Safeguards for Linguistic Minorities ... derive their authority from two sources :-

(i) The Constitution of India; and

(ii) .The scheme of safeguards agreed to at the all-India level from time to time.

The Constitutional safeguards for linguistic minorities are enumerated in Articles 29, 30, 347, 350, 350A and 350B of the Constitution ... The provisions contained in these Articles, in a nutshell, are :-

(i) Article 29 gives the linguistic minorities the right to conserve their language, script and culture;

(ii) Article 30 gives them the right to establish and administer educational institutions of their choice;

(iii) Article 347 provides for a Presidential direction for official recognition of a language;

(iv) Article 350 provides for one's right to submit representations for redressal of one's grievances to any authority in the Government in any of the languages used in the States/Union;

(v) Article 350A provides for facilities for instruction through mother-tongue at the Primary stage of education; and

(vi) Article 350B provides for the institution of the CLM in India.

The basic function of the CLM, as enjoined by Article 350B (2) of the Constitution, is to investigate all matters relating to safeguards provided for linguistic minorities and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such Reports to be laid before both the Houses of Parliament. ...

The other safeguards evolved and agreed to at the all-India level from time to time are contained in the decisions evolved from various documents/conferences, etc. such as Provincial Education Ministers' Conference 1949, Government of India Memorandum 1956, Statement on Language 1958, Southern Zonal Council Decisions 1959, Chief Ministers Conference 1961 and Meeting of the Committee of Vice-Chairmen of Zonal Councils 1961 ...

The detailed scheme of safeguards ... includes, in the nutshell, provision for the following: -

(i) Translation and publication of rules, regulations, notices etc. in minority languages in areas where their speakers constitute 15% or more of the local population:

(ii) Declaration of minority language as second official : language in districts where their speakers constitute 60% or more of the population;

(iii) Receipt of, and reply to, representations in minority languages;

(iv) Instruction through mother-tongue at the primary stage of education;

(v) Instruction through minority languages at the Secondary stage of education;

(vi) Advance registration of linguistic preference of linguistic minority pupils, and inter-school adjustments;

(vii) Provision for text-books and teachers in minority languages;

(viii)Implementation of Three-Language Formula;

(ix) Place of minority languages in matters of recruitment to State services;

(x) Setting up of proper machinery for implementation of safeguards for linguistic minorities at the Zonal, State and district levels;

(xi) Issue of Pamphlets in minority language detailing safeguards available to linguistic minorities.

During my visits to States and UTs I have sensed a simmering discontent amongst the speakers of minority languages, particularly in border areas of States and also amongst tribal/ethnic groups, many of whom feel that not enough is being done for the development of their language and script. It is time we woke up and understood the logic of linguistic and cultural pluralism in handling linguistically sensitive areas.

... I am pained to observe that while dealing with us many of the States just adopt a pedestrian approach and their approach is casual to a fault. First, they do not reply to the questionnaire of the CLM, despite repeated reminders at such a high level as the Chief Minister and Chief Secretary. When they do reply, it is after much delay. Not only this, they often supply half-baked information. They state something this year and then next year they just state the opposite. From my two years of experience I can say that the manner in which they treat the information solicited by the CLM is often very casual and slip-shod. Our work remains hamstrung by such an unresponsive attitude.

Each State and Union Territory is supposed to nominate a senior officer as the Nodal Officer for liaisoning with the CLM and supervise the implementation of safeguards for linguistic minorities ... Many States do not make any such appointment. When made, often such appointments are at a very low level ...

Coming to the implementation aspects of the Scheme of Safeguards for linguistic minorities, I feel, much is left to be desired ... The right to education through mother-tongue at the Primary stage of education is a safeguard of vital importance for linguistic minorities ... However, the scheme of safeguards agreed to at.the all-India level restricts instruction through mother-tongue to cases only where a minimum of 10 students in a class are available.

This deprives that section of linguistic minority students who are less.than 10 in number. This provision, therefore, requires to be reviewed. Moreover, this provision of 10 students in a class depends entirely on the scrupulous maintenance of advance registers in the schools (which) leaves much to be desired ..

... Till now 33 Annual Reports have been presented. This is the 34" in the series. But unfortunately Annual Reports of the CLM one after another are simply presented to the President, laid in the Parliament often with no discussion and then shelved to gather dust. The recommendations made meet but a casual look, are rarely taken note of and are hardly ever acted upon by many of the' States and UTs who are the actual implementing agencies. This is so because the Institution of CLM is spineless ... The CLM has no administrative powers, what to speak of judicial or even semi-judicial powers. So obviously ... cannot take any action against any body for non-implementation or serious lapses in implementation of the Constitutionally enjoined scheme of safeguards for linguistic minorities ...

Primary Issues

a) That the State Governments and UT Administrations be sensitised to accord the required priority to linguistic issues and adopt a more responsive approach towards the speakers of minority languages ...

b) That another Chief Ministers' Conference with Prime Minister as Chairman be held to review the entire gamut of the scheme of safeguards for linguistic minorities ... The establishment of a permanent and viable machinery to monitor effective implementation of safeguards for linguistic minorities is absolutely essential ...

c) The institution of Nodal Officer needs to be effectively strengthened. He may be appointed in consultation with the CLM ...

d) That the role of the Union Government in protecting the rights of linguistic minorities be augmented by creation of a separate Wing headed by a Joint Secretary in the Ministry of Social Justice and Empowerment with the specific objective to constantly study and review the language policies of the States and Union Territories ... Any change in the language policy be considered only in consultation with the.CLM.

e) That the Three-Language Formula be thoroughly reviewed.

f) The problem of script for tribal languages be endeavoured to be sorted out ...

g) That the Department of Education, Ministry of HRD may hold regular meetings/conferences/seminars: on languages and scripts with full participation of the CLM. ..

h) That the Government of India establish a.Linguistic Minority Commission on the lines of the Minorities Commission ... and vest it with judicial, semi-judicial and administrative powers and authority.

i) That the headquarters of the CLM Organisation be shifted from Allahabad to Delhi ..:

j) That the Gujral Committee Report on Urdu as a linguistic minority needs complete implementation.

Secondary Issues.

.. Unfortunately, the concept ot minority is made to be religious. But language has nothing to do with religion at all. Any attempt to link or identify any language with a particular religion or community has, of necessity, to be discouraged because language belongs to the people and people alone.

Linguistic harmony in a multi-lingual society can be an effective step towards political stability and social cohesion. It is only a definite linguistic policy and planning that can define the role of language in socio-economic development as also the. administrative and political relations of the citizens ..

It needs to be realised that lack of a definite language policy and planning can lead to a disturbing situation ... I have sensed a peculiar kind of situation where due to the linguistic hegemony of majority language speakers, the linguistic minorities are getting restive and are making conscious efforts to protect their language, script and entire cultural folklore ...

M.T. as Medium of Primary Instruction

Shahabuddin's Letter to Hindustan Times, 27 April, 2000

Your editorial "Yes for English" (25 April, 2000) confuses between the teaching of English and its use as medium of instruction. I feel that the Mother Tongue, as declared by the parents, should be the medium of instruction at the primary level. All children should be taught English as a language from Class V onwards, while Tamil may be introduced for non-Tamil children from Class III. Tamil children may learn any minority language of the State from Class III. This would give equitable  academic space not only to English but to all minority languages in the State of Tamil Nadu like Hindi, Urdu, Telugu, Kannada and Malayalam.