 14. Similarly, Nepal’s Constitution explicitly recognised education as a fundamental right in 2015 and guaranteed free and compulsory education up to the secondary level. Despite taking notable progressive steps including stipend programs and school feeding programs, Bangladesh has yet to undertake such specific constitutional approach or legislative measures.
Primary education has been made free and compulsory through the Primary Education (Compulsory) Act, 1990, but this only scratches the surface of the problem. According to a report by Bangladesh Bureau of Statistic, the number of students’ dropout rate rose by more than threefold from 2019 to 2023. The underlying reasons for such increase includes, financial burden faced by many families, particularly in the rural areas. These families struggle to afford the hidden costs of “free” education.
Furthermore, merely providing access to education without ensuring quality is insufficient. Indeed, the government initiated the adoption of the National Education Policy 2010 to establish a standardised educational system across the country. Drawing on Sustainable Development Goal 4, the policy aimed at creating a uniform and inclusive system that addresses the educational needs of all across different socio-economic groups. Despite all these efforts, the implementation of the policy remains in challenges. These limitations are evident in the inconsistent policy enforcement due to the accountability deficit. Neither the law nor the policy outlines a clear accountability measure, resulting in required impact. At the core of these issues, lie the absence of constitutional protection for the right to quality education.
As Bangladesh considers a constitutional reform after the July revolution, it may be the right time to evaluate the inclusion of education as a fundamental right. Given the nation’s socio-political development since independence, it is an opportune moment for the state to rethink the position of education within the country’s legal framework.
The writer is an Apprentice Lawyer at Dhaka Judge Court.