The constitution written during the Panchayati system and Democratic system (2047) has hardly guaranteed basic education as the fundamental right of every child living in any part of the country. I think, making comparisons is not relevant as our socio-economic problems differ from theirs and the government is not in a position to provide everything as the educational right stands for, like free text books, meals, uniforms, health care and so on. Instead, we should draw the attention of lawmakers to ensure free education up to the 12th standard. This free education must be ensured and entitled to all children living in Nepal so that not a single child is left behind in receiving this legal benefit.
The new constitution must clearly write ‘the state must ensure free education up to higher secondary level’ and the law must protect education as the fundamental right of every child. Further, no clauses like ‘as provided’, ‘as may be’, ‘as written’ etc. should linked to the statement that weaken the educational rights. Moreover, the government must provide totally free education like in developed countries up to pre-primary education. The ‘educational service tax’ (EST) would have materialised the educational dream of indigent children living in remote, semi-urban and urban sections if it was imposed by previous government.
The writer’s effort to shed some light on the constitution of SAARC countries pertaining to educational right of children is appreciable. It reveals the truth that we have a similar constitution in regard to educational right that, in one way or another, does not preserve and guarantee a child’s education as fundamental right. We are at the stage of constitution writing and hence we must be careful and ensure children’s educational right to the fullest so that we will be able to alleviate illiteracy up to the margin. Also, this right must be preserved and protected by law in new constitution.