Constitutional Responsibility of the Government of Bangladesh for Implementing Compulsory Primary Education: Issues and Challenges

Abstract

Education and its dissemination are said to have links with inequality, development and poverty alleviation. All the countries of the world have consistently supported the notion that every child in every country should be given the opportunity to complete at least primary education aiming to achieve basic skills which are necessary for better living. The 1990 World Conference on Education for All set this goal to be achieved by 2000 and the World Education Forum in Dakar in 2000 reaffirmed the commitment. Millennium Development Goals (MDGs) again declared universal primary education as a major goal to be achieved. The Sustainable Development Goals (SDGs), the new global agenda, have correctly recognized the critical role of education due to the interlinkages between education and transformative change, driving progress towards sustainable development. Primary education can be considered the most important part of the whole gamut of education as it constructs the foundation of the basic skills of the children; builds founding blocs of their values, and morality; and reduces intra and inter-generational discriminations. Free, compulsory, and universal primary education is the very first step to build a just, egalitarian, and humanity based society. Given this reality, primary education has been recognized as fundamental human right by the international organizations as well as international human rights laws. The overall objective of this thesis is to examine the constitutional responsibility of the Government of Bangladesh for implementing compulsory primary education as well as to identify the issues and challenges related to its implementation. Specific objectives of this study are: (a) to explore the core spirit of the Bangladesh Constitution relating to primary education; (b) to determine the nature of the constitutional responsibility of the Government of Bangladesh as to primary education; (c) to examine the legal framework and measures taken by the Government of Bangladesh for implementing primary education; and (d) to identify the major issues and challenges relating to implementation of primary education in Bangladesh. This study has used a basic qualitative research approach as its methodology to determine the nature of the constitutional obligation of the Bangladesh Government as to primary education. In order to attain the objectives, the study has used two research techniques: (i) review of related documents; and (ii) in-depth interviews of selected legal experts, educationists and policy administrators. For attaining the major and specific objectives of the study, this thesis has been divided into seven chapters. Chapter one contains background information, and has stated objectives, significance and value of the study, and its limitations. Chapter two comprises literature review, and chapter three deals with the methodology of the study. Chapter four has analyzed the nature of constitutional responsibility of the Government of Bangladesh as to implementing free and compulsory primary education. Chapter five has discussed and evaluated the laws enacted, the policies adopted and the measures taken by the successive governments to ensure basic education. Chapter six has analyzed and interpreted the data. Chapter seven has stated the findings and discussions, underlined the issues and challenges, and finally put forward conclusions where the researcher has put forward a number of recommendations for the current and future policy makers. The important task of this study has been to determine the constitutional responsibility of the Bangladesh Government to implement compulsory primary education according to the core spirit and nature of the Constitution. The study has found that though international organizations and international human rights laws have recognized education as a fundamental human right, the Constitution of Bangladesh is yet to recognize education as a fundamental right. It is an astounding fact that Bangladesh’s supreme law of the land has not mentioned ‘primary education’ as a fundamental right, let alone providing a separate and detailed provision as to free and compulsory primary education in terms of its objectives, structure, and essence. This study has found that the nature of constitutional responsibility of the Bangladesh Government is declaratory, not mandatory, as under the Bangladesh Constitution, education is a basic necessity and policy instrument. But the legal experts are in full agreement that the successive governments cannot evade their responsibility relating to free and compulsory primary education by saying that this is not judicially enforceable and the constitutional articles do not impose any mandatory obligation on the state functionaries. The apex court of Bangladesh also expressed the same view as to the constitutional responsibility of the Bangladesh Government, but put utmost importance on education saying that the state functionaries have unavoidable responsibility to ensure education for all gradually and progressively. At the onset, this researcher fully agrees with the value of the constitutional articles relating to education, as they have said about establishing a uniform, mass-oriented, and universal system of education and extending free and compulsory education to all children; removing illiteracy and relating education to the needs of society. Nevertheless, it is a hard fact that primary education is not a fundamental human right under the Bangladesh Constitution. Even Bangladesh lags behind other South Asian countries, namely India, Sri Lanka, Pakistan, and Nepal, as those countries have progressed further in implementing the constitutional responsibilities laid down upon their governments regarding the right to primary education. Given the fact that it was a war devastated country and Bangladesh had scanty resources, the recognition of education as a basic necessity and policy instrument together with the progressive government responsibility to ensure free and compulsory primary education for all children under the original Bangladesh Constitution may be considered satisfactory. But the failure of the consecutive governments to provide a separate and detailed constitutional provision as to free and compulsory primary education by an amendment cannot be overlooked. As to legislative measures, the immediate government after the independence of Bangladesh had nationalized the primary schools by the Primary Education (Taking Over) Act, 1974. The Primary Education (Compulsory) Act was promulgated in 1990 to fulfill Bangladesh Government’s obligation to ensure universal primary education. A National Education Policy was adopted in 2010 and an education bill is now waiting to be a full-fledged law to further promote the cause of education. The successive governments have spectacular successes in distributing free text books among the primary school students at the beginning of the year, increasing enrollment rate particularly the enrollment of the girl students, recruiting good teachers, and developing infrastructure. Nevertheless, current and future state functionaries need to take effective measures to ensure qualitative, effective and inclusive primary education in Bangladesh. Particularly, the legal experts, educationists, and the policy administrators are in consensus that the successive governments have miserably failed to establish a uniform, mass-oriented and universal system of primary education in Bangladesh, a constitutional obligation of the state functionaries under the Article 17 of the Bangladesh Constitution. Based on analyses, findings and detailed discussions, the study has identified nine major issues relating to free and compulsory primary education in Bangladesh. The study has clearly underlined the challenges relating to ensuring free, compulsory and quality primary education in the light of the identified issues. As to recommendations for ensuring uniform, mass oriented and universal system of primary education in Bangladesh, it seems fairly likely that the state functionaries should immediately put emphasis on ensuring quality of primary education; successful completions of primary education; recruiting more qualified teachers and making them children-friendly by proper training; taking measures for further development of infrastructure and logistics; and bringing all marginalized segments of children under an umbrella by an inclusive policy. Regarding the long term imperatives and policy decisions, this researcher considers that policy makers should deeply think of including a separate and detailed constitutional provision as to free and compulsory primary education by a constitutional amendment. What this researcher thinks appropriate and with which all the legal experts, educationists, and policy administrators are in agreement is that the current and future governments must establish a uniform, mass-oriented and universal system of education gradually within a reasonable time. Though this qualitative study has reflected outlooks, views and the perspectives of limited participants, but it has provided knowledge-based expert perceptions, experience-based observations, insights, and recommendations for establishing a uniform, mass-oriented and universal system of primary education for all. People who are interested in the development of primary education will get a detailed and fairly credible picture regarding the issues and challenges relating to primary education. This research will help the educationists, legal experts, policy administrators and civil society members for taking positive steps for development of primary education in Bangladesh. This study can be used by the future education and legal related researchers for critically analyzing the education system of any country in the light of the constitutional provisions, and education related laws and policies. They can analyze and determine to what extent the state functionaries of any country have been successful to achieve the objectives stated in their Constitution, laws and policies. Here lies the value and originality of this study.