Rights of Students

The rights of students are protected by the states all over the world. These rights are of significance in every country and make sure the educational goals are pursued well. In Pakistan, these rights are embedded in the Constitution of Pakistan. Article 25-A states that “The state shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law”.

The 18th Amendment to the Constitution of Pakistan turned the already present laws regarding the “right to education” into ones that could be easily implemented. Hence, the addition of Article 25-A as the RTE or Right to Education article.

It is the responsibility of every student to go through the duties of students as well as the rights. The basic student rights include the right to expression, the right to freedom of speech, the right to inquiry, the right of due respect in the classroom and institution, the right to participate in all areas and activities of the institution without any discrimination and with equality.

Similarly, according to the protection of rights of children or under the laws of the Children Protection Act the students are not subjected to any kind of abuse, neither physically nor mentally. Corporal punishment is the kind of punishment inflicted upon someone to cause pain for one's benefit or under ‘good faith', or just to simply teach them a lesson. In many nation-states the corporal punishment is allowed but in Pakistan, all kind of such punishments are banned and hence, are considered illicit or unlawful. There are penalties for the case of any offence.

Be it a school, a college, a university, or any vocational institute, if the workplace lies under educational institutions criteria these rights are given. Right to get equal opportunities regardless of any form of discrimination based on gender, caste, religion, race, creed, colour, disability etc. There is also a debate over the concept of nationality of students, but it varies from opportunity to opportunity.

The rights of students also include the freedom to choose the field of career or education. Similarly, the freedom to pursue any educational goals in the setup of choice. The right of due privacy is also included along with the right to the confidentiality and secrecy of records or documents. The right of the process of any kind which is legal as per the recognised code of student conduct. The right to appear in exams, the right to not be overburdened etc.

In recent times, there’s been a debate on the hot issue of “student associations”, a concern arises on the legal standing of student bodies. Indeed, every community needs a certain union for the sake of smooth processing of it, alongside the due representation of the community where and whenever required. The Student Associations and Unions are of the same position. Just like any lawful union the concept of them is also legal.

Being a minor student means when you are at school (or at any other educational property), you are the ward of school/state. It’s the school’s responsibility to provide security to the students. The property of school such as desks, lockers etcetera can be searched by state authorities or school's administration without prior notice. Same applies to the students. In case you are an adult student, the warrant or prior notice will be required for you to be searched and for your property's inspection.

The students have the right by all means to make any such unions or join any association they may seem fine according to their choice and need. Article 17 of the Constitution of Pakistan ensures “the freedom of association”. Every student has this right. The exceptions include regarding the functionality of these associations that they must not be a threat to public safety, nationality should be lawful in the activities, must not be a threat to public order, morals or to rights or freedom of anyone. These limitations are also given, vivid and in case of offence, have penalties.

These laws are readily accessible and available to all students of the state of the Islamic Republic of Pakistan. They are implied and are not required to be expressed, written or to be contracted in any way. That means they are given and are not supposed to be highlighted in any kind of document or contract for them to be functional or available.