Supreme Court to review language issue TNN | Jul 6, 2013, 12.53 AM IST
The Supreme Court on Friday took a significant decision to revisit the question whether mother tongue or regional language could be imposed by a state as the medium of instruction in primary schools. NEW DELHI: In the era of globalization when inter-state migration is the order of the day, the Supreme Court on Friday took a significant decision to revisit the question whether mother tongue or regional language could be imposed by a state as the medium of instruction in primary schools. A bench of Justices P Sathasivam and Ranjan Gogoi referred this question to a five-judge constitution bench despite being aware that a two-judge bench of the SC had in December 1993 upheld Karnataka government's 1989 decision to make Kannada mandatory for all primary school students. The Karnataka government had issued a revised order in 1994 mandating that the medium of instruction from class 1 to 4 in all schools recognized by the state government would be either in mother tongue or Kannada from the academic year 1994-95. The state had argued that it derived the power from Article 350A, which provided, "It shall be the endeavour of every state and of every local authority within the state to provide adequate facilities for instruction in mother tongue at the primary stage of education to children belonging to linguistic minority groups." But the high court in 2008 ruled that the decision to make Kannada the medium of instruction mandatory for primary classes would not apply to private schools. Karnataka had challenged the HC order in the apex court. So did some other public interest litigants. The bench of Justices Sathasivam and Gogoi said the "vital question involved in this petition has far-reaching significance on the development of children in our country who are the future adults". "The primary school years of a child are an important phase in a child's education. Besides, it moulds the thinking process and tutors on the communication skills. Thus, primary education lays the groundwork for future learning and success. Succinctly, the skills and values that primary education instills are no less fundamental and serve as base for all future learning," it said. "Likewise, the importance of a language cannot be understated; we must recollect that reorganization of states was primarily based on language. Further, the issues involved in this case concerns the fundamental rights of not only the present generation but also the generations yet to be born," said Justice Sathasivam, who wrote the judgment referring the issue to a five-judge bench. Considering the importance of the issue, the bench framed five questions: * What does mother tongue mean? If it refers to the language in which the child is comfortable with, then who will decide the same? * Whether a student or a parent or a citizen has a right to choose a medium of instruction at primary stage? * Does imposition of mother tongue in any way affect fundamental rights? * Whether government-recognized schools are inclusive of both government-aided schools and private and unaided schools? * Whether the state can by virtue of Article 350A of the Constitution compel linguistic minorities to choose their mother tongue only as medium of instruction in primary schools? http://timesofindia.indiatimes.com/india/Supreme-Court-to-review-language-issue/articleshow/20935550.cms