KATHMANDU, Sept 20: Had the Education Act and its regulations been enacted based on the provisions in the Constitution, the education sector could have made significant progress. However, even after nearly ten years since the Constitution was promulgated, the failure to enact the Education Act has further pushed the sector into crisis, according to education experts.
Although structural changes in education in line with federalism were partially implemented, they have not been fully realized.
As stipulated in the Constitution, every citizen has the right to access basic education. The Constitution clearly provides that every citizen has the right to compulsory and free education up to the basic level and free education up to the secondary level. Citizens with disabilities and economically disadvantaged citizens also have the right to free higher education under the law, as clearly explained in the Constitution of Nepal 2015.
Similarly, visually impaired citizens are entitled to education in Braille, while deaf citizens or those with speech or hearing impairments have the right to receive free education through sign language under the law, ensuring their access to education.
The Constitution also guarantees every Nepali community residing in the country the right to education in their mother tongue and the right to establish and operate schools and educational institutions accordingly. Schedule 5 assigns the federal government authority over central universities, central-level academies, university standards and regulations, and central libraries.
Schedule 6 assigns provinces authority over provincial universities, higher education, libraries, and museums. Schedule 7 provides for shared authority between the federal and provincial governments for scientific research, science and technology, and human resources. Schedule 8 assigns local bodies authority over basic and secondary education, while Schedule 9 places education, sports, and newspapers under shared authority of the federal government, provinces, and local bodies.
Kids studying in 'classroom' made of tin sheets
Since Schedule 8 gives local bodies the right to manage education from basic to secondary levels, 753 local bodies have sought to fully manage school education under their authority. However, the central government has not yet fully relinquished control, citing municipalities’ lack of readiness to manage education entirely.
Tula Thapa, general secretary of the Nepal Teachers’ Association, analyzed that the failure to enact the Education Act over the past ten years, coupled with municipalities independently issuing the Local Government Operation Act 2075 BS and attempting to manage education accordingly, has created conditions for conflict of interest in the sector.
“The lack of the Education Act, coupled with the issuance of the Local Government Operation Act and municipalities’ attempts to manage education as they see fit, has created conflict,” Thapa told Republica, “Currently, municipalities are taking retaliatory actions against teachers in matters of appointment, transfer, promotion, and disciplinary actions.”
Thapa added that although the Nepal Teachers’ Association tried to push for the enactment of the Act, the changing national circumstances have made the outcome uncertain. “Since the Constitution was promulgated, there has been little attention to making substantial policy changes in education. Now, we are back to starting from zero.”
According to educationist Bidya Nath Koirala, Nepal’s constitutional development has seen frequent amendments. The 2004 BS Constitution (1947 AD) recognized education as a fundamental right, but it was not implemented. The 2007 BS Constitution (1950 AD) made some attempts to address education. The 2015 BS (1958 AD) and 2019 BS (1962 AD) constitutions remained largely silent on education. The 2047 BS (1990 AD) and 2063 BS (2006 AD) constitutions comparatively emphasized education as a fundamental right, while the current 2072 BS constitution (2015 AD) mentions it with even greater importance, Koirala said.
Education Policy 2019 increased municipal ownership
After the Constitution was promulgated, the government issued and implemented Education Policy 2019, which increased the ownership of education at 753 local bodies.
“For the implementation of fundamental rights in education, the ‘Compulsory and Free Education Act, 2018’ was enacted. Municipalities have been compelled to attempt making school education free,” Koirala told Republica, “While there has been some success in making basic education compulsory, providing completely free education is still a challenge.”
Operating through Education Regulations 2021 and Procedures 2023
While the government was attempting to enact a federal Education Act, circumstances changed. Currently, the situation is complex, but education continues to operate under the 2015 Constitution, using the 2021 regulations and 2023 procedures, Koirala said.
“Former Education Minister Ashok Rai introduced the Education Bill 2023 in Parliament to advance education according to federalism,” Koirala said, “However, the Act was not passed. Now, the state must prioritize education and enact the Education Act to build the country.”
Uniformity challenges in class 8 exams
DK Dhungana, outgoing president of PABSON, the umbrella organization of private schools, said that with federalism and the shift of school management to municipalities, the Class 8 exams face new uniformity challenges. “Municipalities’ responsibility for school management has increased local ownership. They have observed closely,” Dhungana said, “This has added challenges in managing and standardizing the Class 8 examinations.”
Universities opened, management challenges remain
Former Vice Chancellor of Tribhuvan University, Prof Dr Keshar Jung Baral, noted that after the constitution envisioned central and provincial universities, universities were rapidly opened by both federal and provincial governments without prior study, research, or assessment of needs, creating challenges in management of higher education.
Baral clarified that the government focused on establishing multiple universities in a race, leaving little attention for curriculum improvement. “There are 12 central universities. In addition, two have been established but are not operational: Nepal University and Bidushi Yogmaya Ayurvedic University. Tilganga, and Dashrath Chand Medical University are under discussion,” he said, “Following the constitutional provision to establish one university in each of the seven provinces, Madhesh has two and other provinces one each.”
He added, “There has been little attention to educational and curriculum reform. The race to open universities continues. Instead of reducing Tribhuvan University’s burden, it has not fallen below 80 percent. Why do we have 24 universities for only 20 percent of students? This now requires thorough study.”
