[lg policy] Karnataka: State Left with no Legal Option on Language Policy

[Harold Schiffman]

State Left with no Legal Option on Language Policy

By Rashmi Belur


BENGALURU: All legal doors are closed for Karnataka with the Supreme Court
rejecting the government’s curative petition seeking to make Kannada the
medium of instruction from Class 1 to 5.

The curative petition had sought review of a Constitution bench verdict
passed in May 2014.

A bench headed by Justice H L Dattu rejected the petition, saying, “We feel
the earlier order pronounced by the Constitution bench is correct and there
is no need to take up the petition again.”

“The choice of medium of instruction is the parent’s right and the state
government cannot decide or mandate (it),” the court said.

In legal terms, Karnataka’s fight is over, and the only option left is
legislative. The state can press the Centre to bring in a Constitutional
amendment to make mother tongue the language of instruction.

“Primary and Secondary Education Minister Kimmane Rathnakar has written to
all state MPs to demand a private bill during this Parliament session,” an
education official said. Rathnakar was not available for comment.

Schools Rejoice

The Associated Management of English Medium Schools in Karnataka welcomed
the Supreme Court’s rejection of the curative petition.

D Shashikumar, general secretary, said, “It is a move in the greater
interest of the children of our country.”

The association, one of the original petitioners, urged the Karnataka
government to approve English as a medium of instruction in private primary
schools. He said the government should not waste time and invite contempt
proceedings.

Medium of Instruction Saga

■ The state government passed a law in 1994 making Kannada the compulsory
medium of instruction for primary education (Classes 1 to 5).

■ A federation of schools challenged the decision, and a Constitution bench
of the Supreme Court passed a verdict in May 2014. The court upheld the
right of parents to decide the medium of instruction for their children.

■ The state government filed a review petition, which the court did not
take up, and then a curative petition.

■ The curative petition was dismissed by the Supreme Court on Saturday.

■ Though Karnataka has 4,000-plus English-medium schools, the High Court
direction of February 27 applies only to the 1,200 schools, all members of
the petitioning association.

http://www.newindianexpress.com/cities/bengaluru/State-Left-with-no-Legal-Option-on-Language-Policy/2015/03/24/article2727527.ece







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