Right to conserve ones language and script
swarna
(Querist) 16 January 2015
This query is : Resolved
Hi,
I have this question about the interpretation of "right to conserve ones language and script" which is a part of Indian constitutional rights.
If a person living in an area/state where a certain language (that language being one of the scheduled languages) happens to face problems in using the citizen facilities whether governmental/non-governmental, (like schools for example), can that be contested as a violation of said right of the citizen, in that area?
To take the example further, for example, I want to admit my daughter in a specific good school and I want to ensure my daughter is taught in the medium of local language which also happens to be my language. And if any school (governmental or private) denies that opportunity to me and my daughter due to not having the capability to teach in the local language, then isn't it violation of our right?
If somebody could write a detailed answer to this, it would be truly enlightening for me!
Also, if the answer to this happens to be that - it is in fact a violation of our right. Then, what legal/constitutional recourse do I have to ensure that my right is honored?
Thanks and Regards,
Swarna
Jayashree Hariharan
(Expert) 16 January 2015
constitutional rights are correct, but india is a democracy where tolerance is required. so if you want specifically that language you have to go to that specific area. live and let live is the policy, i guess.
swarna
(Querist) 16 January 2015
Hi,
Please excuse me, I did not understand.
Also, I think I did not get the answer to the questions I posed above:
1)... can that be contested as a violation of said right of the citizen, in that area?
2) what legal/constitutional recourse do I have to ensure that my right is honored?
To elaborate further with an example - if I wish to educate my daughter in Kannada medium, and I would like to admit her to a certain school (say xyz) in Bangalore. And say, that school denies my daughter admission because it does not posses the capability to teach in the Kannada medium, then can I contest that as a violation of my right being in Karnataka?
P. Venu
(Expert) 16 January 2015
However legitimate your right be, you cannot demand the impossible!
swarna
(Querist) 16 January 2015
Hi,
I would be enlightened if somebody answers to the point please. If I in fact have a legitimate case, (however impossibly skewed the situation is) to get my right, what should I do? Can I make a writ petition? Or, even if I do that can the courts just brush it aside saying I am demanding the impossible without giving it further thought?
Thanks,
Swarna
Jayashree Hariharan
(Expert) 17 January 2015
Madam, what I said was
1. you can exercise your right, but in your area only. You cannot do that in any other part of India. Won't the others feel that their language has been uprooted, if you bring your language into their territory? just as you feel, others will feel. that is why i said live and let live is in India.
2. If anyone threatens to disseminate your language, culture, etc. in your place, then you have every right to file a writ.
Hope it is clear now.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
Implementing your right is different from the one what you ask here. You want the school authorities to fulfill your desire and you paint the fundamental rights color to it. Actually you are trying to restrict the school authorities from exercising their rights. You cannot force them to dance to your tunes. If your choice of preferred medium of instructions/language is not available there, you may have to look for the place where it is available. Right to preach your language is constitutionally protected but you cannot force somebody to do it for you.
Biswanath Roy
(Expert) 20 January 2015
READ THE BOOK " LAW OF CONSTITUTION " By
Durga Das Basu which will speak for itself.
swarna
(Querist) 20 January 2015
Thanks Mr.Roy for referring the book. I am not a legal professional, however I hope reading this book will be enlightening for me. I will make an effort to read it. I have ordered the book.
Thanks Mrs. Jayashree for your opinion, I am sorry, I didn't read it correctly the first time.
Thanks Mr. Kalaiselvan for your opinions
Below I am pasting the contents of my blog post depicting my constitutionally uninformed perspective on this question, for anybody who would come across this post on the internet.
Thanks for the help
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Our right to conserve our language and script – believe it or not, there is something like that!
In any democracy if a certain thing has to be made in to a right, it is because, there can be instances where that right gets transgressed, and the individual facing such transgression can demand that right (make a police complaint, go to court, stage a protest etc.) and get the right and enjoy it.
Enshrining such a thing in to a statutory right is also for the elected governments to enact laws to guard them and also to ensure that they be careful while making any law and ensure they don’t trample on somebodies right.
Indian constitution has given Kannadigas right to conserver their language and script (they have, I am telling you, go check it if you don’t believe).
However it is in the common experience of Bangalore Kannadigas that this right of theirs is being transgressed in many ways. And the problem is not localized to Bangalore but spread across Karnataka. Alas, there is nothing comic about it.
What are the ways in which the right is being transgressed? What is the main reason behind the transgressions and what can Kannadigas do to get their right?
Do you want to know? You are the caring kind? Go on then, bless me with your attention.
The main reason behind the transgression of this right (aka the Cock and Bull Story):
In Bangalore an industry friendly eco system has been set up for the past several years to encourage the economic development of Bangalore, Karnataka and India – this is good, brings in money. The kinds of industries that have set shop here include governmental and private, local, national and multinational –the whole enchilada so to say. And there is no doubt that the goal of economic development has been realized to (whatever) extent – so many cars on the road now, we are being choked to death everyday. Also, it is common knowledge that one of the main sectors which have made this economic development possible is the information technology (IT) industry – Silicon Valley of India (Some people tend to look at it more like the hub of silicon sweat shops, isn’t it?).
For most of the private companies in Bangalore – especially IT companies, dependent on software exports – Kannada is irrelevant for their business – “Kannada gottilla”. This has led most of these companies to use English heavily in their functioning. Of course nobody has a problem with this!
But the buck doesn’t stop there – these companies have standardized English as the 'only' language they are ready to deal in (some have even codified this as a policy) and kept Kannada consciously, tactfully and forcefully out of their workings – don’t believe me? Read the next paragraph.
The extent to which the companies make efforts in keeping Kannada out is exemplified by some experiences of this blogger – I had to face rebuke and face the might of the whole machinery of the multinational company I worked for, because of filling some forms in Kannada. I had to face all that even when the forms were of only statutory necessity and not of any day to day use –believe me I did fill some forms in Kannada.
Another example – the charts in office toilets for keeping track of cleaning schedules, which the janitors have to make entries in, are only in English!
This tactic of keeping Kannada out is extremely favourable/profitable to the businesses because, any person talented enough to serve in any and all functions of the company can be hired from any part of the country and resettled in Bangalore without having any regard to Kannada language. Not only that – labour contractors can bring in hoards of people with less/no education for small jobs from various parts of India (they are much cheaper compared to the local labour force and also more easily controllable!). One of the main reasons all this is possible is because in Bangalore there is no need to know any Kannada. However, it is to be noted here that all Indian nationals have a right to live in any part of the country and it is very much in their right to migrate and settle in any part of India including Bangalore.
So, what is the problem? How is any of this leading to violation of anybodies language 'rights' of any sort?
With the motive of ensuring their internal financial efficiency of operations, private companies have helped in establishing English as the language of survival and ensured that the problem of Kannada doesn't come in the way of smooth functioning and growth of their businesses. This practice has been the norm in how things are done in Bangalore, for many years
At this point the reader must be saying, come to the point dude, how is any of this violation of whatever rights?
Quite a few of the immigrants to Bangalore have gained considerable years of formal education and learnt lots of other things with various degrees of efforts, in order to gain employment. Also, even when in Bangalore, they continue their learning process per the needs of their jobs and their personal interests and for furtherance of their careers. They would probably have learnt some Kannada also, but for it being made irrelevant to them by the prevailing system here. So, many bright and good people working in many companies in Bangalore can’t speak any Kannada. In some cases entire city blocks are filled with people who don’t know any Kannada.
There lies the problem! Do you see it? You don’t? OK, I promise, it is explicitly and clearly stated in the next paragraph.
In what ways Kannadigas right to conserve their language and script is being transgressed? (aka crying foul)
Let’s set the premise – The way I look at it, being a Kannadiga and living in Bangalore, and having the right to conserve my language and script, if in any interaction with a public interface (of a private/government company) or a citizen facility (again governmental or private), I happen to face any trouble, for using Kannada (in comparison to using English/Hindi or any other language) I think it is a violation of my right and straight forward discrimination – Long sentence and complicated, go read it again if you did not get it in the first go. Makes sense now?
In private companies, Kannadigas are compelled to deal in English/Hindi when people in positions of public interface (receptionists, security people etc.) can’t speak Kannada – this is the usual case. In some cases, the companies claim that they can get an interpreter – Why can’t you just ensure the person can speak Kannada, like you do so with English? And where is the interpreter for the security guard and the receptionist and why are the forms printed only in English? See the point there?
So, it would involve some extra waiting and some (a lot in many cases) trouble for Kannadigas. This is tantamount to less than equal treatment of Kannada speakers (compared to English/Hindi speakers) in Bangalore and hence discrimination in our mother land. And in the case of the janitor (read above), having the tracking sheet and all other papers she uses in English is as good as forcing her to behave absolutely subserviently.
So, what do you think - I am making a mountain of a molehill?
This sort of set up has made many people (Kannadigas and the immigrants alike) in Bangalore (and Karnataka) strongly associate economic prosperity with English (I heard they are including the word English under synonyms for money in dictionaries). This has caused a chain reaction and the entire city is in such a way that a lot of privately owned citizen facilities in Bangalore - services like restaurants, shops, Cinemas, malls, housing societies, insurance companies, car dealerships, do their written transactions exclusively in English. Part of it is also since this has been the ‘norm’ for many years. But, if you are ready to believe me... people/systems do make a conscious effort to keep it that way.
Once I went to Star Bucks in JP Nagar and the person at the counter couldn't speak Kannada (and he did not even have any help in that from his kitchen), I was forced to speak in English (My vanity kicked in and I tried to show I can speak better English then he could, but I lost the game. This whole write up is a means of taking out that frustration at my own insufficiency). That thing in the brackets is a joke, nothing of that sort happened. The point is, there was nobody speaking Kannada. Another time, same place, I go there for another coffee, they make me wait and they get somebody from the kitchen. But in both instances, the service was less than good (they let the coffee get cold before bringing it to me, I am not joking, I swear, the guy even said sorry for delaying the service in both the cases).
Am I being outrageously xenophobic and taking it to heart? Well, let's see...
The worst part in this scheme is, all most all the private schools in Bangalore teach exclusively in English medium. And if I go ask any such school to admit my daughter to their school and teach her in Kannada medium, they would have to deny that to me, not because they have no seats, but because they lack the capability. Some big schools have 10 or 20 simultaneous classrooms for the same grade - all English medium, not one in Kannada medium!
Are you saying - "that is the 'norm', adjust to it, don't ruin your daughter's future with your fanaticism?
This is discriminatory and violation of our right to conserve our language and script (by educating our children through Kannada). Isn’t it? Or, would you say, if you are so hell bent upon it go admit your daughter to the government school? Do you dare tell me that, to send my daughter to those places of filthy mess with no toilets for girls? I don’t think you would, I know how kind hearted you are, if you have read so far.
And you see there is right to education and 25% of seats in “all schools” is to be given for poor kids. My case is, I am rich enough, but I can’t get the ‘right’ education for my daughter.
Further, if you are really ready for the complete truth – the whole system based on English exclusivity is discriminatory to Kannadigas since it denies opportunities (at least some) in all aspects of life to Kannadigas who don’t know English. For example Pizza shops will make speaking English a precondition for delivery persons (And yes, I have dealt with pizza delivery folks who deliver to my house and force me to speak in English since they can’t speak Kannada).
Eventually this leads to (has already led to) creation of a class system involving the English speaking ‘haves’ and Kannada speaking ‘Have-nots’ – I bet you are a cognizant reader caring about the have-nots and concerned about the skewed income distribution in our society and the consequent ill effects of unregulated rampant urbanization making our city a living hell for many – but all that of course is not the point here.
Mountain of a molehill, still?
I (a kannadiga) do acknowledge that, we definitely need English in Bangalore, no doubts about that and it is so interesting to live in a city where we get to here so many different languages! However, I am not certain that all kannadigas share this sentiment :)
But, if we were to summarize the way primarily self-serving industrial/economic system built up by private investment in Bangalore works –it is simply this: English is needed and Kannada is not needed.
If this model of economic progress of Bangalore is left without modifications, it has a long term effect of slowly eroding Kannada language from Bangalore and from other parts of the state.
Are you saying this is illogical and alarmist? Then, show me the schools for my daughter…. Where are they? Do we have an option here? I want the best for my daughter, nothing less than that. I will pay for it. But where is it? If this is not erosion, what is?
What can Kannadigas do to conserve their right? (aka - and now for the sermons)
If having read so far, the reader asks, “do we really need such rights? Wouldn't demands for such rights do more harm than good in the Indian union?” Well then, what do I say? We are not on the same side - Bye!
Instead if you see, I have a legitimate case, read on:
The courts have supposedly said that – It is their freedom of choice, if some people, confidently (or due to fear) have decided that their children shall have a future in English and not in Kannada and hence chosen English as the medium of education for their children. And hence, a government can’t impose a compulsory medium of primary education on them by imposing it on the schools. And in this court case, Karnataka government lost its stand and the law they made making Kannada compulsory medium of education in all primary schools, got repealed by courts. Let us keep this fact aside for now.
Coming back to our point now, any private school, set up within the governing region of Karnataka state, and not offering Kannada as a medium of instruction at all, would be clearly in violation of Kannadigas rights to conserve their language and script and also culpable of discrimination. It is constitutionally binding on all such schools to have the capability to teach in Kannada medium.
As for the law makers of Karnataka –they can make sure that the schools which have to follow the laws they make are aware of this obligation. And also the law makers should enact laws dealing with the transgression of the said right.
Since I am the most important person around this place, I am sure my government is just waiting for my blog to appear, and as soon as I put it up on the net, they take note and instantly take the required action and make the required law. (I am not sure if everybody got it, so, I will whisper – it was joke.)
Similarly, basing on the premise set out at the beginning of the previous section, it is binding on all private businesses facilities and services that they ensure – in their public/employee interfaces, dealing in Kannada is made possible and is no tougher than dealing in English or any other language.
Government can here also enact laws dealing with cases when our rights get transgressed. I am sure they would since I am the most ….
If things are not fixed either by the schools and other institutions themselves or by governmental intervention, then the other resorts individual Kannadigas have are either to go to the courts (may be make some writ petitions) or organize and employ methods of non-cooperation and protests.
Kannadigas working with any private/governmental organization have to realize that they are getting paid for doing their jobs efficiently, honestly and with complete commitment and not for letting go of Kannada. they should protest, insist and do whatever it takes in order to get their right in their work places and elsewhere.
Some practical ideas for protesting:
– Refuse to take my salary because the salary slip is in English
– Stop using internet, because it is mostly English
– For me, I think I should destroy from existence this electronic copy of the blog, because I wrote it in English
– Maybe stop speaking Kannada because a lot of the words in Kannada are derived from Sanskrit, Persian and Arabic
Biswanath Roy
(Expert) 20 January 2015
Your views expressed in so many words has some lawful materials to think over but in present era everything in our daily life are being regulated with the spirit of trade and commerce for material gain. Education system not only in our country but all over the world are following the principle of trade and commerce to meet the ever growing demand of trade and commerce and the guardians of the wards are dancing with the tunes of such demand of the days for better living and for material satisfaction. However, you may move an application as Public Interest Litigation (PIL) under Article 226 of the Constitution of India before the Karnataka High Court against your State Government for relief and redress on this issue.
