CONSTITUTION LAW CIA-1.

Languages in India: Constitutional Impact on Marginalized Representation.

SUBMITTED BY

Uday Poonia
(Registration No. 2250131)

Advitya Ahlawat

(Registration No. 2250101)

SUBMITTED TO

Prof. Renuka Joseph

School of Law
CHRIST (Deemed to be University)
Bengaluru

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 TABLE OF CONTENTS
1. STATEMENT OF PROBLEM………………………………………………………...
…...3
2. RESEARCH QUESTIONS…………………………………………………………...…..4
3. RESEARCH OBJECTIVES………………………………………………………………5
4. METHODOLOGY………………...…………………………………………………….6
5. BACKGROUND………………………………………………………………….……..7
6. KEY WORDS…………………………………………………………………………10
7. REFERENCES.……………………………………………………………………….11

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 STATEMENT OF PROBLEM

This research's central problem is the potential disparity in the representation of marginalised
groups in the public sphere due to the multiplicity of languages in India. While the
Constitution guarantees equal rights to all citizens, linguistic diversity introduces
complexities that may hinder the effective representation, communication, and engagement of
marginalised communities in public discourse. Understanding the nature and extent of this
problem is crucial for developing informed policies and legal interventions that can bridge
linguistic gaps and enhance the inclusivity of the public sphere.

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 RESEARCH QUESTIONS

This research seeks to explore the influence of India’s linguistic diversity on the
representation of marginalized groups in the public sphere. It aims to understand the
constitutional provisions and legal frameworks that address this linguistic diversity and the
rights of marginalized communities. The study will also examine the extent to which India’s
linguistic policies have either contributed to or hindered the representation of these
marginalized groups in the public sphere. Furthermore, it will investigate how language-
based barriers affect the accessibility of legal information and justice for these communities.
This comprehensive exploration will provide valuable insights into the complex interplay
between language, law, and social representation in India.

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 RESEARCH OBJECTIVES

The research aims to undertake a comprehensive study of the interplay between linguistic
diversity and the representation of marginalized groups in the public sphere. It intends to
scrutinize the constitutional provisions and legal frameworks that cater to linguistic diversity
and the rights of marginalized communities. The effectiveness of current linguistic policies in
promoting inclusivity in public discourse and representation will be assessed. The study will
also pinpoint the obstacles that language-based barriers present in the access to legal
information and justice for marginalized communities. Lastly, it seeks to put forth
recommendations for legal reforms and policy interventions that could bolster the
representation of marginalized groups in the public sphere.

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 METHODOLOGY

This research will utilize a comprehensive methodology to address the research objectives. It
will begin with a legal analysis, examining constitutional provisions, legal frameworks, and
relevant statutes that address linguistic diversity and the rights of marginalized communities.
This will provide a foundational understanding of the legal landscape. The study will then
proceed with in-depth case studies to illustrate the practical implications of linguistic
diversity on the representation of marginalized groups in different regions of India. This will
help identify specific challenges and successes in various contexts. The research will also
include a content analysis of media content, public discourse, and legal documents to
understand the portrayal and engagement of marginalized groups in different languages. This
will help identify patterns and trends in media representation. Finally, a comparative analysis
of linguistic policies and their outcomes in other countries facing similar challenges will be
conducted to draw insights and recommendations applicable to the Indian context.

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 BACKGROUND

Unlike countries like the United States where political or social unrest is rarely overtly
expressed as language wars, India's complex linguistic terrain has served as a testing ground
for major language conflicts. David D. Laitin claims that these Indian disputes have been
crucial to discussions around the language issue and have even put the nation's unity in
jeopardy.1 India, a country of more than a billion people, has more than 200 non-scheduled
languages in addition to its unrivalled linguistic variety, which includes 22 scheduled
languages. The Indian subcontinent does not, however, include a single state that speaks just
one language.

Unlike countries like the United States where political or social unrest is rarely overtly
expressed as language wars, India's complex linguistic terrain has served as a testing ground
for major language conflicts. David D. Laitin claims that these Indian disputes have been
crucial to discussions around the language issue and have even put the nation's unity in
jeopardy. India, a country of more than a billion people, has more than 200 non-scheduled
languages in addition to its unrivalled linguistic variety, which includes 22 scheduled
languages. The Indian subcontinent does not, however, include a single state that speaks just
one language.

India faces difficulties in defining itself because it has more than 100 non-scheduled
languages. Twenty-two percent of people use Hindi as their mother tongue, and fifty-seven
percent use it as a first, second, or third language. States belonging to linguistic minorities,
especially those that are not Hindi-speaking states, have better economic growth rates than
the national average. However, conflicts between national states and the Union are sparked
by this economic success, which also adds to regional economic imbalances.

When it comes to addressing the representation of marginalised language communities in

India, the constitutional provisions are crucial. Articles 29 and 30 emphasise the commitment
to maintaining the many languages, scripts, and traditions of different groups by explicitly
recognising linguistic minorities.2 Article 30 of the Constitution grants minority populations
the right to create educational institutions of their choosing, regardless of language or

1
Kalra, R. & Dutt, A.K., Exploring Linguistic Diversity in India: A Spatial Analysis, in Handbook of the
Changing World Language Map (S. Brunn & R. Kehrein eds., 2019).
2
Constitution of India, arts. 29, 30 (India)

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religion.3 This is an important example of how these fundamental safeguards extend to the
field of education.

Explicit directives included in Articles 350 and 350A support the government's stated
intention to promote language diversity even further.4 These recommendations emphasise the
value of early education in maintaining linguistic heritage, particularly for kids from
linguistic minority groups, and they demand that primary schools offer mother tongue
instruction. This strategy fosters a sense of self and belonging among underprivileged
populations in addition to aiding in language preservation.

Languages which are not legally recognised in the Eighth Schedule 5, continue to maintain
great significance at the grassroots level in households and local communities despite the
gaps in constitutional status. This tenacity highlights the complex relationship that exists
between language, culture, and how poor populations are portrayed in India's multifaceted
mosaic.

Language-in-education policies in India are guided by the legislative foundations of the

Three-Language Formula, a landmark decision introduced in 1956. 6 This legal framework
establishes general guidelines for the inclusion of regional languages, Hindi or English, and a
third language in the curriculum, though implementation varies across states. Challenges in
implementing this formula, as noted by experts and scholars, highlight complexities arising
from different curricular requirements, resource distribution, and linguistic preferences.

The Right of Children to Free and Compulsory Education Act, which was passed in 2009,
provides further support for the statutory commitment to language diversity in education. 7 A
provision of the Act mandates that, if feasible, teaching be given to children in their mother
tongue. This is similar to the constitutional goal of safeguarding and promoting linguistic
variety in the educational setting.

This comprehensive analysis reveals the multifaceted challenges of language planning in

India's linguistically diverse society, from disputed language counts to intricate consequences
for the educational landscape. It underscores the necessity of inclusive and context-aware

3
Id.
4
Constitution of India, arts. 350, 350A (India)
5
Constitution of India, sch. 8 (India)
6
Ministry of Education, Govt. of India, National Policy on Education 1968, (1968).
7
Right of Children to Free and Compulsory Education Act, No. 35 of 2009, India Code (2009).

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language regulations, posing critical questions about legitimacy, protection, and the delicate
balance between unity and diversity.

Furthermore, richer and faster-growing linguistic minority states in India are calling for a
dilution of the horizontal devolution formula due to the widening economic gaps in the
country. Language minority communities feel excluded from the advantages of national
progress, as seen by the attacks against Hindi migrants that have recently occurred in
Mumbai, a linguistic minority state. Language minorities were given possibilities for political
and economic advancement through post-independence linguistic restructuring; yet, disputes
arose when these groups insisted on maintaining their identities and assimilating into the
greater community.

The predominance of English creates a hierarchical multilingualism in the larger South Asian
environment, with major languages in the centre, Indigenous and Tribal Minority (ITM)
languages at the bottom, and English (and, in certain circumstances, a significant national
language) at the top. Lower-level languages are marginalised as a result of this linguistic
double split, which especially affects ITM languages. 8 This causes domain contraction and
identity crises. Significantly, this hierarchical structure is ubiquitous in South Asian nations,
which are distinguished by bilingual social reality and monolingual governmental procedures.

The sociolinguistic situation in India is characterised by two divisions: the vernacular-

minority/Indigenous Language split and the English-regional dominant language divide. At
the top level, English—which is mostly learned via formal education—plays a prominent
role, pushing Hindi and other main languages to secondary roles. Different identification
tactics are used to negotiate this twofold split, which results in language migrations, linguistic
assimilation, and the simultaneous assertion and disregard of languages.

This twofold division has important ramifications for shift, marginalisation, linguistic change,
and maintenance. Through language socialisation processes, language policies in India,
particularly in the field of education, reflect these hierarchical preferences and aid in the
social construction and legitimation of language hierarchies. These factors will shape
multilingualism's future in India, weaving a complex and constantly changing tapestry of
relationships between languages and their speakers.

8
Kachru, B. B. (1994) “ENGLISH IN SOUTH ASIA,” in Burchfield, R. (ed.) The Cambridge History of the English
Language. Cambridge: Cambridge University Press (The Cambridge History of the English Language), pp. 497–
553

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 KEYWORDS

Linguistic Diversity, Constitutional Recognition, Minority Languages, Economic

Disparities, Socio-Linguistic Dynamics

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 REFERENCES

1. G. Austin (2010) Language and Politics in India.

2. John E. Joseph (2004) Language and Identity: National, Ethnic, Religious
(Houndmills, Basingstoke and New York: Palgrave MacMillan).
3. Kalra, R. & Dutt, A.K., Exploring Linguistic Diversity in India: A Spatial Analysis, in
Handbook of the Changing World Language Map (S. Brunn & R. Kehrein eds., 2019).
4. Jyotirindra, Das Gupta (1970) Language Conflict and National Development: Group
Politics and National Language Policy in India, (Bombay: Oxford University Press).
5. Poddar, S. (2023) “The decline of multilingualism in a divided public sphere: The
Indian Press and cultural politics in colonial Allahabad (1890–1920),” Modern Asian
Studies. Cambridge University Press, 57(6), pp. 1798–1828
6. Chowdhury, R., Misrepresentation of Marginalized Groups: A Critique of Epistemic
Neocolonialism, 186 J. Bus. Ethics 553 (2023).
7. Kachru, B. B. (1994) “ENGLISH IN SOUTH ASIA,” in Burchfield, R. (ed.) The
Cambridge History of the English Language. Cambridge: Cambridge University Press
(The Cambridge History of the English Language), pp. 497–553.
8. Sengupta, P., Linguistic Minority(s) in India: The Constitutional-Legal Framework for
Accommodation.
9. Constitution of India.
10. Ministry of Education, Govt. of India, National Policy on Education 1968, (1968).
11. Right of Children to Free and Compulsory Education Act, No. 35 of 2009, India Code
(2009).

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