Is Your Child’s Right to Education Really Protected?
Every parent wants the best education for their child. But how many of us know what the Constitution promises, what schools are legally required to do, and what responsibilities we, as parents, also have?

The following questions answer some of the most important issues every parent should know about their child's educational rights and responsibilities.

Legal Note for Readers
Unless otherwise stated, the questions and answers in this article are based primarily on the Constitution of the Islamic Republic of Pakistan (Article 25-A), the Sindh Right of Children to Free and Compulsory Education Act, 2013, the Sindh Private Educational Institution (Regulation and Control) Ordinance, and other applicable laws, rules, government notifications and judicial decisions relating to education in Sindh.

Q1. Did you know that your child's education is a constitutional right?
Yes. Article 25-A of the Constitution guarantees free and compulsory education for every child between the ages of 5 and 16 years. This constitutional right was inserted in 2010, through the 18th Constitutional Amendment, and implemented through provincial Right to Education laws.

Q2. Does every province have to provide free and compulsory education?
Yes. After the 18th Constitutional Amendment, education became a provincial responsibility at large. As a result, each province enacted its own Right to Education law to implement Article 25-A, according to its administrative system. Although the laws differ in wording and procedures, they all share the same objective – to ensure that every child between the ages of 5 and 16 years has access to free and compulsory education within the school education system.

Q3. Does the law work the same way in every province?
Not exactly. While the Constitution guarantees every child's right to free and compulsory education across Pakistan, the responsibility for implementing this right rests with the provinces. Following the 18th Constitutional Amendment, each province enacted its own Right to Education law to translate this constitutional guarantee into practice.

Q4. What exactly does "free education" mean?
Under the law, "free education" means that parents should not have to pay any education-related costs that prevent their child from attending school.

For children studying in government schools, free education includes:
• Admission fee
• Tuition fee
• Textbooks
• Stationery
• School bag
• School uniform

Q5. Is my child too old to start school?
No child between the ages of 5 and 16 years can be denied admission simply because he or she has never attended school or is older than the usual age for a particular class.

If a child has never been enrolled or has dropped out of school, the education authorities must ensure that the child is admitted to an appropriate age class. Where necessary, the child should receive special training or additional academic support to help bridge the learning gap and successfully join regular schooling.

Q6. What are the Government's responsibilities under the Sindh Right to Education Act?
The Government has more than a policy commitment – it has a legal responsibility to ensure that every child between the ages of 5 and 16 years can enjoy the right to free and compulsory education. The Government and Local Authorities are responsible for creating an education system where no eligible child is left behind.

As a parent, you should expect the Government and Local Authority to:
• Establish and maintain sufficient government schools.
• Ensure that every child has access to a neighborhood school.
• Identify and enroll children who are out of school.
• Provide adequate classrooms, qualified teachers, and essential learning facilities.
• Promote equal educational opportunities without discrimination.
• Monitor schools to ensure that the law is properly implemented.

Q7. What responsibilities do private schools have under the Sindh Right to Education Act?
Private schools also have a legal responsibility to support every child's right to education. Under the law, privately owned or managed schools are required to contribute towards achieving free and compulsory education.

One of the key responsibilities is to reserve at least 10% of their student strength for children from disadvantaged or vulnerable backgrounds, who are entitled to receive free education in accordance with the Act and the applicable Rules.

Q8. Can a school ask for a donation or capitation fee for admission?
No. A school cannot collect a capitation fee on account of Development Funds, Donations, Seat Reservation Fee or likewise from parents or guardians as a condition for admitting a child. Schools are required to follow the law and may charge only those fees that are legally permitted.

Q9. Can a school refuse admission or expel a child from school?
The law protects every child's right to continue education. Under the law, schools must follow the legal provisions relating to the admission and expulsion of children. A child cannot be denied admission or removed from school arbitrarily or for reasons that are inconsistent with the law.

Schools are expected to ensure that every eligible child has an opportunity to enroll, continue learning, and complete school education in a safe and supportive environment.

Q10. Can a private school increase its annual fee without following the law?
No. With reference to Rule 7, Sindh Private Educational Institutions (Regulation & Control) Rules, 2005, Hon'ble Supreme Court of Pakistan, Order dated 13 December 2018 relating to regulation of private school fees and Relevant directions issued by the Directorate of Inspection & Registration of Private Institutions, Government of Sindh.

Private schools cannot increase tuition fees arbitrarily. Any increase in school fees must comply with the applicable laws, government notifications and the directions issued by the competent courts. The purpose of these legal safeguards is to strike a balance between the financial sustainability of private schools and the affordability of education for parents.

Q11. Can a private school ask parents to pay fees in advance or collect summer vacation fees in advance?
No. Under the Directorate of Inspection & Registration of Private Institutions, Government of Sindh, Notification dated 11 January 2019, directed schools to issue monthly fee challans instead of quarterly/bi-monthly challans and to collect summer vacation fees month-wise during the vacation period.

Q12. Do parents have the right to play an active role in school management and decision-making?
Yes. Parents are key stakeholders in their children's education. The law recognizes the importance of community participation by providing for School Management Committees (SMCs). Through these committees, parents have an opportunity to contribute to improving the quality of education, promoting transparency, and supporting the overall development of the school.

Q13. What can parents do if they believe their child's educational rights have been violated?
Every child has the right to receive education in accordance with the law. If a parent believes that a school has unfairly denied admission, imposed unlawful fees, discriminated against a child, or otherwise violated the child's educational rights, they should first seek clarification from the school. If the matter remains unresolved, parents have the right to approach the relevant education authorities for assistance and redress.

"Who Should I Contact?"

If your complaint is about...

Q14. Do parents also have responsibilities in ensuring their child's education?
Yes. While the Constitution and the law recognize every child's right to free and compulsory education, parents and guardians also play a vital role in helping their children benefit from that right. A child's education is most successful when schools and families work together.

Parents are the child's first teachers. Their involvement, encouragement, and support can significantly influence a child's academic success, confidence, and overall development.

"Laws written in books cannot protect a child unless they are understood by parents, respected by schools, and faithfully implemented by the State. An informed parent is a child's first and strongest defender."

Disclaimer: This article is intended to provide general legal awareness for parents. It does not constitute legal advice. While every effort has been made to ensure accuracy, readers should refer to the applicable laws, rules, government notifications, and judicial decisions, or seek professional advice where necessary.

"Who Should I Contact?"

If your complaint is about...
Admission or school issues
School governance
Government school
Private school fees, registration, or regulatory matters
Policy or unresolved administrative issues
Legal rights after exhausting administrative remedies

Contact
Principal / School Head
School Management Committee
District Education Officer
Directorate of Inspection & Registration of Private Institutions
School Education & Literacy Department
Appropriate legal forum