' SHAUKAT ALI MEMON, J.---By short order dated 12-11-2013 this Court has allowed this petition in the following terms:- "For the reasons to be recorded later, we allow this petition by directing the provincial government to introduce fundamental rights/human rights as compulsory subject in the higher Secondary Education from the academic year 2015 and onwards."
' The reasons for the above order are now recorded hereafter. The petitioner, in this petition preferred under Article 199 of the Constitution seeks introduction of Chapter I of the Constitution of Pakistan relating to fundamental rights in the school subjects/curriculum. The petitioner is an advocate by profession and desirous of introducing awareness of fundamental/human rights, thus has filed this petition as pro bono publico with prayer as under:--
(I) Direct the respondent No.2 to include/introduce Chapter I of the Constitution of Pakistan, 1973 pertaining to fundamental rights in the school syllabus/curriculum;
(II) Direct the respondent No.1 to issue Order/Notification requiring inclusion/introduction of Chapter I of the Constitution of Pakistan in the school syllabus/curriculum of other provinces of Pakistan;.
(III) Grant any further or better relief that this Hon'ble Court may deem just and proper in the facts and circumstances of the case.
2. On 5-12-2012, after hearing all the stake holders, this Court observed, that after 18th Amendment, devolving subject of education upon provincial government, the respondent No.1 was not a necessary party, therefore comments were only called from respondent No.2.
3. The concern of the petitioner is that for purpose of introducing the subject of fundamental rights into the curriculum for the higher secondary students after 18th Amendment of the constitution is now the responsibility of respondent No.2. In support, instances of countries, like Nepal, UK, USA, France, Republic of Ireland, Spain, Finland, Norway, Philippine, Sri Lanka and Sudan, are quoted.
4. In its comments, the respondent No. 2 has virtually accepted the version of the petitioner and has stated that concept of fundamental rights guaranteed by Chapter I Part II of Islamic Republic of Pakistan have already been included in school syllabus of 2006 for grade I to XII in various subjects especially general knowledge, social studies, Pakistan Studies, Islamiat, Languages Civics and Ethics. According to respondent. No.2, the text books based on 2006 curriculum are under print with Sindh Text Book Board Jamshoro and would be printed in phases to be completed in 2015- 2016.
5. Learned counsel for the petitioner argued that right to education is a fundamental right as it ultimately affects the quality of life and that the court can issue directions for introducing fundamental rights/human rights as compulsory subjects for primary to higher secondary level in all educational institutions. In support, cases of Rana Aamer Raza Ashfaq (2012 SCMR 6) and Dr. Zahoor Ahmed Azar (PLD 2013 Federal Shariat Court 1) were cited.
6. Conversely, learned A.A.-G. Did not dispute the introduction of fundamental rights as a compulsory subject, however requested for its implementation from academic year 2015-2016.
7. No one can deny the importance of enforcement of fundamental rights/human rights in our education system when these are part of majority of the constitution of countries, the instances whereof are aptly cited by the petitioner.. Even otherwise, in this sub- continent, for purpose of awareness, it is imminent that general masses may be educated about their collective and individual rights, and by inculcating knowledge in this field, the real object of education can effectively be achieved. It is noted that a separate statutory subject of Citizenship is being taught in the UK to students between ages of 11 to 16, and many other parts of the world at primary level, including countries like Sudan and Sri-Lanka, despite local disturbances there.
8. As to the enforcement of subjects taught in the curriculum, the counsel for the petitioner has relied upon Article 25-A added in part II of Chapter I of the Constitution, whereby, free and compulsory education is intended hi such a manner, as may be determined by law. At this juncture, we may observe that although Article 25-A has been introduced and enforced from 19-4- 2010, no positive steps are taken for effective teaching of the subject of fundamental and human rights by including it as part of the syllabus / curriculum in primary and secondary school level. This subject has already been dealt with by the apex Court in the case of FIAQAT HUSSAIN (PLD 2012 SC 224), where in it is observed at page 242 as under:- ' In terms of Article 37(a) of the Constitution, the State shall form such policies on basis of which it shall promote with special care, the educational and economic interest of backward classes or area. We are conscious of our jurisdiction regarding principles of policies of the state but at the same time we are not oblivious of our duties to enforce fundamental rights with regard to free education to children as now has been guaranteed under Article 25-A of the Constitution.
9 The Hon'ble Supreme Court in another recent judgment regarding miserable condition of schools, reported in 2014 SCMR 396, has reaffirmed the views expressed in the above mentioned Fiaqat Hussain's case (PLD 2012 SC 224) and has yet again emphasized on the importance of education under Article 25-A read with Article 37 of the Constitution of Pakistan, 1973.
10. We may further add that the constitutional provisions are to be read harmoniously with each other and therefore, if Article 25-A is read with Article 37 of the Constitution of Pakistan, 1973 and more particularly, sub-clauses (a), (b), & (f), and also Article 38 for promotion of social and economic well being of the people, it becomes clear that the contents of curriculum have to be such that they raise the B younger generation of this country with awareness of their fundamental rights. If the future generation is grown with knowledge of its fundamental rights, it shall help remove illiteracy, raise awareness and improve the basic quality of life, such as food, clothing, housing, education and medical facilities, irrespective of sex, caste, creed or race as to live with dignity.
11. We are fortified by the view expressed in, the-case of Aamer Raza Ashfaq v. Minhaj Ahmad Khan (2012 SCMR 6) wherein it has been held as under:-
33. Right to education is a fundamental right as it ultimately affects the quality of life which has nexus with other Fundamental Rights guaranteed by the Constitution under Articles 4 and 9 of the Constitution of Islamic Republic of Pakistan. Awareness of rights and duties, growth of civic consciousness in a society, enjoyment of Fundamental Rights guaranteed under the Constitution and legal empowerment of people depend to a great extent on the quality of education. People cannot be free in the real sense unless they are properly educated. In Ahmed Abdullah v.
Government of the. Punjab (PLD 2003 Lahore 752 at 791), a case decided by a Full Bench of the Lahore High Court and wherein one of us (Tassaduq Hussain Jillani, J.) authored the judgment, it had been held as under:- ' The fundamental right of "right to life" recognized in the entire civilized world and enshrined in Article 9 of our Constitution has been given expanded meaning over the years. With the passage of time the role of the State has become more pervasive. Its actions, policies and laws affect the individuals in a variety of ways and the Courts have accordingly given a more comprehensive and dynamic interpretation of the fundamental rights including the right to life. Right to life is no longer considered as merely a right to physical existence or a right not to be deprived of life without due process of law. It means a sum total of rights which an individual in a State may require to enjoy a dignified existence. In modern age a dignified existence may not be possible without a certain level of education and the State has to play a role in ensuing by positive action that the citizens enjoy this right. In Brown v. Board of Education (1953) 98 Law Ed. 873, the US Supreme. Court acknowledged this right and held as under:- "Today, education is perhaps the most important function of State and Local Governments it is required in the performance of our most basic responsibilities, even service in the Armed Forces, it is the very foundation of good citizenship. Today, it is the principal instrument in awakening, the, child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment'. In these days, it is doubtful and child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
34. Universities are seats of learning and centres of excellence. They not only enable the future generations to equip themselves with degrees/practical tools to earn livelihood, but also enrich them with learning, with wisdom and with visions for practical lives.
12. Moreover, the Universal Declaration on Bioethics and Human Rights adopted by UNESCO on 19th of October, 2005, to which our country is a signatory, also makes it obligatory upon ratifying states to ensure the dissemination of information as to human rights to its citizens.
13. Therefore, it is the obligation of the State to ensure enforcement of fundamental rights guaranteed under the Constitution and to apprise the citizens, in particular, the students of such rights and the mythology for their enforcement.