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2016 DIGILAW 28 (JK)

B. R. Manhas v. Union of India

2016-02-09

BANSI LAL BHAT, N.PAUL VASANTHAKUMAR

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JUDGMENT : Bansi Lal Bhat, J. 1. This writ petition, filed in public interest by a practicing lawyer of this Court, seeks following relief:-- (i) Mandamus, Commanding and directing the respondents to provide the same privileges in all the field and Departments of the Government of India and the State Government to the Dogri Language/Script, as are provided to other such languages/scripts as are put in the 8th Schedule of the Constitution of India. (ii) MANDAMUS Commanding and directing the respondents, more particularly respondent Nos. 1, 2 and 3 to order printing of the denomination of a currency note on the language panel of the bank notes of different denominations (as mentioned under S. 24 of the RBI Act) printed by the Reserve Bank of India, in Dogri language/script, in the same manner, as is being printed in other such languages/scripts as figure in the 8th Schedule of the Constitution of India and place 'Dogri' language at place 4 in the language panel of the Bank Note as per her position in the 8th Schedule of the Constitution of India. (iii) MANDAMUS Commanding and directing the respondents, more particularly, respondent Nos. 1 and 4 to order printing of the denomination of Indian Postal Order in 'Dogri' language/script in the language panel of the Indian Postal Order in the same manner, as has been done in other such languages, as find place in the 8th Schedule of the Constitution of India, alongside 'Dogri' language. (iv) MANDAMUS Commanding and directing respondent Nos. 7 and 9 to introduce Dogri language/script in the Schools of Jammu Division of the J. & K. State from 1st Standard itself, as has been done with scripts of other languages such as Hindi (in Devnagri Script); Urdu (in Persian Script) English (in Roman script) and Punjabi (in Gurmukhi script)." The case set up by the petitioner is that the State of Jammu and Kashmir is primarily comprised of two Geographical Divisions viz. Jammu and Kashmir which have different climatic condition, terrain and languages. It is averred in the petition that Dogri is the major language spoken in Jammu Division and it enjoyed the status of official language during the reign of Maharajas. Jammu and Kashmir which have different climatic condition, terrain and languages. It is averred in the petition that Dogri is the major language spoken in Jammu Division and it enjoyed the status of official language during the reign of Maharajas. It is further averred that Art. 29 of the Constitution of India, guarantees conservation of language, script or culture by any section of citizens residing in the territory of India or any part, thereof having a distinct language, script or culture. It is further averred that Jammu Division is mainly inhabited by Dogras speaking Dogri language which is an Indo-Aryan language spoken in four districts of Himachal Pradesh, at least half district of Punjab and Sialkot district of Pakistan, apart from Jammu Division of the State. It is further averred that Dogri speaking reign is called Duggar and reference to Dogri language can be found in the scripts of Greek Astrologer Puloni and famous poet Amir Khusro. It is further stated that the word 'Dogri' has its origin in the Sanskrit language and the area surrounding Surinsar and Mansar lakes is called Duggar. It is further stated that Dogri language was originally written in Takri script which is closely related to the Sharda script employed in Kashmir. It is further stated that Dogri has an established tradition of poetry, fiction and dramatic works. Reference is made to Dogri Poet Kavi Dattu, Ram Nath Shasri, Padma Sachdev and others. It is further stated that Dogri along with Urdu was used as official language during the reign of Maharaja Pratap Singh. It is further stated that Dogri language is being taught in the schools at the primary level and Higher Secondary level. It is further stated that Dogri language has been introduced with Devnagri script in the syllabus of Jammu University, but the Dogri script has been ignored which shall have the effect of wiping out the rich culture of the linguistic minority of Dogras. It is stated that two dialects of Dogri called 'Bhaderwahi' and 'Bhalesi' spoken in Doda District of the State have been declared as "definitely endangered" languages. It is further averred that Dogri language has been introduced in 8th Schedule of the Constitution vide Constitution (Ninety Second Amendment) Act, 2003, inserted on 8th January, 2004. It is stated that two dialects of Dogri called 'Bhaderwahi' and 'Bhalesi' spoken in Doda District of the State have been declared as "definitely endangered" languages. It is further averred that Dogri language has been introduced in 8th Schedule of the Constitution vide Constitution (Ninety Second Amendment) Act, 2003, inserted on 8th January, 2004. It is further averred that the Dogri language fulfills all the requirements of being recognized as a major regional language of the State of J. & K. and is entitled to all patronage and privileges of the State. As per information obtained by the petitioner under RTI, Department of Dogri has been established in the University of Jammu in the year 1983 and since the year 2002, 295 students have completed their P.G. in Dogri language from the University of Jammu. Dogri script is being taught in 1st Semester of M.A. Dogri. It is submitted that though University has also provided official version of the Takri alphabets along with Modern Dogri alphabets, however, the ancient script is required to be taught in the primary class as a language with Hindi and Urdu. It is stated that Dogri language has become extremely endangered, as it is no longer taught in schools, used for commerce or Government business and stands confined to its learning in M.A. classes in Jammu University. It is further stated that the Dogri language stands discriminated and its ancient glory is required to be restored. It is further stated that an effective way of saving Dogri language is its incorporation in Bank Notes and Indian Postal Orders. It is stated that the currency notes and Indian Postal Orders are printed in the languages incorporated in 8th Schedule of Constitution of India, however, Dogri language despite being inserted in 8th Schedule of Constitution of India does not find place on the language panel of the Bank Notes. It is contended that even in the Bank Notes and Indian Postal Orders printed in the year 2011 or thereafter, Dogri language has not been incorporated in the language panel, which clearly demonstrates discriminatory and step motherly treatment meted out to the Dogri language. 2. Respondent No. 1, in its reply has pleaded that 'Bhadrawahi' is one of the mother tongues grouped under Hindi language in Indian Census. It is spoken mainly in Doda District. 2. Respondent No. 1, in its reply has pleaded that 'Bhadrawahi' is one of the mother tongues grouped under Hindi language in Indian Census. It is spoken mainly in Doda District. It has not been rationalized and classified as a dialect of mother tongue of Dogri in Indian Census. Whereas 'Kishtwari' and 'Siraji' have been grouped as the mother tongue under Kashmir language. It is pleaded that it is for the first time that the issue of reclassification of Bhadrawahi, Kishtwari and Siraji has been raised from any forum. It is further pleaded that the Registrar General and Census Commissioner, India is faithfully recording the mother tongue as returned by the respondents during census and together with the team of Linguists and Ministry of Government of India including Cabinet Secretaries finalizes the classification of the mother tongues. It is further pleaded that the result of 2011 Census for languages/mother tongues has not yet been finalized. 3. Respondent No. 3-Reserve Bank of India, in its counter-affidavit has taken a stand that the decision as to which language listed in the 8th Schedule of the Constitution of India should be included in the language panel of the Bank Notes is taken by the Government of India. It is further stated that the design, form and material of bank notes is approved by the Central Government after consideration of the recommendations made by the Central Board of the Reserve Bank. It is further stated that the Reserve Bank of India is the sole note issuing authority and the notes issued by it are legal tender under the Reserve Bank of India Act. It is further pleaded that in the language panel on the reverse of the bank note the denomination is printed in fifteen languages which were initially included in the 8th Schedule of the Constitution of India. It is stated that at present there are 22 languages included in the 8th Schedule of the Constitution of India. Languages in the 8th Scheduled of Constitution of India are considered for being printed in the language panel of a bank note. Such decision is taken by the Government of India. It is stated that at present there are 22 languages included in the 8th Schedule of the Constitution of India. Languages in the 8th Scheduled of Constitution of India are considered for being printed in the language panel of a bank note. Such decision is taken by the Government of India. Denying the allegations of petitioner regarding discrimination meted out to Dogri language, it is stated that all 22 languages listed in the 8th Schedule of the Constitution of India do not find place in the language panel of bank notes and the decision to include a particular language listed in the 8th Schedule is taken by the Government of India. 4. Respondent No. 4 has filed its response, wherein it is pleaded that the Department of Posts has already constituted a committee to examine the possibility of inclusion of other official languages as per the 8th Schedule of the Constitution of India including Dogri language in consultation with other Central Government Departments to ensure uniformity. 5. The Expert Committee of Ministry of Information and Technology has suggested a change in the design of Indian Postal Order. Copy of the minutes of the Committee constituted for suggesting changes in the design of Indian Postal Order (IPO) has been taken on record. The Committee considered the issue and was of the view that the purpose of Indian Postal Orders was not to promote Indian languages, as it was only an instrument for payment of fee/charges. The Committee noted that Reserve Bank of India has only 15 languages in the language panel of currency notes. Having regard for the ever expanding list of languages in 8th Schedule of the Constitution of India, the Committee recommended for not adding any additional language in the Indian Postal Order and continuing with 13 languages appearing on the lower denominations and 14 languages appearing on the Higher denominations of Indian Postal Orders. Report of the Committee is emphatic on the point that incorporation of Dogri language in Indian Postal Orders will not be suitable unless all 22 languages in 8th Schedule of the Constitution of India are added in Indian Postal Orders. 6. Heard learned counsel for the parties. 7. India is a multi-linguistic country with Constitution guaranteeing conservation of language, script or culture by any section of citizens residing in any part of the country. 6. Heard learned counsel for the parties. 7. India is a multi-linguistic country with Constitution guaranteeing conservation of language, script or culture by any section of citizens residing in any part of the country. Each linguistic group has a guaranteed right to propagate and promote its language and share its rich literature with other country men. Therein lies the beauty of India as a notable example of unity in diversity. With incorporation of 22 languages including Dogri in the 8th Schedule of the Constitution of India, Dogri aspires for its inclusion in the language panel of Bank currency notes issued by the Reserve Bank of India which is used as a legal tender. It also craves for finding a place on the language panel of Indian Postal Orders. The argument that exclusion of Dogri from being incorporated on the language panel of Bank currency notes issued by the Reserve Bank of India and Indian Postal Orders smacks of a discriminatory attitude towards it cannot be countenanced as the decision to incorporate a particular language on the language panel of Bank of India depending on various factors. Uniformity has to be ensured to allay the apprehensions of a particular linguistic group who feels alienated on account of exclusion of its language from language panel of Bank currency notes and Indian Postal Orders despite such language being included in 8th Schedule of Constitution. This can be done only by taking appropriate steps to include such scheduled language at its rightful place in the Bank currency notes and the Indian Postal Orders. It appears that inclusion of scheduled languages on the language panel of Bank currency notes and Indian Postal Orders is intended only to display its face value and not to promote such languages. Therefore, non-inclusion of all scheduled languages in the legal tender of Reserve Bank of India and Indian Postal Orders cannot be held to be violative of constitutional guarantee. With rapid increase in literacy rate, display of the face value on a legal tender or Indian Postal Order in the scheduled/regional languages would not be of much significance. Induction of national language viz. Hindi and English as the lingua-franca are serving the purpose of rendering the holder of such legal tender or Indian Postal Orders capable of ascertaining its value. 8. Induction of national language viz. Hindi and English as the lingua-franca are serving the purpose of rendering the holder of such legal tender or Indian Postal Orders capable of ascertaining its value. 8. Having regard for the plea raised on behalf of the respondents that the panel of languages would be ever increasing on account of inclusion of more languages in 8th Schedule and lack of space on the standard bank notes and Indian Postal Orders may not admit of further accommodation of languages. Thus, this Court is constrained to reject the plea of the petitioner insofar as giving a positive direction is concerned. 9. The issue of re-classification of various languages and inclusion of a mother tongue in a language is a separate issue and the same is said to be awaiting finalization. The decision in this regard would depend upon various considerations and opinions of linguistic experts in the field will hold sway. 10. Petition is, accordingly, disposed of by directing the respondents to consider the prayer of the petitioner seeking incorporation of Dogri language on the language panel of Bank currency notes and Indian Postal Orders, if the same is possible. Decision in this regard be taken within a period of four months from the date copy of the order is served upon the respondents. Disposed of along with connected M.Ps.