Open Access Research Article
LANGUAGE AND DIVISIVE POLITICS: A STUDY IN THE REALM OF LAW
Published Paper
Article Details
LANGUAGE AND DIVISIVE POLITICS: A
STUDY IN THE REALM OF LAW
AUTHORED BY - DR. ASHUTOSH BAIRAGI
Principal, Shri Vaishnav Institute of
Law, Indore, M.P.
Mobile: 9893327611, Email:
Ashutosh.svil.2012@gmail.com
Abstract
Diversity in the field of culture,
religion, ethnicity and language is the biggest characteristic of India. The
main reason for this is India's long history and being home to different
cultures, castes and religions. Historical development has increased India's
diversity in all fields. In a multilingual society like India, many languages
are used in daily life. One language may be preferred in the domestic and
friendship sphere, another for administration and work, and a third for
religious discourse. Another characteristic of languages in India is that,
generally, there is no direct relationship between languages and religions and
subcultures. As a mixture of different cultures, there is no particular
language that can be considered dominant in every state of the country. Thus,
India has no national language. However, the languages spoken in different
regions play important roles socially and economically in the lives of people.
In this paper, I will discuss language
as a divisive factor.
Keywords: Culture, religion, language, Constitution, Constituent assembly
Introduction:
India is known in the world since
ancient times because of its brotherhood, unity and integrity. The language of
any country is the identity of its civilization. The progress of a country is
judged on the basis of language and literature. Language is the basis of human
emotions in our feelings. It is the best medium to increase friendship and
brotherhood. It is because of language that our society, our country and the
whole world are tied together. Language is the string of pearls which is
stringing the entire world. Just as the string breaks and the pearls scatter.
Similarly, when there is any dispute due to language, our country also starts
disintegrating. Because India is a country of unity in diversity, people of
different caste, religion and culture live here, due to which it is natural to
have diversity in their languages. There are many people in our country.
Languages are spoken, especially Hindi, Urdu, English, Tamil, Telugu, Kannada,
Malayalam, Gujarati etc. and all people are free to promote and preserve their
language. Unity in diversity is a truth in India, similarly, a bitter truth is
that on the basis of language, But the country was divided into many separate
states and many states came into existence on the basis of language. There were
many disputes between the northern and southern states on the question of
language. Many violent and non-violent movements also took place due to
language. To achieve independence, Later, the reorganization of states proved
fatal for the national unity and integrity of our country. Due to linguistic
demand, Andhra Pradesh, Maharashtra, Punjab were divided and linguistic
provinces like Gujarat, Tamil Nadu, Andhra Pradesh, Orissa, Kerala, Kolkata
were formed.
MC Roy says that the trend of
linguism has started in the country, it is a lion which has come on the way,
either it should be killed or it will destroy the Indian nation.
National Movement and Language:
During the colonization of India by
the British in the 18th century, English became a common language and in 1835,
it was made the official language at both the central and provincial or state
levels. However, English was not used throughout the administrative system.
Some regional languages were used in the lower level administration. As
nationalists began to fight against British colonialism, the Congress Party,
the leader of the national movement in India, drew attention to the languages
of Indians as signs of national identity. In fact, the Congress Party had
organized itself on the basis of linguistic and cultural areas. The leaders of
the national movement were very sensitive towards the use of indigenous
language.
Linguistic Policy after Independence:
Before independence in 1947, Congress
was committed to redrawing state boundaries on the basis of languages. At the
Nagpur session in 1920, Congress formally accepted the principle of linguistic
states. However, after independence in 1947, the Indian government decided not
to implement this policy; Due to the very bad experience of partition of India
on religious basis.
Discussion in the Constituent Assembly:
The Constituent Assembly was
concerned with the issue of linguistic states in India. One of the major issues
debated in the Constituent Assembly was the linguistic division of India, which
Nehru had opposed. Other language related issues that were debated in the
Constituent Assembly also included the national language, the official language
and its script. However, the Constituent Assembly could not reach any
conclusion and ultimately the matter was left to the Parliament on the basis of
Article 3 of the Constitution of India.
The Constitution of India also
contemplates provisions related to language policy. But at the time of making
the Constitution, the language dispute came to the fore. The debates in the
Constituent Assembly show that there was a substantial amount of consensus on
two basic points: (1) at some stage, the English language should be displaced
from its dominant position; And (2) Hindi should replace it.
In 1948, the Dar Commission was
appointed by the Government of India under the chairmanship of SK Dar. The
Commission did not recommend the creation of states on linguistic basis. This
report caused adverse reactions in Andhra. The resistance to the call for
linguistic states was led by the first Union Home Minister, Sardar Patel. But
Potti Sriramulu died after a 56-day hunger strike demanding the creation of a
separate Andhra from Madras State. The government was forced to separate Andhra
Pradesh from Madras State.
The Central Government of India
constituted the States Reorganization Commission in 1953 under the States
Reorganization Act to study the problems faced in redrawing state boundaries.
The Commission included Honorable Fazal Ali, KM Panikkar and HN Kunzru. The
report submitted by the Commission in 1955 is known as the SRC Report. This
commission considered language an important, though by no means the only,
factor. Other factors such as economic feasibility and geographical realities
also need to be taken into account.
Controversy over official language:
The Constitution of India also
contemplates provisions related to language policy. But at the time of making
the Constitution, the language dispute came to the fore. The debates in the
Constituent Assembly show that there was a substantial amount of consensus on
two basic points: (1) at some stage, the English language should be displaced
from its dominant position; And (2) Hindi should replace it.
Mahatma Gandhi and other secular
political leaders preferred Hindi as the national language. After gaining
independence from the British in 1947, leaders of the new Indian nation
recognized the opportunity to unify India's many regions with a common,
universal language. Mahatma Gandhi felt that this was necessary for India to
emerge as a self-proclaimed nation. He stated five requirements for any
language to be accepted as the national language:
·
It
should be easy for government officials to learn.
·
It
should be able to serve as a medium of religious, economic and political
interaction throughout India.
·
This
should be the voice of the majority of the residents of India.
·
It
should be easy for the entire country to learn.
When choosing this language,
temporary or transitory interests should not be taken into account.
The Indian Constitution declared
Hindi in the Devanagari script as the official language of the Union in 1950.
Unless Parliament decided otherwise, the use of English for official purposes
was discontinued on 26 January 1965, 15 years after the Constitution came into
force. However, the prospect of change caused great concern in non-Hindi
speaking areas. of India, especially the Dravidian speaking states whose
languages were not at all related to Hindi. As a result, Parliament enacted the
Official Languages Act, 1963, which provided for the continued use of English
for official purposes, along with Hindi, even after 1965. As late as 1964, an
attempt was made to explicitly provide for the end of the use of English. But
it faced opposition from states like Maharashtra, Tamil Nadu, Punjab, West
Bengal, Karnataka, Puducherry and Andhra Pradesh. Some of these protests also
turned violent. As a result, the proposal was dropped, and the Act was amended
in 1967 to provide that the use of English would not be abolished until a
resolution to that effect was passed by the legislature of each state which had
Has not adopted Hindi as its official language. language, and by each House of
the Indian Parliament.
Language policy of India
According to Article 343(1) of the
Indian Constitution, Hindi and English are the official languages of India. The
purpose of using Hindi and English is specified in the Official Languages Act
1963, Official Languages Rules 1976 and instructions of the Ministry of Home
Affairs. The Constitution gives official recognition to a total of 22 languages
by 2022. According to the Indian Constitution, no language has the status of
national language.
Trilingual formula:
With a view to strengthening national
unity and integrity, the National Integration Conference in 1961 examined and
discussed the language problem and recommended the adoption of the "three
language formula" for secondary education throughout the country. This
formula envisaged three languages being compulsorily taught in schools, with
Hindi as the regional language and English in non-Hindi speaking states and
another modern Indian language and English in non-Hindi speaking states. Till
now the three language formula has not been implemented in letter and spirit.
Constitutional provisions on language:
Article 120 Language to be used in
Parliament
(1)
Notwithstanding
anything contained in Part XVII, but subject to the provisions of article 348,
business in Parliament shall be transacted in Hindi or English:
Provided that the Chairman of the
Rajya Sabha or the Speaker of the House of the People, or the person so acting,
as the case may be, may direct any member who cannot express himself adequately
in Hindi or English to address the House Can give permission. Mother tongue.
(2)
Unless
Parliament by law otherwise provides, this article shall, after the expiration
of a period of fifteen years from the commencement of this Constitution, have
effect as if the words "or in English" had been omitted from it.
Article 343 Official language of the
Union:
(1)
The
official language of the Union shall be Hindi in the Devanagari script. The
form of the numerals used for the official purposes of the Union shall be the
international form of Indian numerals.
(2)
Notwithstanding
anything contained in clause (1), for a period of fifteen years from the
commencement of this Constitution, the English language shall continue to be
used for all official purposes of the Union for which it was used immediately
before such commencement. Was being done. : Provided that the President may,
during the said period, by order authorize the use of the Hindi language and
the Devanagari form of figures other than the English language and the
international form of Indian figures for any official purpose. Organization.
(3)
Notwithstanding
anything contained in this article, Parliament may by law make provision for
the use, after the said period of fifteen years.
a.
the
English language, or
b.
the
Devanagari form of figures, for such purposes as may be specified in law.
Article 344 Commission and Committee of Parliament
on Official Language:
(1)
The
President shall, on the expiry of five years from the commencement of this
Constitution and subsequently on the expiry of ten years from such commencement,
by order, constitute a Commission consisting of a Chairman and such other
members representing different languages. The Eighth Schedule shall specify
such orders as the President may appoint, and shall define the procedure to be
followed by the Commission.
(2)
It
shall be the duty of the Commission to make recommendations to the President
a)
the
progressive use of the Hindi language for the official purposes of the Union;
b)
a
restriction on the use of the English language for all or any official purposes
of the Union;
c)
the
language to be used for all or any of the purposes mentioned in article 348;
d)
the
form of the marks to be used for any one or more specified purposes of the
Union;
e)
any
other matter referred to the Commission by the President in relation to the
official language of the Union and the language of communication between the
Union and a State or between a State and another State and their use.
(3)
While
making its recommendations under clause (2), the Commission shall have due regard
to the legitimate claims and interests of persons belonging to non-Hindi
speaking areas in relation to the industrial, cultural and scientific
advancement of India and the public. Services.
(4)
There
shall be constituted a Committee consisting of thirty members, of whom twenty
shall be members of the House of the People and ten shall be members of the
Council of States to be elected respectively by the members of the House of the
People and the members of the Council of States by means of proportional representation
by means of the single transferable vote. According to the system.
(5)
It
shall be the duty of the Committee to examine the recommendations of the
Commission constituted under clause (1) and to convey its opinion thereon to
the President.
(6)
Notwithstanding
anything contained in article 343, the President may, after considering the
report referred to in clause (5), issue directions in accordance with the whole
or any part of that report.
Article 345 Official language or languages of a State
Subject to the provisions of articles
346 and 347, the Legislature of a State may by law adopt any one or more of the
languages in use in the State or Hindi as the language or languages to be used
for all or any of the official purposes . That state;
Provided that, unless the Legislature
of a State by law otherwise provides, the English language shall continue to be
used within the State for the official purposes for which it was being used
immediately before the commencement of this Constitution.
Article 346 Official language for
communication between one State and another State or between a State and the
Union
The language authorized for use in
the Union for official purposes shall be the official language for
communications between a State and another State and between a State and the
Union:
Provided that if two or more States
agree that the Hindi language should be the official language for
communications between such States, that language may be used for such
communications.
Article 347 Special provisions
relating to language spoken by a section of the population of a State
On a demand made in this behalf the
President may, if he is satisfied that a substantial proportion of the
population of a State desire the use of any language spoken by them to be recognized
by that State, direct that such language Will also be officially recognized.
recognized throughout the State or any part thereof for such purpose as it may
specify.
Article 348 Language to be used in
the Supreme Court and High Courts and for Acts, Bills, etc.:
(1) Notwithstanding anything
contained in the foregoing provisions of this Part, unless Parliament by law
otherwise provides
a)
all
proceedings in the Supreme Court and every High Court,
b)
official
texts
i)
of
all Bills to be introduced in, or amendments to be made in, either House of
Parliament or House of the Legislature of any State.
ii)
all
Acts passed by Parliament or the Legislature of any State and all Ordinances
promulgated by the President or the Governor of any State, and
iii)
All
orders, rules, regulations and bye-laws issued under this Constitution or under
any law made by Parliament or the Legislature of any State shall be in the
English language.
(2) Notwithstanding anything
contained in sub-clause (a) of clause (1), the Governor of a State may, with
the previous consent of the President, introduce into the Hindi language, or
any other language used for any official purpose, Can authorize use. of a
State, in proceedings before a High Court having its principal seat in that
State:
Provided that nothing in this section
shall apply to any judgment, decree or order passed or made by such High Court.
(3) Notwithstanding anything
contained in sub-clause (b) of clause (1), where the Legislature of a State
prescribes any language other than the English language for use in Bills
introduced or Acts passed in the Legislature of the State, Have done. or in the
Ordinances promulgated by the Governor of the State or in any order, rule,
regulation or bye-law referred to in paragraph (iii) of that sub-section, a
translation of the same in the English language published under the authority
of the Governor in the Official Gazette of that State The English language
shall be deemed to be the official text of this Article.
Article 349 Special procedure for
enactment of certain laws relating to language:
During the period of fifteen years
from the commencement of this Constitution, no Bill or amendment providing for
the language to be used for any of the purposes mentioned in clause (1) of
article 348 shall be introduced or moved in either House of Parliament. Will be
done. the previous approval of the President, and the President shall not give
his assent to the introduction of any such Bill or to the carrying forward of
any such amendment unless he has considered the recommendations of the
Commission constituted under clause (1) of article 344 Take it. and the report
of the Committee constituted under clause (4) of that article.
Article 350 Language used in
representations for redress of grievances:
Every person shall be entitled to
submit a representation for the redress of any grievance to any officer or
authority of the Union or a State in any language used in the Union or the
State, as the case may be.
Article 350A Facilities for education
in mother tongue at primary level:
It shall be the endeavor of every
State and every local authority within the State to provide adequate facilities
for instruction in the mother tongue at the primary stage of education to
children belonging to linguistic minority groups and the President may issue
such directions to any State. As it considers necessary or appropriate to
ensure the provision of such facilities.
Article 350B Special officer for
linguistic minorities
(1) There shall be a Special Officer
for Linguistic Minorities appointed by the President.
(2) It shall be the duty of the
Special Officer to investigate all matters relating to the safeguards provided
for linguistic minorities under this Constitution and to report on those
matters to the President at such intervals as the President directs, and the
President shall all Will cause. Such reports will be laid before each House of
Parliament and sent to the Government of the respective States.
Article 351 Instructions for
development of Hindi language:
It shall be the duty of the Union to
promote the spread of the Hindi language, to develop it so that it may become a
medium of expression of all the elements of the composite culture of India and
to ensure its assimilation and promotion without any interference. its genius,
the forms, styles and expressions used in Hindustani and the other languages of
India specified in the Eighth Schedule, and wherever necessary or desirable,
for its terminology, drawing primarily on Sanskrit and secondarily on other languages
By doing.
Formation of Linguistic States:
The process of linguistic
reorganization of states in India was much longer and divisive than the dispute
over the official language of India and gave rise to more fundamental questions
of centre-state relations.
Following the States Reorganization
Act of 1956, the boundaries of the southern states were reorganized in line
with traditional linguistic areas. In 1960, Bombay province was divided into
the present-day states of Gujarat and Maharashtra. In 1966, Punjab was
reorganized and many of its parts were distributed among three units: the main
Punjabi province, the new state of Haryana, and Himachal Pradesh. Many new
states have also been created from time to time in response to tribal demands
in the north-eastern region of the country.
The broad principles propounded by
the States Reorganization Commission in the creation of linguistic states were
the following:
·
To
maintain the unity and integrity of the country;
·
Maintaining
linguistic and cultural uniformity; And
·
Financial,
economic and administrative feasibility
Recommendations of Sarkaria Commission:
In 1983, the Sarkaria Commission was
formed to look into the language problem in India and suggest solutions. The
chairman of the commission was RS Sarkaria. The Commission made the following
recommendations:
·
Three
Language Formula: It involved the implementation of regional language, Hindi
and English in school level education.
·
English
was to be retained as the official language.
·
Reorganization
of states into administrative units.
·
Ban
on political parties and other organizations trying to promote linguism.
Constitutional provisions for linguistic minorities:
The reorganization of states was
based on the recognized languages of India and this relegated many linguistic
groups to minority status in the states where they lived. This created a
feeling among all linguistic minorities that if they did not have a home state,
they were second class citizens and those who got such home states began to
feel that they had the right to live and prosper only in their own states.
Therefore, some provisions have been made in the Constitution to protect the
interests of linguistic minorities.
Article 29 Protection of interests of
minorities
1)
Any
section of citizens inhabiting the territory of India or any part thereof,
having a distinct language, script or culture of its own, shall have the right
to preserve the same.
2)
No
citizen shall be refused admission to any educational institution maintained by
the State or receiving aid from State funds on grounds only of religion, race,
caste, language or any of them.
Article 30 Right of minorities to
establish and administer educational institutions
(1)
All
minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.
(1A) In
making any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority referred to
in clause (1), the State shall ensure that the amount determined or determined
under such law shall be transferred to such property. The acquisition is such
that it will not restrict or abridge the right guaranteed under that section.
(2)
The
State, while granting aid to educational institutions, shall not discriminate
against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.
Development of Linguism:
The phrase linguistic bigotry means
disrespect or condemnation by a linguistic group or individual of other
constitutionally recognized languages or dialects or subjugation of minorities
on linguistic grounds or promotion of separatist movement in the name of
language. The reorganization of states was based on the recognized languages of
India and this relegated many linguistic groups to minority status in the
states where they lived. This created a feeling among all linguistic minorities
that if they did not have a home state, they were second class citizens and
those who got such home states began to feel that they had the right to live
and prosper only in their own states.
Reasons for Linguism:
Regionalism:
Linguistic fanaticism has promoted
local identity. This has created uniqueness among the people. Regional
differences have come in the way of national unity. Regionalism is the
expression of a common sense of identity and purpose by the people of a
specific geographical area, united by their unique language, culture, etc.
Rise of regional parties:
Linguism has resulted in the
formation of regional political parties. Regional political parties formed
governments in many states and tried to give shape to their policies and
programs. At present, these regional parties are playing an important role in
forming the government at the Center and some states. Most of these regional
parties do politics in the language of their states.
Exploitation of public by politicians:
Language has created psychological
and emotional feelings in people. Politicians are promoting the spread of
particular languages only through monetary inducements. They exploit the
emotions of the people at the time of elections.
Erosion of national sentiment:
Linguistic loyalty has come in the
way of national unity. People are more concerned about regional benefits than
national interest. Thus interstate border disputes and river disputes have
become common.
Major events of Linguism:
1. In 1937, the first anti-Hindi
movement was launched in protest against the introduction of compulsory
teaching of Hindi by the first Indian National Congress government led by C.
Rajagopalachari in the Presidency schools of Madras. This move was immediately
opposed by EV Ramasamy (Periyar) and the opposition Justice Party (later
Dravida Kazhagam).
2. As the day of adoption of Hindi as
the sole official language approached in 1965, the anti-Hindi movement gained
momentum in Madras State with growing support from college students. The same
year, a large-scale riot broke out in the southern city of Madurai, sparked by
a minor dispute between agitating students and members of the Congress Party.
Finally, to calm the situation, Indian Prime Minister Lal Bahadur Shastri
assured that English would continue to be used as an official language as long
as the non-Hindi speaking states wished.
3. Before and around the 1980s, Sanskrit
was available to learn at the high school level in Karnataka, and students
chose it because it was a way to get easier marks, and thus, a higher state rank.
The then Chief Minister D Devaraj shifted Sanskrit from the first language to
the third language. The next Chief Minister R Gundu Rao reversed this decision.
Many Kannadigas began to protest against this reversal, with a committee led by
Professor VK Gokak. The Gokak Committee report lists Kannada as the sole first
language. The state's delay in maintaining it led to protests and led to
several deaths.
Maharashtra Karnataka border issue:
When the state boundaries were
redrawn on linguistic lines as per the States Reorganization Act of 1956,
Belagavi became part of the erstwhile Mysore state. Maharashtra claims that
parts of Belagavi, where Marathi is the dominant language, should remain in
Maharashtra. In October 1966, the Center set up the Mahajan Commission under
the leadership of former Chief Justice of India Mehr Chand Mahajan to resolve
the border dispute in Maharashtra, Karnataka and Kerala. The Commission
recommended that Belgaum and 247 villages remain with Karnataka. Maharashtra
rejected the report and moved the Supreme Court in 2004. Karnataka has argued
that the settlement of boundaries as per the States Reorganization Act is
final. The matter is pending in the Supreme Court.
Conclusion:
India is a multilingual country where
linguistic diversity is found. Languages have been politicized since
independence. People have agitated for a long time to get the status of
national language. As seen, the official language of India has been a
controversial issue. Although Hindi is the de jure official language, English
has been the de facto official language in India. This co-existence is due to
the historical, cultural, social and political setting of the languages in
India. The debate on official language is not over yet. Apart from this, the
script of which language should be chosen as the official language is also
logical. For example, some politicians and thinkers have suggested using the
Roman script instead of Devanagari for Hindi. Konkani and Marathi are the
official languages in Goa but the script is Roman, not Devanagari.
References:
Ø Constitution of India
Ø https://link.springer.com/chapter/10.1057/9781137555007_8
Ø https://doj.gov.in/use-of-hindi-and-regional-languages/
Ø http://student.manupatra.com/Academic/Abk/Constitutional-Law-of-India/CHAPTER-34.htm
Ø https://thelegalquotient.com/social-laws/law-and-society/language-as-divisive-factor/1521/
Ø https://blog.ipleaders.in/one-country-one-language-idea-federalism/
Ø https://www.deccanherald.com/opinion/editorial/language-of-divisive-politics-761875.html
Ø https://link.springer.com/chapter/10.1057/9781137555007_8
Article Information
LANGUAGE AND DIVISIVE POLITICS: A STUDY IN THE REALM OF LAW
Authors: DR. ASHUTOSH BAIRAGI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/13
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.