Right to Education and Environmental Pollution: Reconciling Article 25-A with the Best-Interests Principle

Abstract

Every year, the heavy and poisonous smog hinders the educational process in Punjab province. In November 2024, almost 16 million students were hindered from continuing their studies, while such steps were also taken in 2025. This research paper seeks to investigate the issue of how to reconcile the constitutional provision regarding free and compulsory education in Pakistan under Article 25-A with the provision of acting in the best interest of the child when the air pollution prevents them from attending schools. In the current study, both doctrinal and socio-legal approaches would be used in interpretation of Article 25-A along with the right to life provided for in Article 9, the right to clean and sustainable environment stated in Article 9A introduced by the 26th Amendment in 2024, and Article 3 of UNCRC. The article argues that school closure may constitute a lawful emergency measure but is an inadequate long-term response. When the state closes schools without addressing the pollution responsible for those closures, it exchanges one child right for another and ultimately fails to secure either. Properly interpreted, the best-interests principle does not require the state to choose between children’s health and education. Rather, it requires the state to safeguard both by reducing pollution at its source, ensuring that schools provide safe air, and guaranteeing continuity of learning for disadvantaged children when closure is unavoidable. The article concludes by proposing a five-part framework of state obligations and practical recommendations for federal and provincial governments.