[lg policy] Bangalore: Constitutional bench of Supreme Court to hear 'mother tongue' case today

[Harold Schiffman]

Constitutional bench of SC to hear 'mother tongue' case today
By Shyam Prasad S, Bangalore Mirror Bureau | Feb 11, 2014, 01.00 AM IST
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 On Tuesday, a Supreme Court Constitutional bench of five judges will start
hearing a case, whose subject has become one of the most controversial
subjects in many states. The court hearing is expected to go on for at
least four days.

The court will then decide the meaning of 'mother tongue', and also decide
the authority that will determine what the mother tongue of a child seeking
education in schools is. The case stems from the Language Policy, 1994, of
Karnataka. But the implications will be for the entire country and could
well decide the fate of English as the medium of instruction.

The case is of importance to the entire country and the five judges too are
from different regions. Justice RM Lodha (Rajasthan), Justice AK Patnaik
(Orissa), Justice SJ Mukhopadhaya (West Bengal), Justice Deepak Mishra
(Orissa) and Justice FM Ibrahim Kalifulla (Tamil Nadu) are the five judges
in the Constitutional bench. The state government is also taking things
seriously since they know that it is a 'do-or-die' battle. Chief minister
Siddaramaiah is said to have taken special interest in the case and asked
the Advocate General to personally take charge of arguing it in the Supreme
Court. Usually, the state's standing counsel in the SC argues government
cases.

The case is a bunch of 41 different petitions. Advocates representing the
state, various associations of school managements and even litterateurs
will argue before the bench. Advocate Mohan Katarki, who has represented
Karnataka in the Cauvery Water Disputes Tribunal, is now representing one
of the English medium schools' associations.

The Karnataka Government's Language Policy, 1994, had made 'mother tongue'
or Kannada as the medium of instruction. Since then, there has been a
series of cases between private English medium schools and the State
government. But the crisis goes even beyond that. In 1981, the Dr VK Gokak
committee recommended Kannada as the medium of education in the state.
Government orders to this effect were challenged in the HC and SC. In 1993,
the SC bench of Chief Justice MN Venkatachalaiah and Justice S Mohan upheld
the government decision.

Karnataka came up with the Language Policy, 1994, which made either 'mother
tongue' or Kannada as compulsory medium of instruction in primary schools.

In 2008, the HC of Karnataka struck down sections of the Language Policy
that made 'mother tongue' the mandatory medium of instruction, ruling that
the parents were free to get their children educated in any language of
their choice.

Karnataka challenged the HC striking down the clauses in the HC. A division
bench of the SC referred the matter to the larger bench last year.


*5 Questions for Bench*

What is the meaning of 'Mother tongue'? Who will decide what language a
child is comfortable with?
Do citizens have right to choose medium of instruction at primary stage?
Does imposition of mother tongue by state infringe on fundamental rights?
Is government recognition required for private and unaided schools?
Can the state compel linguistic minorities to choose their mother tongue as
medium of instruction?

http://www.bangaloremirror.com/bangalore/others/Constitutional-bench-of-SC-to-hear-mother-tongue-case-today/articleshow/30176065.cms


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