Legal Law

Linguistic minorities in India

Although the Constitution of India does not define the word ‘minority’ and only refers to ‘minorities’ and speaks of those ‘based on religion or language’, minority rights have been detailed in the Constitution. The Supreme Court through its ruling has defined the minority as “community, which is numerically less than 50 percent” (SR das CJ). This statistical approach is also prevalent in the Kerala High Court which, in AMPatroni v. Kesavan, defined minority in the same sense as it meant for the Supreme Court.

A linguistic minority is a group of people whose native language is different from that of the majority in the state or part of the state. Linguistic minorities are determined on a state basis.

Substantial constitutional provision

Yo. right of ‘any section of the citizens’ to ‘retain’ their ‘distinct language, script or culture’; [Article 29(1)]
ii. restriction on the denial of admission to any citizen, to any educational institution maintained or assisted by the State, ‘solely on the grounds of religion, race, caste, language or any of them’; [Article 29(2)]
iii. right of all Religious and Linguistic Minorities to establish and manage educational institutions of their choice;[Article 30(1)]
IV. freedom of minority-run educational institutions from discrimination in the matter of receiving state aid;[Article30(2)]
v. special provision relating to the language spoken by a part of the population of any State;[Article 347]
saw. provision of facilities for instruction in the mother tongue at the primary stage;[Article 350 A]
vii. provision for a Special Officer for Linguistic Minorities and his duties; and [Article 350 B]

Protection of linguistic minorities

1) Every aggrieved person has the right to present a representation for the reparation of any grievance to any official or authority (state/union) in any language used in the union and the state. That is, the representation cannot be rejected because it is not an official language.

2) All state and local authorities in the state must provide adequate facilities for instruction in the mother tongue at the primary stage for persons belonging to minorities. The president may issue the necessary instructions for this purpose.

3) Special Officer for Linguistic Minorities.

• Article 350 b is added through the 7th constitutional reform.
• Appointed by the president.
• Their duty is to investigate everything related to the guarantees provided for linguistic minorities.
• There is no mention of qualification, seniority, salary, etc. in constitution.
• The commissioner’s headquarters is in Allahabad. Regional office in Belgaum, Chennai, Kolkata.
• At the central level, it belongs to the Ministry of Minority Affairs. Therefore, submit your annual or other reports to the president through the Ministry of Minority Affairs.

Other constitutional provision related to the use of language

1. Section 120 (Business in Parliament)
2. Section 210 (Business in the state legislature)
3. Section 343 (official language)
4. Article 344
5. Article 345
6. Article 346
7. Article 348
8. Article 349
9. Article 350
10. Eighth Annex of Constitutions

Current state of languages ​​in India

1) UNESCO’s World Atlas of Endangered Languages ​​for India lists 172 endangered languages, of which 101 are classified as seriously, critically or definitely endangered and 71 “vulnerable” (a complete list of endangered languages). India). is provided by the “Atlas of the world’s languages ​​in danger” (Christopher Moseley, ed., UNESCO, Paris 2010).

2) Only 22 of more than 1,600 languages ​​were officially recognized in the country under Annex VIII.

Recent Development (Why in the News)

1) The legislative committee has recommended to the state government (Karnataka) that DE recognize the ‘linguistic minority’ status of 10 private dental schools for denying admission to undergraduate and postgraduate courses to linguistic minority students.

2) Discussion on the use of Hindi.

Far ahead

1) Only religious minorities are being considered for government scholarship schemes. But the Constitution says that minorities can be both religious and linguistic, the government grants scholarships only on the basis of religion. This should also extend to linguistic minorities.

2) Educational institutions must not be allowed to misuse their “linguistic minority” status.

3) Non-Hindi speakers should not be coerced into using Hindi.