Abstract

Human rights are the basic rights and freedoms that are entitled to every human being, regardless of
their race, gender, religion, or any other status. These rights are inherent and inalienable, meaning
that they cannot be taken away or given up. They include civil and political rights, such as the right to
life, liberty, and freedom of expression, as well as economic, social, and cultural rights, such as the
right to education, healthcare, and work. Linguistic human rights, on the other hand, are the rights
that individuals and communities have to use their preferred language(s) in public and private life.
These rights include the right to learn, speak, and write in one's native language, the right to use that
language in legal proceedings, and the right to access information and services in that language.
Linguistic human rights are important because language is an integral part of culture and identity,
and the denial of language rights can lead to discrimination and marginalization. Therefore, the
recognition and protection of linguistic human rights is essential for the promotion of diversity and
the full realization of human rights. During the 20th century, as different fractional interest groups
within India asserted their right to self-determination, "tribal" groups claimed to be the "original" or
indigenous" people of the subcontinent who had been depose later interlopers. They deployed the
Hindi term for "indigenous - that of "adivasi" - to describe themselves. This paper shall use the same
term “adivasi” just to avoid colonial derogatory. This paper will analyse the linguistic discrimination
faced by the Indigenous people in India.

Research Question

1. Whether they enjoy the Adivasi enjoy “same/similar/identical” or “comparable” language

rights as the majority does?
2. Whether the linguistic rights enjoyed by them enable access to state services and
participation at par with the linguistic majority?

Research Objective

1. To identify and analyse the constitutional and legal provisions that recognize and protect the
language rights of Adivasi people in India.

2. To evaluate the extent to which Adivasi people's language rights enable access to Legal
services and participation in public life at par with the linguistic majority.

Research Methodology

This paper has used the doctrinal type research where I have tried to find out the linguistic right
given to tribal people. As well I have tried to locate the legal provision which are applicable for
safeguarding and promoting there dialect. Towards the end of the paper I have tried to analysis the
challenges faced by Adivasi people and accessing justice and representation in modern in
cosmopolitan era.
Literature review

Bhangya Bhukya's article "The Mapping of the Adivasi Social: Colonial Anthropology and Adivasis 1"
critically examines the historical and colonial context in which Adivasi communities in India have
been studied and represented by anthropologists. The article highlights how colonial anthropology,
which emerged in the 19th century as a tool of empire, sought to categorize and classify Adivasi
societies according to Western models of knowledge production, often erasing their unique cultural
practices and forms of social organization. The article also highlights the importance of centering
Adivasi voices and perspectives in the study of their own communities, rather than relying solely on
external anthropological frameworks and methods. However, while the article provides a valuable
critique of colonial anthropology and its impact on Adivasi communities, it would benefit from a
more nuanced analysis of the ways in which contemporary anthropological research on Adivasis has
evolved in response to these historical legacies.

Mishra and Chandalia's2 article discusses the issue of linguistic human rights and the challenges
faced by tribal communities in India. The authors argue that the Indian government has failed to
adequately recognize and protect the linguistic rights of these communities, leading to the loss of
indigenous languages and cultures. The article highlights the need for greater recognition and
protection of linguistic human rights in India, particularly for marginalized and vulnerable
communities like the tribal groups. Overall, the authors make a compelling case for the importance
of linguistic human rights in ensuring cultural diversity and preserving the heritage of indigenous
communities.

The article by NALSAR3 provides a comprehensive analysis of the linguistic discrimination faced by
the Gond tribe of India. The authors explain how the Gondi language, which is spoken by the Gond
community, has been historically marginalized and oppressed due to the dominance of the Hindi
language in India. The article discusses how the lack of official recognition and support for Gondi has
led to the language being excluded from education, government services, and media. The authors
also highlight the importance of linguistic diversity and the need for greater efforts to protect and
promote minority languages like Gondi. Overall, the article provides a valuable perspective on the
linguistic discrimination faced by indigenous communities in India and the need for policies that
support linguistic diversity and cultural preservation.

The Wire's article sheds light on the entrenched legal and educational obstacles that linguistic
minorities in India face, hindering their ability to achieve equality. The authors highlight the
inadequate implementation of constitutional provisions meant to protect linguistic minorities,
including the lack of recognition for minority languages in education and government services. The
article also discusses how the Indian government's focus on the Hindi language as a unifying force
has contributed to the marginalization of other languages and communities. The authors call for
urgent reforms to ensure that linguistic minorities have equal opportunities and access to resources.

1
Bhangya Bhukya, The Mapping of the Adivasi Social: Colonial Anthropology and Adivasis.
2
Prashant Mishra & Hemendra S. I. N. G. H. Chandalia, Linguistic Human Rights and the Tribes in India,
https://www.academia.edu/7786218/Linguistic_Human_Rights_and_the_Tribes_in_India (last visited Mar 29,
2023).
3
The Language Rights Blog, Understanding Linguistic Discrimination Faced by the Gond Tribe of India – The
Language Rights Blog, (2021), https://thelanguagerightsblog.nalsar.ac.in/2021/05/14/understanding-linguistic-
discrimination-faced-by-the-gond-tribe-of-india/ (last visited Mar 29, 2023).
Overall, the article provides a critical examination of the systemic barriers faced by linguistic
minorities in India and underscores the importance of policies that promote linguistic diversity and
inclusion4.

4
Linguistic minorities in India: Entrenched legal and educational obstacles to equality, SOUTH ASIA@LSE (2019),
https://blogs.lse.ac.uk/southasia/2019/02/21/linguistic-minorities-in-india-the-entrenched-legal-and-
educational-obstacles-they-face/ (last visited Mar 29, 2023).
Introduction

The colonial period had a significant impact on the languages of the Adivasi communities in India.
During the colonial era, many Adivasi languages were either suppressed or replaced with the
dominant languages of the colonial powers, such as English and Hindi. The British colonizers in
particular saw the Adivasi languages as inferior and saw the imposition of English as a way to
"civilize" the Adivasis. They established schools where Adivasi children were taught English, and
those who spoke their native languages were often punished. This led to a decline in the use and
preservation of Adivasi languages. Additionally, the colonial government also imposed Hindi as the
official language of India, which further marginalized the Adivasi languages. Hindi became the
language of education, administration, and commerce, and those who did not speak it were at a
disadvantage. Furthermore, the colonial government also encouraged migration from other parts of
India to areas where Adivasi communities were living. This led to the displacement of Adivasis from
their land, as well as the dilution of their culture and language through intermarriage with outsiders.
The colonial period had a profound impact on Adivasi languages, leading to their suppression and
replacement by dominant languages such as English and Hindi. The legacy of this period can still be
seen today, as many Adivasi languages continue to be marginalized and face the threat of extinction.

The recognition of Adivasi languages in the Constitution of India is a topic of on-going debate and
discussion. Adivasi languages are spoken by indigenous communities in India who have a distinct
cultural identity and a unique way of life. The Indian Constitution recognizes the importance of
protecting the cultural and linguistic diversity of the country, and this includes the languages spoken
by Adivasi communities. Article 350A of the Constitution provides for the promotion of the "special
provisions" for the development of the language spoken by a section of the population. However,
there is on-going debate about the extent to which Adivasi languages are recognized and supported
by the government. Some argue that more needs to be done to protect and promote these
languages, including the inclusion of Adivasi languages in the Eighth Schedule of the Constitution,
which would give them official status and greater recognition. Others argue that the recognition of
Adivasi languages should not be limited to the Constitution, but should be part of a larger effort to
support and empower Adivasi communities. This could include measures such as providing
education in Adivasi languages, promoting cultural festivals and events, and supporting Adivasi art
and literature. Overall, the debate around the recognition of Adivasi languages reflects a broader
conversation about the importance of protecting and promoting linguistic and cultural diversity in
India. As the country continues to evolve and change, it will be important to ensure that the voices
and cultures of all communities are heard and respected.

Constitutional Provision

India recognizes several indigenous languages under its constitution, and the specific provisions
related to these languages are primarily found in Part XVII of the Indian Constitution. Article 345 of
the Constitution empowers state legislatures to adopt any one or more of the languages in use in the
state or Hindi as the official language(s) of the state. Article 346 further states that the state
legislature may provide for the use of any one or more of the languages in use in the state or Hindi
for the proceedings in the High Court situated in the state. Article 347 of the Constitution provides
for the appointment of a special officer for linguistic minorities by the President of India. This officer
is responsible for investigating and monitoring the implementation of constitutional safeguards for
linguistic minorities.5 The Constitution provides linguistic minorities with the fundamental right to
establish and manage educational institutions in their language of choice, as outlined in Article 30(1).
However, Article 351 directs the Union to promote Hindi as a means of expression across India,
which can have an imperialistic effect on speakers of other languages. The Constitution (Article 350
A) mandates that every state provides primary education in the mother tongue and appoints a
Special Officer for linguistic minorities (Article 350 B) to investigate matters related to linguistic
minorities and report them to the President. The Supreme Court of India defined a linguistic minority
as a group that at least has a spoken language, irrespective of whether they have a script or not, in
the case of DAV College etc. v/s State of Punjab 6, and other cases, in 1971. Additionally, in the case
of TA Pai Foundation and Others vs. State of Karnataka 7, it was held that the linguistic minority status
should be determined in the context of states rather than India as a whole.

International Provisions

The Universal Declaration of Human Rights recognizes that language rights cannot be separated
from other fundamental rights, such as the rights to expression, culture, and education. Articles 27,
28, and 29 of the Declaration specifically protect the rights of language communities to education in
their cultural and traditional languages, the preservation of cultural heritage, and the use of
language specific to the territory where one resides. These provisions not only protect linguistic
rights, but also educational and cultural rights of indigenous peoples. Language is fundamental to
the exercise of expression, participation in culture, and education. The denial of language rights is a
violation of human rights, as it impedes the ability to communicate, express oneself, and learn.
Therefore, it is essential to preserve language rights in order to maintain other human rights.

To preserve language rights, it is necessary to create an environment where indigenous people can
use their mother tongues for social, cultural, and educational purposes. This allows them to exercise
their linguistic right to express themselves and maintain their culture. Allowing tribal languages to be
used in various socio-cultural domains ensures their right to culture, and preserving tribal languages
through their use in education helps protect their educational rights 8.

Linguistic Discrimination of the Tribal Community

India is a diverse country with many ethnic groups and languages, but unfortunately, linguistic
discrimination is a harsh reality for many of its tribal communities. The tribal population in India has
been subjected to linguistic discrimination for a long time. The history of linguistic discrimination
against the tribal population can be traced back to the British colonial era, where their languages
were not given equal status and were considered inferior to English and Hindi. Even after
independence, linguistic discrimination against tribal languages continued. The Indian government
has recognized only 22 languages as official languages, and none of them belongs to any tribal
community. As a result, tribal languages were neglected, and tribal communities were forced to
adopt dominant languages such as Hindi or English. This neglect of tribal languages has led to a loss
5
Constitution of India, Part XVII, Articles 345, 346, 347, 350A, 350B.
6
DAV College etc. v/s State of Punjab is (1971) 2 SCC 269.
7
T.A. Pai Foundation v. State of Karnataka is (2002) 8 SCC 481
8
United Nations, Universal Declaration of Human Rights, UNITED NATIONS,
https://www.un.org/en/about-us/universal-declaration-of-human-rights (last visited Mar 29, 2023).
of cultural identity and has created a barrier to social and economic development for the tribal
population

In recent years, there has been some progress towards recognizing and preserving tribal languages
in India. In 2003, the Indian government launched the "Tribal Language and Cultural Development"
program, which aimed to promote the development of tribal languages and cultures. The program
provided financial assistance to tribal communities to develop their languages, literature, and
cultural heritage. However, the implementation of this program has been slow and ineffective.
Moreover, despite the existence of legal provisions, discrimination against tribal languages
continues. The use of tribal languages in education, administration, and media is limited, and the use
of Hindi or English is often mandatory. The lack of recognition of tribal languages has also led to the
loss of traditional knowledge and practices, which are often communicated through oral traditions
and tribal languages. Linguistic discrimination against tribal communities in India is a longstanding
issue. The neglect of tribal languages has led to a loss of cultural identity and has created a barrier to
social and economic development for these communities. Although some progress has been made
towards recognizing and preserving tribal languages, more needs to be done to ensure that tribal
communities are given equal status and opportunities. It is essential to promote and preserve tribal
languages and cultures to ensure that India's linguistic diversity is celebrated and that all
communities are given the respect they deserve.

Challenges Faced in Accessing Justice

India is home to a diverse range of tribal communities that have their own unique culture, language,
and traditions. These communities often face significant challenges in accessing justice due to
various factors, including language barriers. In this paper, we will explore the challenges faced by
tribal people in India in accessing justice due to language barriers, and provide a case law and case
study to illustrate the issue. One of the primary challenges faced by tribal people in India is the lack
of legal literacy and awareness. Many tribal communities are located in remote areas and have
limited access to education and information about their legal rights. This makes it difficult for them
to understand and navigate the complex legal system, including the language used in legal
proceedings. In addition, the official language of India is Hindi and English, which many tribal people
do not speak or understand. This poses a significant challenge when it comes to accessing justice as
legal proceedings and documents are often conducted and written in these languages.

Furthermore, even when tribal people do have access to legal representation, they may still face
challenges in communicating with their lawyers due to language barriers. This can make it difficult
for lawyers to understand their clients' needs and build an effective defense, ultimately leading to
unfair outcomes in court. To illustrate the issue, let us examine the case law of State of Maharashtra
v. Gopinath Shivram Shejwalkar9. In this case, the accused, who was a member of the tribal
community, was charged with the murder of a non-tribal person. The trial court convicted him and
sentenced him to life imprisonment.

However, on appeal, the High Court set aside the conviction and ordered a retrial due to the fact
that the accused was not provided with an interpreter during the trial. The High Court noted that the
accused, who spoke a tribal language, was unable to understand the proceedings and was not able
9
State of Maharashtra v. Gopinath Shivram Shejwalkar, 1981 CriLJ 1016 (Bom)
to effectively communicate with his lawyer. As a result, he was denied a fair trial. This case illustrates
the challenges faced by tribal people in accessing justice due to language barriers. The accused in
this case was unable to understand the legal proceedings and was not provided with an interpreter,
which ultimately led to an unfair outcome. Another case study that highlights the issue is that of the
Dongria Kondh tribe in Odisha 10. The tribe has been involved in a long legal battle against a mining
company that seeks to mine bauxite from their sacred hills. Despite winning a landmark case in the
Supreme Court in 2013 that recognized their right to self-determination and the protection of their
cultural and religious rights, the tribe has continued to face challenges in accessing justice.

One of the key issues faced by the tribe is the language barrier. The legal proceedings and
documents are conducted in Hindi and English, which many members of the tribe do not
understand. This has made it difficult for them to participate in the legal process effectively, leading
to delays and setbacks in their case.

Furthermore, the tribe has limited access to legal representation and support, which has further
compounded their challenges in accessing justice. Many lawyers and legal aid organizations are
based in urban areas and do not have the resources or knowledge to effectively represent the tribe's
interests. In addition to State of Maharashtra v. Gopinath Shivram Shejwalkar, there are several
other Indian case laws where tribal people's access to justice is challenged due to language barriers.
Here are some examples: Gram Panchayat of Village Nigohi v. State of U.P. 11.In this case, the
Supreme Court of India held that it is mandatory to provide an interpreter to a person who does not
understand the language of the court. The case involved a tribal person who was unable to
understand the proceedings in a civil court as they were conducted in Hindi. State of M.P. v. Kailash,
(2013)12: In this case, the Supreme Court emphasized the importance of providing interpreters to
persons who do not speak or understand the language of the court. The case involved a tribal person
who was charged with the murder of a non-tribal person and was unable to understand the
proceedings in court. Pankaj Kumar v. State of Maharashtra, (2014) 13. In this case, the Supreme
Court held that the right to interpretation is a fundamental right under Article 21 of the Indian
Constitution. The case involved a tribal person who was convicted of an offence but was unable to
understand the proceedings as they were conducted in a language he did not understand. These
case laws illustrate the importance of addressing the language barriers faced by tribal people in
accessing justice in India. They highlight the need for measures such as the provision of interpreters,
translation services, and legal aid to ensure that tribal people are able to understand and effectively
participate in legal proceedings.

Conclusion

10
Ministry of Environment and Forests v. Vedanta Resources, (2013) 11 SCC 1.
11
Gram Panchayat of Village Nigohi v. State of U.P., (2019) 6 SCC 267
12
of M.P. v. Kailash, (2013) 5 SCC 1
13
Pankaj Kumar v. State of Maharashtra, (2014) 4 SCC 779
The government should reconsider granting official status to dialects spoken by unnotified tribes.
Doing so would make the languages eligible for various benefits, such as cultural incentives,
employment opportunities, and monetary and pedagogic benefits. The tribes would also gain
membership in the Official Language Commission and translation services in parliament.
Additionally, government officials should be trained to work for the welfare of tribals, including
language training programs or learning the local languages informally from the tribals themselves.
This linguistic skill can be used to understand and address grievances peacefully. It's necessary to
eliminate language dominance and encourage peaceful coexistence among all languages. Civil
servants should be more accountable to the public than to their political superiors, achieved through
citizen charters, social audits, and outcome orientation.