LAW AND LANGUAGE NOTES

TABLE OF CONTENTS

Prof Uma’s Part: ......................................................................................................................................... 1

Reading 1: Linguist on the Witness Stand: Forensic Linguistics in American Courts, by Peter Tiersma
and Lawrence Solan. .............................................................................................................................. 1
Class Discussion: ............................................................................................................................. 5
Reading 2: Conflict between Law and Language Policy in Education: Deliberations of Indian
Supreme Court - by Prof. E. Annamalai................................................................................................. 6
Reading 3: Discursive Discrimination and its Expressions - Kristina Boreus ..................................... 16
Reading 4: Four Conception of Linguistic Disadvantage - Andrew Shorten ....................................... 18
Class Discussion: ........................................................................................................................... 20
Reading 5: Languages, Inequality: Double divide in indian Multilingualism - Ajit Mohanty, JNU .. 21
Prof Manohar’s Part: ............................................................................................................................... 23
Reading 1: Andhra Movement - B. Pattabhisitaramayya ..................................................................... 23
Class Notes: ................................................................................................................................... 24
Reading 2: Thoughts on Linguistic States - By Dr. B.R. Ambedkar.................................................... 25
Reading 3: Thoughts on National Language - By Gandhi ................................................................... 28
Class Discussion: ........................................................................................................................... 28
Reading 4: Banish English - Ram Manohar Lohia ............................................................................... 29
Reading 5: Federalism III, The Indian Constitution, Cornerstone of a Nation - Granville Austin: ..... 32
Reading 6: The Madras Anti-Hindi Agitation: 1965 by Duncan B. Forrester ..................................... 33

Prof Uma’s Part:

Reading 1: Linguist on the Witness Stand: Forensic Linguistics in American Courts, by Peter Tiersma and
Lawrence Solan.

Context:
Language Crimes: Examples - Defamation, Hate Speech
Forensic Linguist: Can ‘words’ help in truth seeking and consensus building. Not a study of death buidlings. Not
the study of languages.
It is the application of linguistic knowledge to legal matters. It covers all areas as where language and law
intersect.
Legal Matters: - Testimony/Statements - Law Enforcement -
-Procedural Justice - Legislation Debates and Interpretation [Discrimination and Advantage]
- Judicial Matters - Participation and Access (Justice) [Accomodation]

Law and Language Notes - Ravi Pahwa

Concerns of FL: - Legal Language - Language in the legal process
- Judiciary waand Executive - Language concerned with evidence.
Work Areas of FL:
Text Types: suicide letters, ransom notes, terrorist mails, Harassment and Abuse, anything that has language
(signs); calls/messages, notes hate speech.
Modality: Video, Audio, Written source like facebook, instagram, twitter.
Teleology: explanation of a phenomenon in terms of the purpose they serve rather than cause by which they arise.

Reading:
Issues on which a linguist has been able to testify:
- Probable origin of a speaker
- Comprehensibility of a text
- Whether defendant understood miranda warnings
- Phonetic similarity of two competing trademarks.
Where linguist testimony is controversial:
- Author and speaker identification
- Discourse analysis (qualitative and interpretive method of analyzing texts, the interpretation based on
speech)
- Meaning of legal texts
- Comprehensibility of jury instructions.

100 published opinions mentioning linguist’s testimony. Reasons for actual number being high:
1. Only certain types of testimony occur virtually without controversy and thus addressed in an appellate
opinion.
2. The linguists by themselves are active in the legal system
3. Number of published appellate opinions is quite small in relation to actual cases heard.
Argument of the authors: courts are receptive to testimony in certain kind of cases but not in all, especially
when it conflicts with deeply entrenched principles of the legal system.
2 things to rectify: 1. Courts to reexamine its long standing tenets; 2. Expert testimony needs to be tailored to
meet legal needs.

1. Admissibility of Expert Testimony in American Courts:

A. Initial standard - Frye Test. (from frye v. united states, 1923) applicable for 50 years. The
standard: the subject matter of testimony must be sufficiently established to have gained general
acceptance in particular field in which it belongs.
B. In 1975- Rule 702 of Federal Rules of Evidence that required deference to an expert of scientific,
technical and specified knowledge.
C. Daubert Standard: The reasoning must be scientifically valid. 4 non exclusive criteria to
determine scientifically valid:
i. Theory offered to be tested
ii. Must be subject to peer review and publication
iii. known rate of error
iv. Whether theory is generally accepted in scientific community.

Law and Language Notes - Ravi Pahwa

2. Expert linguistic evidence in the American Legal System
As a general rule, linguist expert testimony should be admitted in Court following both frye and daubert
standard. The controversies in the field of linguist wouldn’t effect the actual value of testimony as most
controversies are tangential. Examples of linguist testimony:

2.1 The meaning of Languages other than American English

- State of Idaho v. Tinno: linguist expert was allowed to testify that Shashone might have understood the
english term hunt in a treaty. For them it would refer to collecting food in general and wouldn’t be able to
distinguish between hunting and fishing,
- Doctor testifying as medical lexicographer.
- Expert testimony for specialized languages like argot and code. (usually law enforcement officials) Class
Example: ICC Complaint of a company by a male employee against senior women manager. Coded
innuendos being held as sexual harassment.

2.2 Dialectology
Experts testifying on various dialects of languages.
Ann Arbor Case- Black English Vernacular.

2.3 Comprehensibility and Readability

- Courts usually allow experts on language to testify when it comes to issues concerning
comprehensibility/readability of texts.
- Testimony concerning comprehensibility of legal documents is acceptable.
- Rare case: allowing expert testimony on comprehensibility of jury instructions. Case: James Free (US v.
Peters). Trial court on challenge to death sentence to Free, after expert testimony concluded that jury
didn’t understand instructions; however it was reversed by appeals Court.

2.4 Linguistic Proficiency

- Linguistic proficiency of a person, for ex. Defendant not understanding miranda warnings.
- People v. Smith- the person requested for lawyer but wasn’t understood, making his interrogation illegal.
- However, how much the Court relies on the testimony of the expert depends on the judge.

2.5 Linguistic Issues in Trademark Cases

- Critical question- whether two existing trademarks are deceptively similar (phonetically)
- Mc in Mcdonalds is distinctive and tied to Mcdonalds chain. Thus, Mcdonalds entitled to protect its
morpheme from being used. Quality Inns International Inc v. Mcdonald’s Corporation.

3. Problem Areas: Judicial Reluctance to Admit Expert Testimony by Linguists

Courts have shied away from relying on expert testimony in all cases, because they don’t always satisfy
the frye and daubert standard.

3.1 Disputed Authorship

- Murder investigation of Jon Benet Ramsey. No clear consensus on letter.
- Court has already held- Forensic Linguistic Method of handwriting and stylistic Analysis- deemed of
questionable authority.

Law and Language Notes - Ravi Pahwa

 - Rather held that jury could reach its own conclusions from samples provided without assistance of
experts.
- Author Comments: have special problem with this categorisation as the reason for not including forensic
testimony is because expert is unable to form a definitive opinion. In light of this, allowing jurors who
have absolutely no experience make their own judgements is irrational. Experts should be relied upon to
set baseline standard.
- Final Solution: linguists and legal community to work together and develop techiniques from which
reliable inference about authorship could be drawn and accepted in Courts.

3.2 Phonetics and the Problem of Speaker Identification

- Application1: Deciphering and enhancing speech on tape and other recordings.
- Author’s view: Experts should be allowed as they have relevant skills and can help decipher sounds.
Shouldn’t be left solely to lay persons of jury.

- Application2: Voiceprints: to identify a tape-recorded voice as belonging to a particular speaker.

Reliability is mixed. The Courts in America have given mixed rulings on the efficacy of voiceprint
analysis.
- Those Courts which rely of Frye- liable to hold voiceprints- unacceptable. Those Courts which rely on
daubert – likely to hold voiceprints acceptable. Reason: general acceptability requirement under frye.

- Paradox: a better field of study, critiques itself more and as a result, less consensus which will make the
Court more Sceptical to admit as testimony. The less a field understand itselfs, the less critique and more
agreement, will result in Court having positive impression of the field and thus relying on it.
- Example: Bite Mark analysis- less scientifc and quantifiable, but even then admitted in Court as compared
to phonetics.

3.3 Discourse Analysis

- Appellate Courts highly reluctant to include discourse analysis in Courts. Because it has not been proven
reliable or received general acceptance in scientific community.
- Discourse analysis allows the speaker to determine actual intent of the speaker in a covertly recorded
conversation.
- Certain judges have felt that relying on discourse analysis might confuse the jury as they are helping
interpret ordinary english, which already every juror is capable of.
- Author’s view: Believes in limited use of discourse analysis in the legal system. Linguists can help point
out distinct markers and patterns in speech and better equip jury to draw their own inferences based on
linguistic analysis.
- Meanwhile, discourse analysis should also focus on empirical studies to gain more acceptance.

3.4 Meaning of Contract and Statutes

- Couts have given linguistic expertise on meaning a mixed reception. Judges are the only interpreters of
statues. As for contracts- if a judge finds them ambiguous, it is for the jury to decide which of the
ambiguous interpretations are correct.
- Interpretation is a legal matter and not for the linguists to decide. Courts are also worried about usurping
the role of jury.

Law and Language Notes - Ravi Pahwa

 - The linguist’s interpretation is not very important. Judges and jurors as speakers of the language, can use
their own intuitions to interpret language.

3.5 Politics and Comprehensibility of Jury Instructions

- Robert and Veda Charrow Study: showed that jury instructions in several cases are not understood.
- Cases of Free v. Peters + Gacy- challenged the death penalty on grounds of improper instruction to the
jury. Both the appeals were rejected.
- Reasons: these judicial reactions reflect not just legal, but systematic and political concerns. From the
perspective, of the criminal justice system, these challenges to jury instructions, would open the door to
upturning several convictions. Could undermine faith in jury sytem and criminal justice system as a
whole.
- Also seen by judges as delay tactics

4. Conclusion
- Where courts feel threatened by linguistic testimony, they will less likely to accept linguistic expertise
when it challenges longstanding institutional roles.
- The jury for example, further shows explains reluctance of courts to allow experts in discourse analyists
to draw interferences relating to a speaker’s intent. These functions are reserved for jurors in a legal
system.
- Courts ought to allow linguists to explain to juries relatively noncontroversial aspects of how
conversations operate, even if they insist on leaving ultimate questions of speakers' intentions entirely to
the jury. Similarly, Courts should allow linguistic experts to comment on the range of meanings of
statutes and contracts when that testimony can be helpful in understanding the evidence and structuring
the debate between the parties.
- The law concerning the use of experts in both voice identification and author identification is in serious
need of improvement. Here, the linguistic and legal communities might work together.

Class Discussion:
1. How do we understand ‘language’ in language evidence and language crimes.
- Locution- what is said and what it means
- Illocution- what is its intent
- Perlocution- what is its effect
Example: “Even Karupaswamy has forsaken us.” Statement made by a 64 yr old woman. A statement that may
mean something in literal sense. (karuppasamy=god), however, in the cultural context, it means welfare state, and
its effect is a statement and question on the persistence of caste + untouchability.

2. What does ‘scientifc’ mean and what counts as ‘being scientific’ in the court?
Frye Standard: 1. Established practice and 2. Generally acceptable within the community.
Zone of Proximal Development: developed by Lev Vygotsky. His work was not published because of
translation inaccess. Only posthumous recognition. (not always acceptable)
Richard Ruiz- another theorist who was not recognised until after his death.
What is ‘legally scientific’?- evolution of standard. Now duabert’s 4 conditions hold sway.

3.

Law and Language Notes - Ravi Pahwa

Literature: Two types: Grey Literature and Fugitive Literature.
Grey Literature: Literature limited to Powers that are. Access to it is limited. Not or public eyes.
Fugitive Literature: Banned Literature. Example: Ismail Besikei: Turkey Sociologist who wrote on Kurdish
Population in turkey. Only 3 books of his remain published. All rest are banned.
Ainu People: Japanese indigenous people. Cultural genocide by Japan in 1970s.
Cases:
- Gaurav Jain v. Hindustan latex Family Planning & Promotion Trust, 2015
Case of Sexual Harassment in an company. Terminated on the basis of intended sexual harassment
complaint.
- Nidhi vs. State of Maharashtra
A girl committed suicide, but her father didn’t accept that fact and it took 45 years for the truth
commission to say that she was killed. (9 such commissions were made).
- Noida Kidnapping Case: 2 girls kidnapped and later rsuced, heard innuendos of rape threats. The police
failed to establish that there was threat of rape as the lingo of threat was very different
- Divya v.
Defamation case filed against a documentary showing manual scavenging by lingayat and other brahmin
communities. - Kakkos.
- Frye vs. United States
A black man was arrested for murder and robbery. One Harvard student didn’t believe him. He invented
the lie detector test machine.
- Daubert v. Dow Pharmaceuticals, 1975
Necessary and sufficient condition to prove birth defects due to benedictin.
Other steroids given to pregnant women were necessary but not sufficient to prove birth defects.

Reading 2: Conflict between Law and Language Policy in Education: Deliberations of Indian Supreme
Court - by Prof. E. Annamalai

Policy: a set of principles based on an ideology that guides a pattern of behavior to achieve a goal.
It should include an object that is the target of behavior and a domain for the behavior to achieve the specified
goal. The object is language and the domain is education in the case of language policy in education. In policy
formulated to affect language choice in the domain of education, goals include language-related issues such as
language development and enhancement of language status (or the reverse) as well as political concerns such as
nation formation, conflict avoidance in a multilingual society, democratic governance of the country, effective
communication in society, business and professions, and economic development of individuals and the country.
Language policy in education basically relates to two issues: language of medium of instruction and languages to
be taught as subjects
The basic questions that courts look into when a language policy in education is challenged is whether duties of
the State and the rights of the citizens conflict
In Madras State:
The DMK in power removed Hindi from the Three Language Formula in Tamil Nadu in 1968 by the same
resolution on medium of education mentioned above. The policy of three languages in schools became a policy of
two languages in the state. A perception of the advantage of English began to strengthen in the minds of the

Law and Language Notes - Ravi Pahwa

people and this perception was augmented by the growing dominance of English internationally, which included
the domain of higher education
Legal Challenge: end- The Court gave precedence to the rights of citizens over responsibilities of the State. That
the sovereignty of individuals is more sacred than the power of the State is a good legal principle. But one could
argue that ensuring public good is the responsibility of the State.

Karnataka Case
The legislature of Karnataka adopted a policy that every student in secondary school must learn Kannada as the
first of the three languages in the curriculum to graduate from school and Kannada will be taught as a language
from class 1 for students whose mother tongue is not Kannada. This policy was challenged by the English
Medium Students Parents Association
Held: This Court upheld the modified Order, which was read as not imposing discriminatory burden or
compulsion. It contended that a student studying in Karnataka needs to know the regional language (which is the
official language of the state) and conceded that the ‘the State knows how best to implement the language policy’.
In other words, the State has the power to implement a policy of language in education as long as it is not in
conflict with law.

2nd case: The Court chose to define mother tongue from the point of view of the Constitution, which mentions
mother tongue only in the context of linguistic minorities. There is no constitutional mandate to use the rest of the
mother tongues as medium. There is however a resolution of the Conference of Chief Ministers soon after
Independence for mother tongue medium for all, which the Govt. of India accepts as its policy. The court does not
give credit to this because it is not in the Constitution
The High court of Karnataka used the argument that the right to education for citizens provided in the
Constitution extends to the right to choose the medium of instruction. The Supreme Court rejects this argument,
but argues that the right to freedom of expression extends to the right to choose the medium. Freedom of
expression includes giving and receiving information and the parents could choose any language to receive
information / knowledge in schools. This is a unique interpretation of freedom of expression. The Court does not
take into cognizance whether the alien language (e.g. English) medium makes the students silent in the classroom.

Class Discussion:
Minorities: 1. Ethnics 2. Linguistic 3. Religious
1. Discourse —-> Judiciary (Judicial Intervention) —------> Counter Discourse
Judicial intervention results in counter discourse
2. Govt Policy can rage from: Tolerance ←—-------------> Promotion [ the space in the middle is
filled with grey areas)
3. Policy brought in favour of one can be unfavourable to another. (Arundhatiyar Community (SC) - 3%
reservation in employment is favourable to one but is against public in general)
Govt Policy

Construction Conversation Constraints

Metaphor of Conveyor Belt: if we sit idle, the ideology will take us forward. There will be people who are making
it go faster. You can’t just sit idle, otherwise you are just moving in their direction. We have to walk in opposite
direction.

Law and Language Notes - Ravi Pahwa

Court’s possibilities:
1. Uphold and enforce govt’s positon
2. Court’s can co-construct along with the state
3. The courts can demolish the state’s interest.
4. The Courts ‘buy-time’. Neutral mode. Status-Quoist approach which benefits mostly the State. (for ex.
Rangmatia slum rehabilitation in bhubaneshwar, odisha.- the court went a status-quo mode, which
benefitted slum dwellers in the interim.)

Cases: Each of these cases bring certain discourse to the Court, on which the court adjudicates and intervenes,
thus making counter discourse.

1. Tamil Nadu Tamil and English School Association v. State of Tamil Nadu, 2000 MadHC:

Government appointing committee with regard to introductions of Tamil as medium of instruction —

Government accepting report and directing introduction of Tamil/mother tongue as medium of instruction
at primary level — Government not considering consequences of individual schools not opening various sections
in each standard with different languages as medium of instructions — Government not even considering
availability of schools to teach students in respective mother tongue — Government accepting report of committee
which has failed to consider all relevant materials — Such report of committee cannot form basis of Government
decision to introduce Tamil as medium of instruction — Committee not taking note of fact that children with mother
tongue which is not Tamil are in considerable number in State and consider their future if Tamil/mother tongue is
interdicted as medium of instruction — Failure on part of Government to consider whether study in mother tongue
would affect career prospects of children — Failure to take into account relevant and important aspects either by
committee or by State — Such omissions would vitiate decision of Government to introduce Tamil as medium of
instruction.

Mother tongue — Government taking policy decision to introduce Tamil/mother tongue as medium of instruction
at primary level in Matriculation Schools — Government taking such decision on basis that tongue of mother is
mother tongue of child — Counsel appearing for State conceding that mother tongue of child is one which child is
familiar with and it need not be tongue of mother or father — Concept of mother tongue as understood by
Government is given go bye by pleas put forth before Court by Government's Counsel— Government order is
arbitrary and suffers from nonapplication of mind.

Declaration of Human Rights (Convention on the Rights of Child) — Constitutional provisions must receive broad
interpretation unless context otherwise requires — Constitutions should be interpreted to enable all citizens to enjoy
rights guaranteed by it in fullest measure subject to permissible restrictions — Accepted International convention
recognising right of parents to choose kind of education that shall be given to their children and Supreme Court

Law and Language Notes - Ravi Pahwa

described education to children as pivotal rights of parents in democratic country — Such fundamental right should
be allowed to be enjoyed in its fullest measure — Article 350-A does not restrict such right in any manner as it
imposes only obligation on State and nothing more.

Constitution of committee by Government in response to demand by Tamil Sandror Peravai — Arbitrariness in

constitution of such committee. Committee consisted of five members — One member proclaiming openly that he
would undertake fast unless demands of peravai are met — Inclusion of such person in committee was bad —
Scholars in Telugu, Kannada and Malayalam not included while representative of Tamil Scholar alone included —
Government proposing to introduce Mother-tongue as medium of institution failed to act fairly as scholars of those
languages of adjoining State are not nominated to committee — No representative of Board of Matriculation
Schools which was established while taking control over Matriculation Schools nominated in expert committee
Government ought to have nominated some members representing minorities, child psychologist and Neurologist
— Constitution of committee was not accordance with acceptable standards and norms as there were no
representatives of minorities and Board of Matriculation Schools who are really concerned or affected.

Government passing an order introducing Tamil or Mother-tongue as medium of instruction in Matriculation

Schools at primary level — Government order not applicable to Anglo Indian Schools — English is not mother
tongue for all students studying in Anglo India Schools — Government order directing Matriculation School to
impart education in Tamil/Mother-tongue but not applying same principle to Anglo Indian Schools is violative of
Article 14 and arbitrary — Government Order is liable to be struck down.
Right to education being fundamental right also includes right to choose medium of instruction and it can be
exercised by parents on behalf of their children — Primary education could be in mother tongue if that happens to
be choice of parent — Government order introducing Tamil/Mother-tongue as medium of instructions at primary
level infringes such fundamental right and is liable to be quashed.
Government order directing Matriculation Schools to import education in Tamil/Mother-tongue is not regulation
but restriction on fundamental rights of minorities conferred by Article 30(1) and is liable to be quashed.
Mother tongue — Mother tongue should be understood to only mean language with which the child is most
familiar with — It is not the tongue of mother.

2. V.K.Javali v. State of Mysore and Ors., 1966, SC:

Facts: the petitioner was a govt servant and made a speech at a convocation event. The speech advocated
for continuing regional languages at schools and universities as required by the Const. And advocated for
Kannada to take precedence over hindi. The speech was published in a local newspaper and departmental
proceedings were initiated against the petitioner for allegedly undermining the relations and policy of the
govt with its people. The petitioner claims that the newspaper distorted his speech and any subsequent
proceedings against him are based on false facts. A departmental enquiry had ruled in favour of the
petitioner, however he was still given punishment.
Held: three grounds for punishment of the accused.
1. Speech was made without prior approval of the Director of Education- the petitioner had general
permission to make speeches which would cover this as well. Hence, objection without substance.
2. Speech made in contravention of Rule26(a) of service rules and affects relation b/w state and
people.- held: not sufficient ground and evidence produced by state to prove this claim. Claim not
covered under rule 26(a).

Law and Language Notes - Ravi Pahwa

 3. The view expressed (medium of education - regional language in college) is against the policy of
Govt. held: In our opinion, therefore, having regard to the time and place at which the speech was
delivered and the surrounding circumstances, and having regard to the material produced before
us, it is impossible to escape the conclusion that the grounds set out in support of the impugned
order passed against the petitioner cannot by any stretch of imagination be said to take his case
within Rule 26(a).
Our conclusion, therefore, is that the impugned order of punishment passed against the petitioner is not
supported or justified by Rule 26(a) and is even otherwise outside Article 19(2) and as such unconstitutional
and invalid. In the result we hold that the petitioner is entitled to the relief claimed by him on this narrow
ground.

3. Chebrolu Leela Prasad Rao v. State of Andhra Pradesh, 2020,SC

5-judge bench of the Supreme Court heard a challenge to the validity of the erstwhile Andhra Pradesh
Governor’s Office Memorandum 3 of 2000. This office memorandum provided 100% reservation to
Scheduled Tribe candidates for teaching positions in schools located in the scheduled areas in Andhra
Pradesh. This office memorandum was challenged before the Administrative Tribunal (‘Tribunal’) of
Andhra Pradesh, which quashed the same. Aggrieved by the order of the Tribunal, the scheduled tribe
teachers preferred writ petitions before the Andhra Pradesh High Court. A three-judge bench of the Andhra
Pradesh High Court rejected the challenge to the office memorandum. Aggrieved by the Andhra Pradesh
High Court’s judgment, non-scheduled tribe teachers preferred an appeal before the Supreme Court.
Issues Framed: 1. Whether 100% reservation is permissible under the Constitution?
2. Whether the notification merely contemplates a classification under Article 16(1) and not reservation
under Article 16(4)?
Arguments for Petitioner:
Providing 100 percent reservation is not allowable in respect of any particular or category to the
total exclusion of others. Under Article 16 of the Indian Constitution, the reservation set should not
exceed the limit of 50 percent. It is unreasonable and unfair justifying 100 percent reservation for
the Schedule Tribes and excluding the others in the schedule area.
The government’s order would be counterproductive to the point of the Indian Constitution in
giving protective enactment and the central purpose of the reservation is to bring in the
disadvantaged classes into ordinary society. The fact that tribal students will be taught by the tribal
teachers in the scheduled areas will result in compromising the merit and quality of education of
the tribal students and will put the tribal children at a disadvantage.
Arguments for Respondent:
Special classifications are created by the Indian Constitution and the normal rule of 50 percent
reservation can be eased in relevant cases that have been precisely done by the governor. The
reservation was made due to the presence of discrimination, disadvantage, and to share the state
power.
Held: The Supreme Court allowed the appeal and invalidated the Government Order SC invoked the 50%
outer limit for reservations laid down in the case of Indira Sawhney v UoI and held that 100% reservation
is not permissible under the Constitution. It stated that the non-obstante clause in Paragraph 5(1) of
Schedule V cannot be read in a wide manner such that it overrides fundamental rights. Further, it stated that
the notification cannot be treated as a classification under Article 16(1). Once reservation has been provided

Law and Language Notes - Ravi Pahwa

to Scheduled Tribes under Article 16(4), no such power can be exercised under Article 16(1). Hence, the
notification was deemed to be violative of Articles 14 and 16(4) of the Constitution of India.

4. English Medium Students Parents Association and Ors. v State of Karnataka and Ors., 1993,
SC
Facts: impugned G.O. allegedly makes study of kannada language compulsory in primary schools for
linguistic minority children and schools -from 1st to 4th standards mother tongue will be medium of
instruction and only one language from Appendix 1 will be compulsory - in accordance to Article 350-A
kannada will be an optional subject for which no exam will be held at end of year. in Kannada language
From fifth standard level onwards second language introduced Child not taking Kannada as a first language
required to take it as a second language - At the secondary stage three language formula introduced In cases
of non-Kannada
Held:
1. Argument: Constitution of India -Arts. 29 & 30 violative.
All educational experts are of the opinion that pupils should begin their schooling through the
medium of their mother tongue. There is great reason and justice behind this. Where the tender
minds of the children are subject to an alien medium the learning process becomes unnatural. It
inflicts a cruel strain on the children which makes the entire transaction mechanical. Besides, the
educational process becomes artificial and torturous. The basic knowledge can easily be garnered
through the mother tongue. The introduction of a foreign language tends to threaten to atrophy the
development of the mother tongue. When the pupil comes of age and reaches the 5th standard
level, the second language is introduced. The child who has not taken Kannada as a first language
is required to take it as a second language. At the secondary stage the three language formula is
introduced. However, in cases of non-Kannada speaking students grace marks up to 15 are
awarded. Certainly, it cannot be contended that a student studying in a school from Karnataka
need not know the regional language. It should be the endeavour of every' State to promote the
regional language of that State. In fact, the Government of Karnataka has done commendably
well in passing this GO Therefore, to contend that the imposition of study of Kannada throws an
undue burden on the students is untenable. Where the State by means of the impugned GO
desires to bring about academic discipline as a regulatory measure it is a matter of policy.
The State knows how best to implement the language policy. In the matter of policy the
Court should decline to interfere.
2. The sting of the earlier GOS and orders was the element of compulsion especially the
children belonging to linguistic minorities from the first year of the primary school
making Kannada as the sole first language in the secondary schools. Such a provision is
violative of Articles 29 and 30 of the Constitution.

5. Hindi Hitrakshak Samiti and Ors v. Union of India and Ors., 1990, SC
Facts: Request to issue a writ of mandamus directing the Central Government to hold pre-medical and pre-
dental entrance examinations in Hindi and other regional languages as, according to the petitioners,
mandated by Article 29(2) of the Constitution of India. The petition is by nine petitioners. Petitioner 1 is
Hindi Hitrakshak Samiti which is stated to be a society formed with the aim and object of propagating and
ensuring the propagation of the national language Hindi and other regional languages; and to further the

Law and Language Notes - Ravi Pahwa

 cause of the citizens of India who are educated in any one or more of the languages and who face difficulty
in competitive examinations in which the medium of examination is English only.
Arguments by Petitioner:
- survey by National Council for Educational Research & Training (NCERT) which, according to
the petitioners, showed that out of the students passing intermediate, about 92.5 percent take their
examination in Hindi and other regional languages.
- Kothari Commission's report on Civil Services Examination had recommended that the
examination papers be set both in English and Hindi and the examinees should have a choice of
answering them in English, Hindi or any of the 15 regional languages constitutionally recognised.
It was stated that it was also noteworthy that the Kothari Commission's report had recommended
that Hindi and other regional languages in Universities would be necessary in order to make use of
the best potential available in the country.
Held:
- Prayer sought herein cannot be properly and legitimately dealt u/a 32 of the Consti.
- Article 32 of the Constitution of India guarantees enforcement of fundamental rights. It is well
settled that the jurisdiction conferred on the Supreme Court under Article 32 is an important and
integral part of the Indian Constitution but violation of a fundamental right is the sine qua non for
seeking enforcement of those rights by the Supreme Court. In order to establish violation of a FR,
the court has to consider the direct and inevitable consequences of the action which is sought to be
remedied or the guarantee of which is sought to be enforced.
- Claim of the petitioner regarding violation of art. 32, - It is difficult to accept that not holding an
entrance examination in any particular language, be it Hindi or regional language, amounts to denial
of admission on the ground of language. Every educational institution has the right to determine or
set out its method of education and conditions of examination and studies provided these do not
directly or indirectly have any casual connection with the violation of FRs.
- It is a matter of formulation of policy by the State or educational authorities in charge of any
particular situation. Where the existence of a fundamental right has to be established by acceptance
of a particular policy or a course of action for which there is no legal compulsion or statutory
imperative, and on which there are divergent views, the same cannot be sought to be enforced by
Article 32 of the Constitution. Article 32 of the Constitution cannot be a means to indicate policy
preferences.
- Court is not the forum to adjudicate upon the question of policy unless such a policy is the direct
mandate of the const.

6. Usha Mehta and Ors. v. State of Maharashtra, 2004,SC

Discourse: - any govt policy affecting language policy leads to:
- 3 lang. Policy is burden some on minority children.
- Affects equal opportunities access as it hampers STEM opportunities for minority
children.
- Summary of Discourse: Language quest. + Child development. (overburden) + Lang.
Policy (Modification) + Eq. Opp. Learning —-----> leads to differential treatment and
discrimination. Court’s counter-discourse = anti-national, secession, reductive approach
to a child’s participation in democracy.

Law and Language Notes - Ravi Pahwa

The case Usha Mehta and Others v. State of Maharashtra is an important legal ruling regarding the right of
minorities to establish and administer educational institutions of their choice. This right is protected under
Article 30(1) read with Article 29(1) of the Indian Constitution. The Supreme Court of India held that
minorities have the freedom to establish and manage educational institutions according to their preferences
and traditions
In this case, the Maharashtra State Government had made Marathi language study compulsory in schools,
which was challenged by the petitioners. The court upheld the petitioners' right to choose the language of
instruction in their educational institutions, affirming the importance of protecting minority rights in the
field of education.
Arguments: - Petitioners
1. Violation of Fundamental Right: The petitioners argued that the imposition of compulsory Marathi
language in schools run by linguistic minorities violated their fundamental right to establish educational
institutions of their choice under Article 30(1) of the Indian Constitution. They claimed that this imposition
infringed upon their freedom to choose the language of instruction and was therefore unconstitutional.
2. Choice of Medium of Instruction: The petitioners contended that they have the right to choose the
medium of instruction for their educational institutions, which should not be interfered with by the state.
They argued that the imposition of a regional language as a medium of instruction is against their
fundamental rights, as it hinders the effective dissemination of knowledge and inhibits the quality of
education provided.
3. Conservation of Mother Tongue: The petitioners asserted that they have the right to conserve their own
language, script, and culture. They argued that they should not be obligated to learn or promote the regional
language if it conflicts with the conservation of their mother tongue and the promotion of Hindi and English.
They emphasized that the imposition of Marathi as a compulsory subject undermined their efforts to
preserve and safeguard their linguistic and cultural heritage.
4. Discrimination against Linguistic Minority: The petitioners claimed that the educational policy of the
State of Maharashtra discriminated against students belonging to linguistic minority groups. They argued
that the policy was arbitrary and discriminatory in nature since it imposed a language requirement that
disproportionately affected these minority students and impinged upon their right to equal educational
opportunities.
5. Violation of Other Fundamental Rights: The petitioners contended that the policy decision to make
Marathi a compulsory subject violated various other fundamental rights, such as the right to freedom of
speech and expression, right to practice any profession, right to life, and right to education. They argued
that compelling students to learn a specific language restricted their autonomy and violated their basic
rights.
6. Interference with Basic Structure of Constitution: The petitioners argued that the imposition of Marathi
language as a compulsory subject in their educational institutions was contrary to the constitutional scheme
and rights envisaged in various provisions of the Constitution. They contended that it interfered with the
basic structure of the Constitution by impinging upon the rights of linguistic minorities and encroaching
upon the autonomy of educational institutions.
In summary, the petitioners challenged the constitutional validity of the imposition of compulsory Marathi
language in schools run by linguistic minorities. They raised concerns about the violation of their
fundamental rights, interference with their choice of language in instruction, conservation of their mother
tongue, discrimination against linguistic minorities, violation of other fundamental rights, and interference
with the basic structure of the Constitution.

Law and Language Notes - Ravi Pahwa

Held:
State can impose reasonable regulations on institutions covering Article 30 for protecting larger interest of
State and nation - The "choice" that could be exercised by minority community or group is subject to
reasonable restrictions imposed by State - Evidence to show that Petitioners not prevented from teaching
Gujarati language - Policy decision taken in larger interest as official and common business carried on in
Marathi language in State - Regulation imposed upon linguistic minorities to teach its regional language
held reasonable - Right of minorities to establish and administer educational institutions of their choice
under Article 30(1) r/w Article 29(1) does not include right to have choice of medium of instruction - Held
that it was difficult to read Articles 29 and 30 in such a way to contain negative right to exclude learning of
regional language - Impugned policy decision held to be not violative of linguistic minority rights

The judgment in Usha Mehta and Others v. State of Maharashtra has provided clarity on the constitutional
rights of minorities in establishing and administering educational institutions. It recognizes the significance
of preserving cultural and linguistic diversity in the educational landscape of the country.
The potential implications of the court's decision in the Usha Mehta and Others v. State of Maharashtra
case on the rights of linguistic minorities in educational institutions could include the following:
1. Upholding the policy decision: The court's decision to uphold the Maharashtra state government's policy
to make the study of Marathi language compulsory in schools may lead to the promotion and preservation
of the regional language and cultural heritage of Maharashtra. This could potentially strengthen the
linguistic identity of the majority community and contribute to cultural integration within the state.
2. Preservation of language and culture: By mandating the study of Marathi language, the court's decision
can be seen as a step to ensure the preservation and promotion of the Marathi language and culture. This
could lead to increased awareness and understanding of the linguistic traditions and heritage of Maharashtra
among the students, regardless of their linguistic background.
3. Balancing rights: The court's interpretation of Article 30(1) of the Indian Constitution in this case sought
to strike a balance between the rights of linguistic minorities and the larger interests of the state. While
linguistic minorities have the right to establish and administer educational institutions of their choice, these
rights are subject to reasonable regulations imposed by the state in order to protect the broader interests of
the state and the nation. The court's decision can be seen as an attempt to reconcile these competing interests
and promote cultural integration.
4. Inclusivity in education: The court's decision may contribute to promoting inclusivity in education by
allowing linguistic minorities to study their own language along with Marathi. This can be seen as a
commitment to preserving the linguistic diversity of the state and fostering a sense of belonging among
linguistic minority communities.
5. Potential challenges for linguistic minorities: On the other hand, the court's decision to make the study
of Marathi compulsory may present challenges for linguistic minorities, particularly those who do not have
a strong command of the language. It could potentially impose a burden on these students and could lead
to additional pressure and difficulty in their educational journey.
It is important to note that these potential implications are based on an inference from the given information.
Further research, analysis, and consultation with reliable sources will be necessary for a comprehensive
understanding of the specific implications of the court's decision on the rights of linguistic minorities in
educational institutions.

Law and Language Notes - Ravi Pahwa

 7. The State of Karnataka and Ors. v. The Associated Management of Primary and Secondary
Schools and Ors., 2013, SC
Facts: The Supreme Court by order dated 8-12-1993 in English Medium Students Parents Assn upheld the
Full Bench judgment of the High Court dated 25-1-1989, whereby, the Karnataka High Court had held that
the State Government cannot impose Kannada as the sole first language. By the same judgment, the
Supreme Court also upheld the G.O. dated 19-6-1989. That is because, pending such appeal before the
Supreme Court, the State Government issued a G.O. dated 19-6-1989, prescribing that the mother tongue
shall be the medium of instruction at primary school (i.e. Classes 1 to 4), thus said G.O. conformed to the
Full Bench judgment of the High Court dated 25-1-1989. Further the Supreme Court also did not disturb
the ruling of the High Court, whereby the High Court rejected the claim of English medium schools to
admit converted Christians. After the said decision of the Supreme Court, the Government of Karnataka
passed G.Os. dated 22-4- 1994/29-4-1994. The effect of Clauses 2, 3, 6 and 8 of G. O. dated 29-4-1994 was
that the primary students (Classes 1 to 4) would have limited choice of medium of instruction i.e. either
their mother tongue or kannada language. Thus, English medium schools can only students whose mother
tongue is English. And that all recognised schools who do not recognise the said scheme would be closed
down. The High Court, by the impugned order dated 2-7-2008 in Associated Managements of Primary and
Secondary Schools in Karnataka, partly allowing the appeal Of the writ petitioner therein, quashed the said
Clauses 2, 3, 6 and 8 Of G.O. dated 29-4-1994.
Held: Directing the Registry to place the matters before the Chief Justice for consideration for being placed
before a Constitution Bench, the Supreme Court

8. State of Karnataka and Ors. v. Associated Management of Primary and Secondary Schools and
Ors., 2014, SC: - 5 judge bench ruling.

The Supreme Court of India ruled that a government order that imposed a compulsory language policy for
students in primary education was unconstitutional because it violated the right to receive information in
the manner of one’s choice. The Court, among other things, relied on John Stuart Mill to conclude that
“choice in the matter of speech and expression [was] absolutely necessary for an individual to develop his
personality in his own way.

Facts: On April 29, 1994, the Karnataka government issued a Government Order regarding language policy to be
followed in primary and high schools w.e.f. academic year 1994-1995. An important clause under this new Order
stated that “[t]the medium of instruction should be mother tongue or Kannada … in all Government recognized
schools in classes 1 to 4.” To enforce the same beyond Government recognized schools, the Order “directed that all
unauthorized schools which do not comply with the above conditions, will be closed down.” The Associated
Management of Primary and Secondary Schools in Karnataka challenged this order before the Karnataka High
Court. That Court found this policy violates Articles 19(1)(g), 26 and 30(1) of the Constitution of India. On appeal
before the High Court, the case was referred to the Supreme Court.

Held:
The Supreme Court issued five holdings. Of importance were three issues. The first question regarded the definition
of “mother tongue”. The Court referred to Article 350A, the only provision in the Constitution that uses the
term, to find that it means the inherited language of the individual, being the linguistic minority in a State.
The mother tongue is decided by the parent or the guardian of the child and as per its constitutional meaning,

Law and Language Notes - Ravi Pahwa

it is not necessarily the language that the child is comfortable with. The Constitution nowhere provides that
mother tongue is the language which the child is comfortable with, and while this meaning of "mother tongue" may
he a possible meaning of the 'expression', this is not the meaning of mother tongue in Article 350A of the
Constitution or in any other provision of the Constitution and hence the Court cannot either expand the power of
the State or restrict a fundamental right by saying that mother tongue is the language which the child is comfortable
with. Therefore, State has no power under Article 350A of the Constitution to compel the linguistic minorities to
choose their mother tongue only as a medium of instruction in primary schools.

The second and the most important issue dealt with the choice of a student/parent to choose a medium of instruction
at primary education. The Court held that the word freedom in Article 19 means absence of control by the State,
thereby affording the liberty to choose, subject only to the enumerated restrictions under Article 19(2)-(6). The
Court cited the common ground reached by thinkers like John Stuart Mill and Harold J. Laski on the significance
of liberty, to hold ultimately that “choice in the matter of speech and expression is absolutely necessary for an
individual to develop his personality in his own way …”. [para. 29] After considering the expansionist interpretative
approach adopted by the Supreme Court to the freedom of speech, the Court reiterated the proposition laid down in
Secretary, Ministry of Information and Broadcasting v. Cricket Ass’n of Bengal, that Article 19(1)(a) includes the
right to not just impart but also receive information and education. The Court expressly rejected the argument that
the State may regulate the medium of instruction if it believes that it will be more beneficial to the child, siding on
the lines of liberty of choice.

The third important issue before the Court related to the violation of various fundamental rights by the imposition
of the mother tongue as a medium of instruction. Articles 29 and 30, which reference the protection of interests and
educational rights of minorities, was tested on the anvils of ‘choice’ of language at such minority educational
institutions. Citing D.A.V. College, Bhatinda, etc. v. The State of Punjab and Ors. and In re The Kerala Education
Bill, 1957, the Court preserved the right to choose the medium of instruction in minority educational institutions.
Similarly, with respect to un-aided non-minority schools, the Court found the right to choice of medium of
instruction inherently grounded in Article 19(1)(g), through the words “Freedom” and “any” before the word
“occupation”.

Reading 3: Discursive Discrimination and its Expressions - Kristina Boreus

Othering: the mental distance created between ‘us’ and ‘them’. The less othering, the more identification with the
Others and the more similarity is perceived. The more othering, the larger is the rapprochement and the more
important to the differences between ‘us’ and ‘them’ appear. Although othering is probably very important in
processes of discursive discrimination, it is not necessarily discriminatory. Othering does not in itself imply a
negative stance towards the Other.

Discrimination: as unfavourable treatment of members of a group on account of their membership of that group.
Discrimination is hostile and pejorative. It need not happen in societies and it can be fought. But othering might be
unavoidable.

Methods to do Othering:
1. Using adjectives like nouns
2. By using set of expressions

Law and Language Notes - Ravi Pahwa

 3. By referring to a category by description

Discursive Discrimination: It appears when such treatment takes linguistic expressions (and not, for instance, the
expression of physical violence).
A group ‘membership’ might be alleged: the discriminating part might find similarities between people that these
persons do not themselves consider as similarities, or not as similarities important enough to make them belong to
the same group

Main Types of Discursive Discrimination:

1. Exclusion
When human beings are deliberately excluded from a group, locked out, being deprived of goods of various types,
tends to be generally seen as unfavourable treatment. Discursive exclusion might take several different forms
a. Under-representation: One way is by under representation: films never cast lesbian or gay love stories,
people with visible handicaps are not shown on TV, women, children and the elderly occur much more
seldom than in the real population and so on. According to several media researchers, groups which are
assigned a low social value are under represented in media and
other public discourse
‘Symbolic annihilation’ to cover both the under representation of women found in the television of several
countries and the playing down of women’s importance by trivialising them.
b. Linguistic Exclusion: A common one is when a group is made invisible by being included into a generic
form which only names another group. An often stated example is how women are said to be included in
categories named ‘MANkind’ or ‘men’ or referred to by the so called generic ‘he’. While, in a logical sense,
it is clear that women are part of mankind, this is still a case of exclusion. The very expressions tell us that
the typical, normal, or relevant human is a man. Not only might the reference to a certain group be excluded,
but also its experiences
c. Exclusion by Voices: Members of a certain group are excluded from taking part in a discourse in which
issues of importance for them as a group are discussed. An example from my corpus is the fact that no
individuals classified as ‘mentally deficient’ were heard in the discussion that went on in 1933 in Sweden
on a sterilisation law, despite one of the main target groups being just ‘the mentally deficient’. Such
exclusion is to be seen as unfavourable treatment since people themselves are normally thought to be the
best interpreters of their own interest. This entails that they should have a say in matters of importance to
them.

2. Negative other-presentation
It refers to the ways that an in-group can express that an out-group is inferior. A corpus example
derogative labelling is the use of the term ‘idiot’ for a certain category of people with intellectual handicaps in the
1930s. This was the official term used but, according to contemporary dictionaries, the word had a dual meaning:
it was also used as an insult. The use of a word rooted in language use as an insult to officially refer to a group of
people must be seen as derogatory.

3. Discriminatory Objectification
It takes place when a group of people tend to be discursively treated only as the objects of some purposes of other
agents. Example: Steralization debate in point 1.

Law and Language Notes - Ravi Pahwa

 4. Arguing for Unfavourable treatment of group members
It occurs when some negative treatment other than purely linguistic, particular to the group
in question, is argued for. This aspect of discursive discrimination is important because it has such a strong
connection with discrimination taking place outside discourse.

Case Study: Deaf and Dumb, Othered, Excluded and Derogatively Labeled
DEAF AND DUMB was a set category in the discourse and ‘deaf and dumb’ was an adjective which was regularly
used in the noun-like manner described above
The meaning of ‘dumb’ in ‘deaf and dumb’, seems to be that a deaf child does not spontaneously learn to speak
orally and/or that s/he only learns a ‘defective’ way of speaking. The term ‘dumb’ (‘stum’) was used, despite the
fact that the word in normal language use referred to a complete disability to speak. There are two possible
interpretations of this apparent paradox. Either the word ‘stum’ is a remnant from earlier times when it was believed
that people who became deaf early in life were both deaf and (truly) mute, or the label is the result of a very othering
strategy.
This othering strategy, labelled deaf people as ‘dumb’, something they aren’t.

Class Discussion:
Othering - generic reality. Cognitive activity. Not inherently bad within itself.
Differential treatment is established due to othering. This differential treatment an lead to negative effect, then it
discrimination.
Role of language: using language to talk about language of something.

Reading 4: Four Conception of Linguistic Disadvantage - Andrew Shorten

Linguistic disadvantage is a pervasive feature of all linguistically diverse environemnts. It arises because each
linguistic environment rewards different languages unequally and it cannot be eradicated.
Linguistic Environment: It refers to the ‘linguistic dimensions of the surroundings in which people live’ and
consists in the ‘sum total’ of a society’s ‘demolinguistic and sociolinguistic features’
Thus, it includes the different languages that are used in a space, the number of speakers they have, the extent to
which they are recognised by official institutions and within civil society, the different statuses they have, and the
different functions they are used for.
Language Repertoire’ refers to the range of languages an individual person can speak, read, understand and write,
as well as their various competences in these respective activities.
Just due to the fact, that certain people speak certain languages, it advantages them and disadvantages other, This
disadvantage can be in the form of social, economical prospects, promotion etc. Thus, the language repertoire and
its linguistic environment, will have an unequal impact on the people and the lives they lead.
Aim of the paper: helping policy makers quantify this conception of linguistic disadvantage and take appropriate
policy action.
The content of a person’s language repertoire may influence their opportunities to form friendships and
relationships, to access medical care and other emergency services, to engage with official and commercial
institutions, to negotiate complex social environments or to effectively exercise their social and political rights.

Law and Language Notes - Ravi Pahwa

The difficulty in recognising langauge disadvantage - there is no single common standard which could be applied
to every situation. It is impossible to compare different people with different languages, different preferences, and
different language disadvantage, no way to rank their disadvantage.
There are numerous other contexts in which policymakers may find it beneficial to have a standardised means to
allow them to compare how well people with different language competences fare within a particular linguistic
environment. In order to make decisions about whether addressing some particular linguistic inequality is a priority,
they will also need some way to determine how significant a particular linguistic inequality actually is.
Criteria for a metric of linguistic disadvantage:
1. it should provide a common standard for comparing the situations of people with different
language repertoires.
2. It should also provide a common standard for comparing inequalities with a linguistic dimension against
other social, economic and political inequalities.
What do do about linguistic inequality:
a. What kindśof linguistic inequalities matter
b. A means for comparing these inequalities to other ones
c. When linguistic inequalities demand redress.
4 conceptions of linguistic disadvantage:
1. Inadequate Opportunities for Communication
A person suffers linguistic disadvantage- when- they have inadequate opportunities for communication, because
within their linguistic environment they are only able to communicate with small no. of ppl.
Assumption- a language repertoire which allows more communication with more no. of ppl - is advantageous.
- This disadvantage, treats one’s repertoire as a resource- the value of which depends of the languages the
other people speak within their environment. How to calculate the value of a repertoire?
- Some have suggested Q-value approach- computing the value of a language repertoire by combining the
prevalence of the languages it contains with their centrality, whereby centrality is understood in terms of
the proportion of multilingual speakers who are familiar with at least one of the languages in the
repertoire.
How to address linguistic disadvantage: by learning additional languages, so as to address linguistic repertoire
and increase communicative value.
Short-Comings:
1. Assumes all communicative opportunities are equally valuable- and doesn’t look at the quality of the
communication itself.
2. The approach is unable to find a common standard for comparing inequalities with a linguistic dimension
to other social, economic and political inequalities. Ex: people lacking communication opportunities may
also lack education, thus reducing their access to opportunities.
2. Unsatisfied Preferences
- Asks the extent to which a person’s own preferences are satisfied within their linguistic disadvantage. It
ranks each member of a society according to the extent to which their preferences are satisfied.
- This allows comparison of people on the basis of language repertoire. This approach allows us to compare
inequalities with a linguistic dimension against other, economic and political inequalities.
How to address linguistic disadvantage: by altering the content of people’s language repertoire or by
removing barriers in their linguistic environment.
Objections:
- Problem of external preferences - preferences about how goods and opportunities to be assigned to others.

Law and Language Notes - Ravi Pahwa

 - Problem of adaptive preferences- in which people willingly accept limited opportunities (they might not
rank their disadvantage as higher, as they are satisfied)
3. Diminished Access to Resources
- a person is linguistically disadvantaged within a given linguistic environment either when her language
repertoire enables her to get fewer external resources than average, or when it enables her to get less than
some absolute threshold of external resources. This way, those possessing rare language will be ranked
higher.
- Requires: 1. a means for selecting the resources whose distribution ought to be assessed when making
judgements about linguistic disadvantage. 2. a mechanism for ranking inequalities in those different
resources, so as to make it possible to compare unequal access to, say, cultural products with unequal
access to political office.
- For this, we might compare diff language repertoires according to what they equip other with or on the
other hand, select and rank resources procedurally, without maing any objective value of particular
resources.
4. Capability Deprivation to be and
- Compares language repertoire according to what it equips people to do. Capability is different and more
broader than functioning. Capability is the ability to achieve a functioning, or a combination of
functionings.
- This approach is diff from others- as it proceeds by comparing people’s effective abilities rather than what
they have. This approach incorporates insights - that people might be disadvantaged not only because they
lack particular resources, but also because of the operation of social norms or influence of environmental
factors.
- When applied to the identification and measurement of linguistic disadvantage, the capability approach
draws attention to the ways in which linguistic environments combine with language repertoires to
deprive people of the effective ability to achieve particular (and valuable) outcomes. Captures a wider
range of linguistic inequalities than the third.
- It would be arduous and perhaps impossible to evaluate a linguistic environment by trying to identify
every respect in which it frustrates a person’s real freedom to do or be particular things. Moreover, such
an exercise would be normatively fruitless, since at any given time even the most disadvantaged
individual will likely have the capability to achieve a wide variety of functionings

Class Discussion:
Linguistic Inequality: more external concept as compare to linguistic disadvantage. Linguistic disadvantage is
in the mind and is perceived.
atleast 2 languaging communities and as a result: (language speaking)
- Language environment (linguistic ecology)
- Language Repertoire
- Monolingual Mindset - if govt only recognises one language.
- Multilingual Mindset - for ex. 3-language formula.
Environment + Repertoire + FIT Conundrum = Linguistic Inequality.
Spoken + written langs. heard/read/understood
- Tamil - braille, sign language.
- Sanskrit
(must have legislative recognition)

Law and Language Notes - Ravi Pahwa

To have recognition, it follows that it must have:
- Resources
- Representation - equal treatment or equal treatment with respect?
- Rights
4R Theory oƒLangauge Right - by Pavi Synthen
Chimirala 2023 Paper
- Multi lingual policy
- Official
- Hierarchy within power institutions
- Protectio
- n Oriented MLP
Concerted Cultivation: steps parent take to make their child stand-out

Connecting linguistic inequality to mohanty’s double divide:

- Unequal power relations among languages and language communities
- Unequal access to resources
- Ideologies of homogenization, deficit thinking etc.
Mohanty’s hierarchy:
1. Dominant languages
2. Major national languages (vernaculars)
3. Indigenous, Tribal, Minority and Minortitized (ITM) languages
_________________________________________________________________________________

Reading 5: Languages, Inequality: Double divide in indian Multilingualism - Ajit Mohanty, JNU

Languages don’t appear on their own. As per Skutnaab-kangas, they are not a result of natural death process, done
voluntarily. Disappearence of languaes should be seen as language murder, linguicide or linguistic genocide.
Unequal power relations b/w languages and language communities are fundamental to her linguistic genocide
paradigm.
Discriminatory social, political and economic practices are responsible for the marginalization of some languages,
language shift and loss of linguistic diversity.
A result of structural inequalities in India’s hierarchical multilingualism.
Pros: multilingualism
Multilingualism is usually associated with more brain development. Leads to healthy cognitive development
during childhood.
Connect to sapir-whorf hypothesis.
India’s multilingualism is an exception/deviation from the general norm of language takeover. In India the less
dominant language just loses out to a dominant language and remains limited to circles. People pick up new
languages. Linguistic accommodation is an adaptive strategy.

Cons: Multilingualism
Linguistic inequality is institutionalized in India via the constitutional and statutory recognition of some of the
languages. The discrimination is evident in many other spheres of social, economic, political and economic
activities.

Law and Language Notes - Ravi Pahwa

“Indian multilingualism is a multilingualism of unequals” in which languages are clearly associated with
hierarchy of power and privileges. Domain shrinkage and marginalization of languages to less resourceful
areas as opposed to greater opportunity.
Predatory practices of dominant languages: less dominant powers are pushed out of the domains of power such
as education, official formal use, trade and commerce which are taken over by dominant languages.
large-scale social neglect and discrimination has led to loss of linguistic diversity and impoverishment of
languages around the world.
This leads to a vicious circle of language disadvantage which leads to less dominant language being further
neglected and weak.
India has multilingualism, but only some are of power and privilege.

The power divide and linguistic hierarchy:

Due to colonialism, all south-asian countries have multilingual societies with English at the top.
linguistic double divide: (LDD/DD) two divides. One between elite languages of power and regional languages.
The other between these regional languages and the dominated (bottom-tier) languages.

● In LDD, languages in higher level, push the lower level languages out of significant public domains in a
hierarchical pecking order.
● In the process, there is a progressive, domain shrinkage for most languages in favor of a higher-level
language and the rate of domain loss and marginalization is much higher for the ITM languages at the
bottom of the 3-tier hierarchy.
● LDD leads to deprivation and impoverishment of languages, threats of language shift, and endangerment
and identity crisis for the ITM languages.
● In india, English is the language of the power, an Hindi and other major languages dominate the ITM
languages in the states. This has led to a struggle on the part of some of the ITM language communities
for recognition and revitalization of their languages.
● Same phenomenon is experienced in Pakistan (English, Urdu, Sindhi), Bangladesh (only Bangla official),
and bhutan (english and dzongkha).
● This divide can be labeled as the English-Vernacular divide or Vernacular-Minority Divide.
● This divide acc. to Annamalai is “bifocal existing at both the mass level and elite level.”
● English relegates Hindi and other regional languages to positions of lesser significance and power, while
the state majority languages push the other languages out of the major domains of use.
● Use of indigenous and vernacular languages is often associated with shame and denial of proficiency in
elite languages.

Education and Double Divide:

Principle of education in child’s mother tongue. 1957- three language formula formulated.
It imposed regional language or mother tongue of child to be medium of instruction. However, due to unclear
guidelines, regional language was being used for education for minority and tribal children.
It never was successful due to no uniform schooling system, and emergence of private english medium schools.
2 trends in education:
1. English is displacing hindi and other regional languages as medium of instruction across Country.
2. Steady decline in the number of mother tongues in schools along with negligible presence of tribal
languages.

Law and Language Notes - Ravi Pahwa

Empirical study has shown that number of languages used as a medium of instruction has fallen sharply.
Less than 1% of tribal mother tongue children have any opportunity for education through the medium of their
mother tongues.
● Technical education and university-level teaching are almost exclusively in English.
● Tribal children are forced to attend schools in which their medium of instruction is not their mother
tongue.
● English medium schools in india are quite heterogeneous in terms of their quality and cost.
● Students from poor strata are forced to send their children to vernacular medium govt schools.

The quality of education in diff schools is proportional to the costs to parents. Economically lower class parents
aspire and try to put their children in english medium schools where they struggle because of conflict between
aspiration of english identity, and the lack of socio-cultural support for English in the early socialization of
children.
These schools espouse cosmetic anglicization, insisting on western school uniform for the pupil and other
behavioural routines such as recitation of prayers in english.

Odisha- implemented strategies like teaching of a vernacular language like oriya to tribal children in the tribal
areas in Orissa to facilitate learning. This facilitated the child’s transition from mother tongue to vernacular
language of school instruction/.
DDis deeply rooted in the social macrostructure in which languages, social classes and the schools are embedded.
The language disadvantage of tribal children in dominant language schools is a major factor in their education
failure.

Prof Manohar’s Part:

Reading 1: Andhra Movement - B. Pattabhisitaramayya

What is the nature of the Andhra Movt? It is a national or a sub-national movement.
It was a mass movt. Progressing under impulsive, automatic and unconscious cerebration, limiting its operation to
no single sphere of endeavour but embracing within its compass every legitimate ambition and end which a rapid
and spontaneous unfolding of self-consciousness would silently reveal to the foremost men of the society.
Departmentalization is an intellectual hiatus in a mass movt., it should never be allowed.
Not good govt, but self govt is the ideal granted alike by the rulers and their led.
Self govt is no mean political idea. It is much deeper and is synonymous with the question of self-fulfillment,
Idea behind andhra movt: in the interest of national destiny, the country should be re-mappedout and demarcated
into units whose integration will serve to facilitate and hasten its fulfillment.
The govt: is a living, ever-changing instrument of human progress made by man for man’s advancements and not
for mere maintenance of any political creed.
Demand for andhra province, diff from partition of bengal, as it was a retaliatory measure. Meanwhile, this is rooted
in a new vision and hope.
History of Madras province: purely chronological.
- Started in 1611 when trading settlement was established at Masulipatnam.
- the 1799 partition of Tippu’s territories fell to the british.
- in 1825 Tranquebar was ceded by Danes.

Law and Language Notes - Ravi Pahwa

Sir James Bamfydle: the nearest approach to national sentiment in India is that which springs from language. This
is the keynote of the whole movt. Cultivate the culture it embodies, cultivate the sentiment it generates, and cultivate
the self-consciousness that it justifies.
Th andhra language is to the patriotic Andhra not merely an alphabet, a stringing of letters, or a conglomeration
of words, but it is the embodiment of the national thoughts, traditions, history and aspirations, in a word it is is the
vital point of a community’s life, seeking manifestation and requiring an organism through which it must manifest
itself.
Such is only possible through a province delimited by language. True patriotism is to get provinces based on
language, as it is the first step toward nation building.
Lord Hardinge’s solution- give provinces a large measure of self-government until india would consist of a large
no. of administrative autonomy in all provincial affairs, while GoI possess power to interfere in cases of
misgovernance.
Lord Hardinge’s conditions necessary for settlement:
1. It must provide convenient administrative units
2. Satisfy the legitimate aspirations of the bengali people
3. Be clearly based on broad political and administrative expediency.
Administrative Efficiency: case of East Bengal
- New province advanced in education, good government, in every kind of prosperity.
- Mahomadans of east bengal availed opportunities not available to them before.
- Expenditure on public universities increased
Andhra province could benefit from education.
Adoption of the mother tongue as the medium of instruction at Indian Universities and as the Court language in
courts of justice.
It is a deplorable habit of people’s rights being asserted and argued in foreign language, even in courts presided by
indians. Andhra movt would ensure spread of education and promotion of people’s happiness.

Class Notes:
Tutorial Notes: earth mantle example
Sitaramayya- even if you get freedom, you cannot attain freedom as the elites from particular languages control the
cream. Unless you attain administrative efficiency based on language, only then freedom will be achieved by
masses. If language divide is not achieved, we will be ruled by coloured elites. We have to have unity of language.
Smaller states with language unity, the elites will be much more in contact with common masses and thus we will
have a public sphere.
(coined by Jurgen Habermas- public sphere is an area in social life where individuals can come together to freely
discuss and identify societal problems, and through that discussion influence political action.)

Every author - must begin with the idea of imagined communities.

- Macaulay Indian Minute on Education - need to teach english to Indians, to make them lose their self-esteem,
native culture and become a truly dominated nation.
- Shakespeare was started to be taught in India and other colonies as it was thought to be not classic literature.
- Canon came from Church, authorized by the Church. In literature- list of great works held by literary scholars.
Canonical authors: Milton, Shakespeare, Dickens
European Context: Imagined Community arose.

Law and Language Notes - Ravi Pahwa

Indian Context: low literacy, didn’t lead to establishment of an imagined community to a large extent. Instead, it
was the Indian nationalist movement, which led to national unity.
Arguments concerning vernacular - printing press during the 19-20th century, led to cognisance of vernacular
languages. Post independence, it is argued that it was cinema, which led to consolidation and spread of vernaculars.
Why is vernacular identity imp? It led to subduing in other divisions of the society like religion and caste.
Early 20th century, conflict b/w 2 kinds of ideas of India:
1. India is a nation
2. India is not a nation, but a federation of nations, who are all their own nations. Ex.- andhra, tamil,
maharashtra, punjab.
Tamil language. Movts:
1. 1937-40: Prior to Independence (hindi introduced by C. Rajagopalachari - then Madras CM)
2. 1965-67: anti-hindi agitations - hindi imposition.
1905- Bengal Partition. Huge protest based on linguistic grounds and had a nationalist fervour as well. 1911, Bengal
was reunited and it gave impetus to vernacular movts.
1911- in south, demand for division of southern linguistic states.
Andhra movt- never included the nizam and present day telangana. It included present day Andhra -the leaders
alleged that the Telugu people were being suppressed by the Tamils, who dominated politics and government jobs.
Before - gandhi-> congress party - was the party of the upper states and elitist indians. Congress earlier- english
meetings, however linguistic consciousness also impacted them and led to linguistic working committees on various
topics and led to regional strong leaders. - these leaders were part of the idea of federation of nations.
Gandhi- united all these diff. Lingusiitc factions.
Sitaramaya: it's not just a demand for separate state, but the idea represented the restructuring of India
across linguistic states.
Annie Besant- Irish nationalist. Campaigner of Indian nationalism. Believeďin Indian self-rule. Theosophical
society.
Operation Polo- operation for annexation of the princely state of Hyd. in september 1948. Nizam's power had
weakened because of the Telangana Rebellion and the rise of a radical militia known as the Razakars whom he
could not put down. India invaded the state in September 1948, following a crippling economic blockade, and
multiple attempts at destabilizing the state through railway disruptions, the bombing of government buildings, and
raids on border villages.
The author says that the andhra movt was a mass movt. And not limited to any sphere. Others have a reductive
understanding of this movt. By 1911, telugu newspapers too had 10 years of history. Partition and reunification of
Bengal were trigger points for andhra movt.
When it was written - andhra itself was thought of as a nation.

Reading 2: Thoughts on Linguistic States - By Dr. B.R. Ambedkar

Ambedkar wrote his piece in response to the States Reorganisation Committee Report which recommended dividing
southern states on a linguistic basis and reorganized northern states.
Error on commission’s part: “The commission evidently thinks that the size of a state is a matter of no
consequence and the equality in size of the status constituting a federation is a matter of no moment.”
Disparity in the size of diff. States the commiss. has recommended.
The scheme recommended by the commission is full of “poison. The poison must be emptied right now.”Why?

Law and Language Notes - Ravi Pahwa

Because the commission’s recommendations resulted in consolidation of the North and the Balkanisation of
the South.
Context: UP, MP, Bihar and together Rajasthan had very high populations and they were not divided into smaller
states because they shared a common language.

Ambedkar’s stand on linguistic States: he was in favour of them. He believed in the ‘one state, one language’ rule.
He believed that India would also disintegrate if it continues to be a cong mixed states.
Why unilingual state is stable:
it is a feeling of a corporate sentiment of oneness which makes those who are charged with it feel that they are kith
and kin. This feeling is a double-edged feeling. It is at once a feeling of fellowship for one's own kith and kin and
anti-fellowship for those who are not one's own kith and kin. It is a feeling of " consciousness of kind " which, on
the one hand, binds together those who have it so strongly that it overrides all differences arising out of economic
conflicts or social gradations and, on the other, severs them from those who are not of their kind. It is a longing not
to belong to any other group.
This feeling of fellowship is the foundation of a stable and democratic state.

2 other reasons for unilingual states:

1. Democracy cannot work without friction unless there is fellow-feeling among those who constitute the
state. Faction fights for leadership and discrimination are factors ever present in mixed states which are
incompatible with democracy.
2. ‘One state, one language’ is that it is the only solvent to racial and cultural conflicts.

Differences between Canada/Switzerland and Indian example, as to how mixed state cannot sustain:
- Genius of India is quite different from genius from that of Canada/South Africa and Switzerland.
- The genius of India is to divide, theirs is to unite.
- Those countries are bound by Congress discipline.
Thus, ambedkar wanted linguist state because:
- To make easy the way to democracy
- And to remove racial and cultural tension
Dangers of Linguist State acc. to Ambedkar
- Linguist state with its regional language as its official language may easily develop into an independent
nationality. The road between independent nationalist and independent state is very narrow. If this happens,
modern india will become india of antiquity with variety of states indulging in warfare and rivalry.
According to ambedk., this danger is inherent in creating linguist states but for him, the dagger was worth
undertaking because of the alternative.
The Way to meet this danger:
To provide in the constitution that regional language shall not be the official language of the state. Language of the
state will be Hindi, and until not fit for this purpose, it can be English.
One language can unite people. Two languages are sure to divide people. This is an inexorable law. Culture is
conserved by language. Since Indians wish to unite and develop a common culture it is the bounden duty of all
Indians to own up Hindi as their language
“Any Indian who does not accept this proposal as part and parcel of a linguist state has no right to be an Indian.”

Law and Language Notes - Ravi Pahwa

Ambedkar: proponent of partition. “I was glad that India was separated from pakistan, I was théphilospher, so
asśto say, advocated partition because I felt it was only by Partition that Hindus would not only be independent but
free.”
Regional languages as official languages of states- will be a death nail to the idea of a United India. With regional
languages as official languages, the ideal to make India one united Country and to make Indians, Indians first and
Indians last, will vanish.

What does one state, one language mean? Not necessary under one state, only one language.
Ambedkar believed that units of a federation should be equally balanced. Too great a disparity leads to imbalance,
resentment and suspicion. If disparity is indeed present, steps are undertaken to ensure parity amongst equal and
unequal states. For ex. US Senate having 2 senators from each state. Also example of russia in the Soviet union.
However, in our consti. Both the houses have unequal power as compared to us congress, in which both houses
have equal power. This makes a great difference to the disparity in the population.
“The disparity in the population and power between states is sure to plague the country. To provide a remedy
against it is most essential.”

North vs. South

Recommendations of the committee in creating MP with Rajasthan creates new problem for NvS divide.
The efforts of the commission will result in consolidation of the North and Balkanisation of the South.
Allowing north to dominate the south in the central government is dangerous. It creates imbalance, caused by denial
of the federal principle of equality of units. Creates feelings of distrust and resentment. The present structure will
lead to dominance of UP in all-India matters. These feelings present a danger to unity.
“There is a vast difference between the North and the South. The North is conservative. The South is
progressive. The North is superstitious, the South is rational. The South is educationally forward, the
The North is educationally backward. The culture of the South is modern. The culture of the North is
Ancient.”

Ambedkar’s Solution:
A large southern state is absolutely essential for preserving the political significance of that part of the
country. At the same time, divide northern states into smaller states.
There is a vast cultural difference. Between the North and the South cultural differences are very combustible.
Opinion of rajagopalachari: India should have 2 federations. One federation of the north and one of the South.
Solution: some standard for determining the size of a state.
Ambedkar’s solution: to divide UP, Bihar and MP in smaller units. Divide UP into 3 states, with 2 crores population
each.
Bihar into 2 parts. MP into 2 parts. (northern and southern).
Acc. to ambedkar: one state of language should be the rule, therefore, people forming one language can also divide
themselves into many states.

Class Notes:
Evolution from 1920s to 1957
120s- untouchability could not be abolished by mere spread of education or expectations that orthodox hindus would
have a change of heart.

Law and Language Notes - Ravi Pahwa

Reading 3: Thoughts on National Language - By Gandhi
Lingua Franca: a language used for communication between groups of people who speak different languages
Believed Hindi or Hindustani should be the national language of the country.
Numerically makes sense for other languages people to pick up hindi, then vice-versa. Hindustani people are 200
million including muslims and hindus.
Even southern indian languages have hindi words. Gandhi believed that Kannada could be learned in 8 days if spent
a few hours a day. Believed south indians could master hindi in one month by giving it 4 hours a day.
South indians languages have common words from Sanskrit that they have adopted
Hindi vs Hindustani vs Urdu:
No difference, the grammar is common to all, only the script is different.
English cannot be the lingua franca. It is important language, but it cannot be given a space it cannot have.
Dravidian languages can be taught through devanagari script. Why should north indian learn 4 diff languages, when
people in south can just learn one language. (4 lang.- telugu, kannada, tamil and malayalam).
Speech delivered at Dakshina Bharat Hindi Prachar Sabha
Gurjarati - cannot be national language. (1/30th people speak it)
Marathi - cannot be national language. (language of lokamanya tilak)
Bengali - cannot be national language. (language of Ram Manohar Roy, Vivekananda, Ramkrishna)
Thus, only hindi can be national language.

Chapter : Neither Anger nor Attachment

Written in response to a letter expressing anger at the announcement that Urdu Harijan and Nagari Harijan
(magazine versions, being closed). The letter requested: to stop english harijan and continue other editions,
Gandhi’s response: if urdu harijan is closing, then nagari harijan should also be closed. He started publishing the
urdu version because he advocated hindustani language.
Hindi alone is the national language in both urdu and nagari script. Not just nagari script.
Personal Opinion: consider nagari script to be by far the best. Nagari script is better than urdu script, and in a
competition will come on top. But partiality for hindustani.
Sanskritized Hindi is quite artificial while hindustani is natural. Persianized urdu is also unnatural and artificial in
a similar way. It is neither Sanskritized hindi or persianized urdu which will win. It is only hindustani that will
win.
Reason for continuing English Harijan: to keep in touch with the English audience. Contact with the west is ever
increasing. There is quality in english which makes it attractive. Even Indians should learn it. There is utility in
learning English, just that it should be allowed to transgress its rightful place. It can never become our national
language nor the medium of instruction.

It is a sad spectacle that happens only in India where a foreign language is used as medium of instruction. This
slavery to an alien language has kept millions deprived of a great deal of necessary knowledge for many long years.

Class Discussion:
Based on speeches made during 1930s-40s. Later published.
Social Context:
- Nationalist movt at its peak
- Tensions high b/w hindu and muslims

Law and Language Notes - Ravi Pahwa

 - Majoritarian org. On both sides leading to conflict: such as- Hindi Prachar sabha, Hindi Pracharak
sammelan and Dakshin Hindi Prachar Sabha. The right wing- wanted Hindi.
- Gandhi advocated for Hindustani.
As pan india nationalism gained strength, regional nationalism declined & leaders like Sittaramaya, joined congress
& built pressure on Congress to a federal structure. Sittaramaya - wrote on the history of the Congress Party.
Pan India Nationalism- Banyan Tree (didn’t let other movts. Grow in its shade)
- Others called it like a cage, in which everyone was thrown.
Reasons for inclusion of Regional Separatist movt. Within Congress:
- Unite against a common enemy - british
- Fulfill their demand for state autonomy, and linguistic states by Congress, post Independence.
Why is mother tongue based education needed?
- Low resources in English
- Disconnect b/w other language and home language
- Pedagogical reasons and mental development.
Francis Ellis - Madras Presidency Scholar
- Wrote the Dravidian Proof
- To show that dravidian language are quite different and are based on a diff family of language- dravidian
movt.
“Sanskrit” - being the mother tongue of all Indian Languages claims - False.
Conflict in Gandhi
- In Northern-states- advocated for Hindustani (to unite muslims and hindus)
- In Southern-states- advocated for Hindi
Alok Rai - Hindi Nationalism- how post Hindi-Urdu conflict, both languages become puritised version.
Problem with Hindustani - written in which script? As per gandhi- in diff scripts as per gandhi.
Vajpayee - declared Tamil as a classical language- it started a race amongst southern states- telugu, kannada to
claim classical language status as well. Notion of classical language - involves - dead lang.

Gandhi and Ambedkar- both come from the Ideology of pan-Indian nationalism. This is why they both advocated
for Hindi/devanagari to be the national language.
Decolonizing the mind- Ngugi thiongo - kenyan novelist who wrote about language and its constructive role in
national culture, history. Book advocates for linguistic decolonization.

Reading 4: Banish English - Ram Manohar Lohia

Paradoxical situation: even after 10 years of independence, the real owners of the sil have been estranged and foreign
fuhrer with all its might and authority lord over us.
People who know english - 40 lakhs. Remaining Indians - 40 crores Representatives of these 40 lakh people are
enthroned in power sadly. The banishment of English will lead to the dethronement of these people in power.
Removal of English, every institution of power will have to take cognisance of the remaining 40 crores people.
Even a soldier requires English language and cultural capital to rise to senior level. Not his gallantry in battle. This
principle applies to every walk of life. Far reaching changes will be achieved - it merit is taken into account and not
english language.
40 lakh English Speaking Population
All corporations are pandering to the 40 lakh people who speak english. Economic life of the nation stands on these
individuals as per these profit seeking corporations. The problems of these few, become problems of all.

Law and Language Notes - Ravi Pahwa

Socialist Call: modernisation + english retention = heading the nation towards ruination. The 40 crore people must
be stern and lead the revolution to provide a heavy blow to 40 lakhs.

Vernaculars/ Regional Languages:

Argument: Bengali, Hindi, marathi, and other regional languages - are still undeveloped.
Answer- with the help of sanskrit, these languages can coin new terms. Vocabulary of these languages is already
richer than English.
Difference: in the last century, western countries have acquired precise vocabulary, depicting all specific
shades & hues. Indian languages still lack this quality. Thor coinage suffers from lack of stability.
All vernacular languages having their genesis and heritage in Sanskrit and Pali go back 5-6000 years back, whereas
western languages like English and even russian only go back 1000 years.
Even USSR, adopted the language of the people for its day-to-day affairs.
Example of Russian scientist - who launched sputnik using russian language, to prove indigenous languages can
produce science and technology.
Children in india due to learning multiple languages, are not able to gain depth of knowledge because of high burden
on them. If foreign language burden is lifted, knowledge will be widened, deepened.
Diff. b/w learning of a language and the knowledge of a subject. Due to language burden , Indians are unable to
make contribution in fields of science, medicine, economics, politics. Our study of these subjects is a cheap copy,
because we study them in foreign language. “The indian student is fettered to the chain of english. His mind is
rusting.”
Advocated for three-language formula.
Sanskrit, Arabic, Persian, and English can never be classed as the language of the people. They are relics of feudal
oligarchy. “English is the Archstone of a feudal edifice. The moment its column is demolished, the superstructure
will fall down to the ground as a house of cards.”
Rejects the claim that Christianity has anything to do with English, to pacify that they don’t have a problem with
Christians. Eve Jesus carried sermons in Aramaic. (Proto-Arabic)
Orthodox pandits with their sanskritized hindi and bengali, are doing a great harm to the cause of their languages.
Hindi should be made more simplified and use more foreign words. Ex. Lalten for Lantern; Magister for Magistrate.
However, the process of assimilation should be careful.
Current Social Structure:
Divided b/w haves and have nots. Literate intelligentsia and illiterate masses, high caste and low caste, english
educated and non-English educated masses.
If English offensive is launched on the right lines, it will stir a colossal upsurge.
“It will polarise the dhoti clad brahmin on one end with the sherwani and churidar donned or suited brahmin on
the other hand.” - to signify that difference exists between castes as well. Dhoti-clad = poor brahmin who is not
elite. within

Shows class struggle within one’s caste and how elites exist within one caste group. Thai realisation of high and
low class within a caste group will make all common people fraternize irrespective of caste and will benefit country.
Believes that Russian language might be the future international language and questions the claim of english’s rise
to international medium as a myth.

English and the People’s Languages in India - Lohia

Claim: Vernacular languages are underdeveloped and lack precision to replace English in courts and other places.

Law and Language Notes - Ravi Pahwa

Reply: words and languages only gain precision when they are used in different spheres of life. It is impossible for
men in ivory tower to polish words without putting them to use.
Hindustani language has more than 6 lakh words but it is a hidden fact.
Hindi language words have context and words which cannot be directly translated into english. While they can be
translated in other indian languages because of common culture.

Indian languages are rich in culture and other aspects. For scientific and other precise purposes, languages can
evolve and incorporate words.
However, it is wrong to say that first hindi should develop the vocabulary and precision and then used and deployed
for these purposes.
He believes our languages should not fall into the hands of conservative pandits and maulavis. We should not waste
our time developing unintelligible equivalents. Instead, use foreign words which have gained wide currency.
Different languages have different words, we should be also proud of that and not shy away from using hindi-zised
versions of the word.
English is not the only language in the world. It has leaped forward only now on account of power, money and
arms.
Ruling Class:
There is a particular ruling class. It has 3 characteristics: a. Wealth; b. English Education ; c. High Caste.
The ruling class imitate either: the western ruling class with ties and suits; or indian ruling class like mughals with
sherwani and chudidar pajamas.
Followers of gandhi have resorted to repression. (attack on nehru and gopalachari) - “daily repression is carried
out with weapon of language. They speak in a language which the masses do not follow. The peasants, labourers,
shop-keepers, clerks and illiterate masses develop an inferiority complex.This is the root cause of India’s
degeneration.”

English must go and national language must come. Nehru and some hindu enthusiasts- are in favour of gradual
removal of english.
Lohia- counters this approach- English must go at one stroke and never gradually. Compare to Britishers exit and
how it happened whe action was taken against them.
“Those who talked of gradual removal are the feudal class rulers, and exploiters who wish to continue their rule
over 40 crores people.”
Policy of Language:
- Upto BA degree in regional language.
- Courts language (district & magistrates) - regional 1-2 languages.
- Language of administration - regional (telugu on the case of andhra)
- To maintain unity of India, Hindustani to be use for post graduate courses, HCs and SC.
- For govt Services: gazetted posts in central services should be reserved exclusively for non-hindi speaking
areas for 10 years from the date Hindustani is made regional language,
- When everyone has learnt hindustani, then tests should be held to give equal chance to everyone.
Alternative: Reservation on the basis of population. But what about OBCs? They should also be provided
reservation.

How can there be democracy when the work of the govt. Is not done in people’s language? It is essential for a
democracy to function through the language of the people.

Law and Language Notes - Ravi Pahwa

Regional language people should give up provincialism and unite under one language. The provincialism divide
has caste and ruling elites divide provinces on regional language. The common enemy is english and elite ruling
class and we should not divide on this basis
Quarrelling b/w indian languages is useless, be it hindi-urdu or hindi-gurmukhi. These battles distract us from the
actu; battle against English.
Class Notes:
Context: led movt. Against English in North.
Ques: If English was retained in India, will the Indian State be ever able to work for the Working Class?
- 85% educated during colonial period - Brahmins (english educated)
Ques: what would happen the the brahminical hegemony of these privileged if English is banished?
Example: Daily Life - English Access
- Information about product expiry/instruction only in English & not in local language.
- Lower functioning of Courts - lot in english.
Counter arguments:
- Globalized world
- Need development to uplift poverty.
Lohia says: Nehru choked, Gandhi’s revolution. Nehruvian State and Nehruvian vision - preferred English.
Politics- happens in grass roots. Polyc- done by experts and comes from above.
Lohia imagined India run by the common people.
Counter argument to Lohia:
- Indian languages aren’t developed/suited for science/education/law/medicine. There aren’t even enough
scholars and teachers in those languages.
- Lang. & Culture of colonizers became prominent and believed in their supremacy. = Colonized Mind.
Lohia- conspiracy to oppose Banish Eng. Movt. by:
- Anglo-phone class
- Trade union leaders
- Wealthy class
Gandhi v. Lohia about Hindi
Bent on Hindi & Believed southern Wanted to Impose Hindi and
states will accept it for national unity Banish English by Force
Lohia’s solution for hindi- don’t asks Pandits and Maulvis to write textbooks. (make hindi assimilate)

Reading 5: Federalism III, The Indian Constitution, Cornerstone of a Nation - Granville Austin:

“One of the most difficult problems in the framing of India’s new constitution, will be to satisfy the demand for
linguistic provinces and other demands of a like nature.” - BN Rao
The constituent assembly didn’t directly deal with the problem of division of states along linguistic lines because
the leadership (nehru, azad, patel, Prasad) felt that the job was not upto the constituent assembly.
Nehru- felt that re-organization was inevitable but that cultural, geographical and economic factors along with
language must be taken into account.
Azad- deplored (disapproved) the increasing demand for ‘linguistic provinces’.
Patel denounced the idea of redistribution. He believed, linguistic separatism - imperiled national solidarity and
unity.

Law and Language Notes - Ravi Pahwa

Prasad’s opposition was less than the other 3, but he believed there is an urgent need amongst all of us thinking and
acting as Indians rather than belonging to any particular province, group or community.
However, continuous demands and the environment assured the inclusion of Article 3 in the Constitution. It
provided wide powers to the parliament to change the structure and composition of the states, by mere legislation.
Krishnaswamy Ayyar- opinion - giving drastic powers to Parliament was not consistent with the Federal principle
of the Constitution.
The indirect influence of linguistic provinces question on the shape of constitution is nearly impossible to assess,
however, one may assume that the fear of separatist forces tended to work in favour of a stronger central govt.
Nehru and Patel strongly opposed the formation of linguistic provinces, particularly at the time. Though claims of
disintegration of the nation in terms of linguistic divide have not borne out.
“Regional feeling in India has not been in relation to the Centre, except perhaps to a small degree in the State of
Madras, but in a sense of rivalry to other regions. All are claimants for the patronage and bounty of the Centre.”
P. Sitaramayya - member of Congress Working Committee (andhra movt. writer)- advocated for constituent
assembly to pick up the issue. Patel, Prasad and Azad - sai assembly is not competent to answer that question.
Provincial and Union constitution committee- appointed a sub-committee to look into the matter of re-organization
due to incessant demand by members. Under Sitarammayya’s leadership the committee on 12 june 1947,
recommended creation of Karnataka, kerala, Maharashtra, Andhra after independence.
Dar Commission - 3 member commission- provincial commission. Gave report that, “formation of provinces on
exclusively or even mainly linguistic considerations should not be taken in hand.” - dec, 1948.
JVP Committee - after Nehru, Patel and Sittaramayya, took a second look at the question. Report submitted from
1949. Conclusion- “we feel at the present is not an opportune moment for the formation of new provinces.”

The matter was left till rest till elections. Andhra formed in 1953 and was followed by the States
ReorganizationAct, 1956.

Class Notes:
Ambedkar thought that the demand for the creation of linguistic provinces was primarily based on the idea of
nationality defined in terms of the differences of languages and cultures among people of different regions. For him,
any reorganisation of states in India on the linguistic basis has to be accommodated within the broader framework
of the federal structure of the government. He alerts us to the dangerous separatist tendencies that could potentially
be inherent in the creation of nations and nationalities founded on the basis of race and language exclusively, without
a certain degree of rationale for political progress and development.
“linguistic province has nothing to do with the question of what should be its official language” or that “language
has to play the part only in terms of the demarcation of the boundaries of the province”. According to him, “danger
lies in creating linguistic provinces with the language of each province as its official language. The latter would
lead to the creation of provincial nationalities. For the use of the provincial languages as official languages would
lead Provincial cultures to be isolated, crystallised, hardened and solidified.”

Reading 6: The Madras Anti-Hindi Agitation: 1965 by Duncan B. Forrester

Context: Jan 1965-Feb 1965 intense agitation in Madras which left over 70 people dead. Both state and central govt
were of congress.
January 26th, 1965 - 15th anniversary of the coming into force of constitution, and hence marked the end of the
period in which English was to be replaced by Hindi for all official purposes.

Law and Language Notes - Ravi Pahwa

Previous language agitation- was centered with establishing lingustic states.
Madras agitation was different- it involved the question of the official language to be used by govt and only to a
very minor extent was the status of tamil in question. The issue was the future of tamilians in nation with Hindu as
its official language.
Even in 1965- english was the language of commerce, courts, science. English remained a prestige language, even
though in north india there was tangible anti-english feelings.
Argument in favour of keping english:
1. Even spread of english speaking elite. It alone is capable of serving as a ‘link-language’ which can guarantee
political unity of india.
2. Imposition of hindi would give major advantage in terms of job and educational possibilities to those who
have Hindi as mother tongue.
Three-langauge formula- adopted in 1961. To enable both hindi and english to be used as link languages and taught
in school. This meant, 2 languages for hindi speaking students and three for non-hindi speaking states. Students in
south india were more burdened, as they had to learn hindi, english and regional language. If mother tongue varied,
then a student had to learn 4 languages.
TLF imposes more burden on students of southern states.
Hindi-zation - chapter XVII of constitution. Official language act, 1963 - continued use of english for official
purposes. To give statutory effect to the assurances of Nehru.
Tamil - cultural and classical language , with literature comparable to that of sanskrit. 20th century - major revival
of Tamil culture. Awareness of distinct tamilian identity, and rejection of brahmanism as import of Northern culture.
DMK= Dravida Munnetra Kazhagam (Dravidian Progressive Federation) - rise and influence among students
because of their commitment to independent dravidian state. And later anti-hindi movt.
Tamil Nadu - wasn’t against English
- They were already well educated, so were accomodated i govt jobs right from colonial period
- Large appointments in govt service and education
- Little pressure to replace tamil as medium of instruction in higher education
- Even those without interest in language, saw the imposition of hindi as a matter of Northern dominance.
English far from being a threat in Tamil nadu, was seen as a tool, tamilians use for the advancements and protection
of their interests.

Things that triggered the agitation:

- Statements regarding hindi being made medium of examination for UPSC
- 15th anniversary of republic day was seen with apprehension
- Moves regarding faster Hindi-zation of things

Agitation Tracking:
- DMK seized the situation to call for a day of mourning on 26 Jan 1965.
- Defied govt ban to hold protest
- This call and demand found fuel in college and university student leaders,who are more concerned about
imposition of hindi. Arresting of DMK leaders led to protests which initially involved boycott of classes,
soon turn violent after police used violence.
- “Hindi imperialism” - became rallying cry of people who used to burn themselves or consume poison to
protest.

Law and Language Notes - Ravi Pahwa

 - The call of students found broader consonance with tamilians and the student strike soon turned to general
hartal and strikes across the state.

Cons of Agitation:
- In India specifically, violence or threat to violence is always seen as way more convincing to prove their
positions.
- The tragedy of the Madras agitation is a tragedy too common in modern India. It is only after violence has
run its course that communication and negotiation become possible. The outbreak of violent protest is a
sign that communication has broken down. But if communication is resumed as a concession to violence,
violence becomes a normal and efficacious instrument of political pressure The tragedy of the Madras
agitation is a tragedy too common in modern India. It is only after violence has run its course that
communication and negotiation become possible. The outbreak of violent protest is a sign that com-
munication has broken down. But if communication is resumed as a conces- sion to violence, violence
becomes a normal and efficacious instrument of political pressure.
- State govts were more a work of congress parliamentary board than of state legislatures and more
answerable to congress high command than to local constituencies. This caused southern congress MPs and
MLAs to dowplay the situation and not convey the feelings of south to delhi.
- The agitation was started by DMK, but soon spilled out of their control, as a result of harsh police action
and govt inaction. Student action committees were formeďin all colleges to lead the agitation, but it soon
spread out of their control.
- The movt as it became more popular, it became uncontrollable and soon the mob took over.

Result:
- Pressure on local elections and performance of Congress in Madras State.
- Chief minister, after agitation, changed his opinion and sought to move constitutional amendment to
establish english as official till all states agreed.
- Moves to statutory amend official languages act to remain committed to english, to give effect to assurances
from Nehru
- Slow pace of Hindi-zation.
Class Discussion:
Till 1964: Nehru managed to keep the anti-hindi agitation in check
Thereafter, Shastri - made statements that advocated for Hindi.
1965- Hindi Agitation. - for 3 months. Feb-Mar.
Essay - in neutral language. Post agitation. Congress lost the election and DMK came to power.
C. Annadurai - DMK led coalition defeated Congress.

Law and Language Notes - Ravi Pahwa