REFORMATION OF

RELIGIOUS AND
LINGUISTIC MINORITY
Reformation
• the act or process of improving something or someone by removing
or correcting faults, problems,
MINORITY
• TERM MINORITY NOT DEFINED IN OUR CONSTITUTION
• National Commission for Minorities Act, 1992 in Section 2 (c) of the
act defines a minority as “a community notified as such by the Central
government”.
• According to famous political thinker and writer Humayun Kabir
Minorities are nuemerically smaller groups having common features
and sense of akinness and sense of community and unity amidst
themselves and sense of distinctness from the majority
• Article 30 (1) of our constitution recognizes religious and linguistic
minorities
RELIGIOUS MINORITIES
• THERE ARE SIX RELIGIOUS MINORITIES RECOGNISED IN INDIA
• MUSLIMS
• SIKH
• CHRISTIANS
• PARSIS
• JAINS
• BUDHIST
• SO WE WILL DISCUSS ABOUT REFORMS IN THESE RELIGIONS AND
INTROVENTION OF GOVERNEMT AND COURTS IN SOME CASES
SIKH REFORMS
• FOUNDER NANAK AND FOLLOWERS ARE SIKHS
• NANAK TOLD PEOPLE THAT IF THEY WANTED TO LOVE GOD THEY
MUST LOVE OTHERS
• SINGH SABHA MOVEMENT WAS IMPORTANT RELIGIOUS REFORM
• 19TH CENTURY
• SPREAD WESTERN EDUCATION
• PROMOTE SIKH LITERATURE
• OPEN NEW EDUCATIONAL INSTITUTION
• PROMOTE TECHNICAL AND AGRICULTURAL EDUCATION
• EMPHASIS ON PUNJABI LANGUAGE
• RECONVERSION
MAJOR ACHIVEMENTS
• FIGHT AGAINST IDOLARITY , CASTE SPIRIT AND CASTE SYSTEM AND
SOCIAL AND RELIGIOUS STRUCTURES UPHOLDING THEM
• KHALSA COLLEGE IN AMRITSAR IN1892
• PASSING OF ANAND MARRIAGE ACT IN 1909 WHICH LEGALIZE SIKH
MARRIAGE
• ISSUED LARGE NUMBER OF BOOKS DEALING WITH SIKH RITUALS AND
CEREMONIES
• LEADERS TOOK MODERATE PATH AND AVOID VOILANCE
PARSIS MOVEMENT
• VERY SMALL COMMUNITY IN INDIA BUT CONTRIBUTED A LOT IN
INDIAN SOCIAL , CULTURAL AND EDUCATIONAL FIELDS
• THEY PROVIDE EQUAL EDUCATIONAL OPPERTUNITIES TO BOTH MEN
AND WOMEN
• In 1849 the Jamsetjee Jejeebhoy Parsi Benevolent Institution was
established by the merchant-prince Jamsetjee Jejeebhoy
• In 1858, the Parsi Girls’ School Association was started specifically for
the promotion of Parsi female education
Rahnumai Mazdayasnan Sabha
• ALSO KNOWN AS RELIGIOUS REFORM ASSOCIATION IN 1851
• FOUND BY DADA BHAI NAVROJI
• ATTEMPT TO simplify Parsi religious practices and rituals, translating
prayers into the vernacular LANGUAGE
• RELEGIOUS RITUALS WERE REFORMED
• REMOVAL OF PURDHA
• RISING AGE OF MARRIAGE AND THUS AVOID CHILD MARRIAGE
CHRISTIAN REFORM
• MISSIONARIES PALIED IMPORTANT ROLE IN EDUCATION AS WELL AS
SOCIAL TRANSFORM
• TEACHING OF JESUS CHRIST INFLUENCED LEADERS LIKE RAJA RAM
MOHANROY WHO WAS THE KEY PERSON BEHIND THE ABOLITION OD SATI
• SANTAFE SCHOOL IN GOA IN 1540 WAS THE FIRST CHRISTIAN
EDUCATIONAL INSTITUTION OUT SIDE EUROPE
• 1548 IT WAS RAISED TO COLLEGE AND RENAMED AS ST PAULS COLLEGE
• IN 1731 TAMIL SCHOOL WAS ESTABLISHED BY THE MISSIONARIES IN
ELACURICHI TAMIL NADU
CHRISTIAN REFORM

• CATHOLIC SANSKRIT SCHOOL WAS FOUNDED IN KOONAMAVU AND

MANNANAM BY KURIACOSE ELIAS CHAVARA IN 1846
• SOME COLLAGES ESTABLISHED DURING 1833-1857 WERE
ST XAVIERS COLLEGE IN KOLKATHA
MADRAS CHRISTIAN COLLEGE
ST JOHNS COLLEGE IN AGRA
HILSOP COLLEGE IN NAGPUR
women empowerment
• MISSIONARIES ALSO WORKED FOR THE IMPROVEMENT OF WOMEN
IN THE SOCIEY
• THEY STARTED FIRST EVER GIRLS SCHOOL IN INDIA IN KOTTAYAM IN
1819
CHRISTIAN REFORMS

• HEALTH CARE
• CRUZE DE COCHIN PROBABLY THE FIRST CHRISTIAN HOSPITAL IN INDIA
• IN 1550 FR. HENRY ESTABLISHED A CHRISTIAN HOSPITAL IN TAMILNADU
• LEPROSY MISSION FOUNDED BY MISSIONARIES IN 1874 AND EXTENDED ITS
PROGRAMME THROUGHOUT THE COUNTRY IN 1917. AIM OF THE
FOUNDATION WAS TO FIGHT AGAINST LEOPRASY AND TO SUPPORT THOSE
ARE SUFFERING DUE TO LEPROSY
• THESE CHRISTIAN MISSIONARIES AND CHURCHES HAVE NUMBER OF CARE
AND SUPPORT CENTERS FOR PEOPLE LIVING WITH AIDS
MARY ROY V STATE OF KERALA
• ACCORDING TO TRAVANCORE CHRISTIAN SUCCESSION ACT A MAN DIED
WITHOUT LEAVING A WILL FOR HIS DAUGHTER SHE WOULD BE ENTITLED TO
NOTHING . A SON WOULD HOW EVER ENTITLED TO THE PROPERTY
• MARRY ROY CHALLENGED THIS PROVISION AS IT IS VIOLATIVE OF ARTICLE 14
OF THE CONSTITUTION
• bench led by Justice P. N. Bhagwati and Justice R. S. Pathak heard the case
and delivered the judgement in 1986.
• The court held that no personal law can be prioritized or held above the
Constitution of India and hence if any act in an area invalidates the
significance and importance of the provisions of the constitution then such a
provision shall be held void and therefore must not be applicable.
MUSLIM REFORM
• ALLIGARGH MOVEMENT
• SIR SYED AHMED KHAN FOUNDER
• AIM TO IMPROVE THE CONDITION OF INDIAN MUSLIM AND THEY PROMOTED
STUDY OF EUROPIAN SCIENCE AND TECHNOLOGY
• MUHAMMEDAN ANGLO ORIENTIAL COLLEGE WAS ESTABLISHED AS A PART OF
THE MOVEMENT COLLEGE WAS OPEN FOR BOTH MUSLIM AS WELL AS NON
MUSLIM STUDENTS
• AHMADIYA MOVEMENT
• FOUNDED BY MIRZA GULAM AHMED
• BASED ON THE PRINCIPLE OF HUMANITY
• THEY OPPOSED SACRED WAR AGAINST NON MUSLIMS
MUSLIM WOMEN
• FACED DISCRIMINATION IN THE SOCIETY THEY WERE EDUCATIONNALY
BACK WARD COMMUNITY
• 1906 SHAIK ABDULLAH AND HIS WIFE WAHID JAHAN ESTABLISHED A
SCHOOL IN ALIGARH FOR MUSLIM GIRLS
• 1914 BEEGUM OF BHOPAL ALSO FOUNDED A GIRLS SCHOOL IN BHOPAL
• REMOVAL OF PURDHA MOVEMENT WAS ANOTHER IMMPORTANT
MOVEMENT IN THE HISTORY OF MUSLIM WOMEN . IN 1929 WHILE
PRESIDING OVER AN ALL INDIA WOMENS CONFERENCE BEEGUM OF
BHOPAL PUBLICALLY REMOVED HER PURDHA AND PASSED A
RESOLUTION AGAINST PURDHA
MUSLIM WOMEN
• IN THE EARLY 20TH CENTURY PURDDHA CLUBS WERE ESTABLISHED
ACROSS INDIA WHICH WERE FORUMS FOR MUSLIM WOMEN
PROVIDED SPACE FOR SHARING ISSUES OF COMMORN CONCERN
• AS A RESULT OF THESE ACTIONS IN 1946 BEEGUM SHANAWAZ AND
BEEGUM SHAISTA WERE ELECTED TO THE CONSTITUENT ASSEMBLY
MOHD. AHMED KHAN V SHAHBANO
BEGUM
• FIVE JUDGE BENCH IN SUPREME COURT DECIDED THE CASE AND
VERDICT WAS GIVEN BY Y C CHANDRACHUD WHO WAS THE CHIEF
JUSTICE
• SUPREME COURT STATED THAT SECTION 125(3) OF CRPC IS
APPILICABLE TO ALL CITIZEN INDEPENDENT OF RELIGION
• OBLIGATION OF MUSLIM HUSBAND TO PAY MAINTENANCE TO WIFE
EXTEND BEYOND IDDAT PERIOD IN THE EVENT THAT WIFE DOESNOT
HAVE SUFFICIENT MEANS TO MAINTAIN HER SELF
• PAYMENT OF MEHAR BY HUSBAND ON DIVORCE iS NOT SUFFICIENT
TO EXEMPT HIM FROM THE DUTY TO PAY MAINTENANCE
The Muslim Women (Protection of Rights on
Divorce) Act 1986
• ACT DILUTED THE IMPACT OF JUDGEMENT
• allowed maintenance to a divorced woman only during the period of
iddat, or till 90 days after the divorce, according to the provisions of
Islamic law
• Counted as one of Rajiv Gandhi’s most misguided decisions,
SHAIRA BHANO CASE
• SC declared the practice of Triple Talaq unconstitutional by a 3:2
majority and directed the legislature to take measures against it in
order to stop the abuse against women
• The Court held the practice to be violative of fundamental rights
under Part III of the Constitution.
• the Court opined that many other Muslim countries in the world have
already abolished this practice on the ground that it lacks sanction
from the Quran and was neither encouraged nor followed by the
Prophet
Muslim Women (Protection of Rights on
Marriage) Act, 2019
• the Parliament of India decided to make triple talaq a punishable
activity and passed the Muslim Women (Protection of Rights on
Marriage) Act, 2019
• Section 3 under Chapter 2 of the Act declares Talaq-e-Biddat void and
illegal. Section 4 describes the punishment that must be awarded to
the person who tries to divorce his wife through talaq-e-bidat or triple
talaq. The punishment extends to 3 years of imprisonment along with
a fine.
JAIN RELIGIOUS REFORMS
• DHAKSHIN MAHARASHTRA JAIN SABHA FOUNDED IN 1899 IN
MAHARASHTRA
• THEY OPPOSSED CHILD MARRIAGE WHICH WAS PREVELENT AMONG
JAIN COMMUNITY
• IN 1904 THEY OPPOSED PRACTICES LIKE DOWRY
• INTELLECTUAL LEADERS ALSO SUPPORTED INTER CASTE AS WELL AS
INTER RELIGIOUS MARRIAGE AND LAUNCHED ANTAR JATHIYA
VIVAHA ANDHOLANA MOVEMENT TO SUPPORT THIS
JAIN RELIGIOUS REFORMS

• These were led by educated persons who took an interest in their

own community and who were concerned to eradicate what they
regarded as bad or irreligious practices which had crept into Jainism
inthe medieval period, due to the influence of other religions
Bal Patil & Another v. Union of India & Others (2005) 6
SCC 690
• Sikhs and Jains, in fact, have throughout been treated as part
• of the wider Hindu community which has different
• sects, sub-sects, faiths, modes of worship and
• religious philosophies.
Committee of Management Kanya Junior High School Bal Vidya Mandir, Etah, U.P.
V
Sachiv, U.P. Basic Shiksha Parishad Allahabad

• Appeal (civil) 9595 of 2003

• BENCH OF S. B. SINHA & DALVEER BHANDARI
• Jain religion indisputably is not a part of Hindu religion. AND
RECOGNIZED AS A MINORITY RELIGION
COMMITTIEES APPOINTRD AND THEIR
FINDINGS
• after independence government of india appointed committees TO
UNDERSTAND THE CONDITIONS , STATUS IN SOCIETY AND NEED OF
IMPROVEMENT AMONG MINORITIES
GOPAL SINGH COMMITTEE

• APPOINTED BY CENTRAL GOVERNMENT EXAMINED PROBLEMS OF

MINORITY
• SUBMITTED REPORT IN 1983

• IT SUGGESTED PROPORTIONATE NOMINATION OF MINORITY

COMMUNITY MEMBERS TO GOVERNING BODIES OF PUBLIC
UNDERTAKINGS AND BANKS AND FOR ADEQUATE
REPRESENTATION OF THEM IN EVERY RECRUITING AGENCY OR
SERVICES COMMISSION
RAJINDER SACHAR COMMITTEE
• APPOINTED BY CENTRAL GOVERNMENT IN 2006
• TO EVALUATE SOCIAL ECONOMICAL AND EDUCATIONAL STATUS OF
MUSLIMS
• COMMITTE FOUND THAT EVENTHOUGH MUSLIMS CONTRIBUTED
13.9% OF POPULATION THEIR REPRESENTATION IN GOVERNMENT JOB
IS 4.9%
• LITERACY RATE IS 59% WHICH IS LESS THAN THE NATIONAL AVERAGE
• THERE REPRESENTATION IN LOKSABHA IS ALSO VERY LESS COMPARED
TO THEIR POPULATION ONLY 33 MEMBERS WERE FROM MUSLIM
COMMUNITY
RAJINDER SACHAR COMMITTEE

• COMMITTEE SUGGESTED DIFFERENT METHODS INCLUDING

NOMINATION TO PUBLIC BODIES, PROVIDE FINANCIAL SUPPORT TO
STUDENTS AND RESERVATION POLICIES ETC TO UPLIFT THE
COMMUNITY
• THIS WAS AN IMPORTANT MEASURE TAKEN BY THE GOVERNMENT
FOR THE PROTECTION OF MUSLIM MINORITY
Rangnath Mishra commission on minorities
• October 2004
• to study various aspects of religious and linguistic minorities.
• submitted its report to the government in May 2007
• RECOMMENDATIONS
• Ten per cent of the Central Government jobs should be reserved for Muslims
and five per cent for other minorities in all cadre and grades
• Establishment of a national level Coordination Committee consisting of
representatives of all the nationalized banks and other financial institutions to
work under the Reserve Bank India for monitoring credit flow to the minoritie
• To delink the Scheduled Caste (SC) status from religion and abrogation of the
1950 Scheduled Caste Order, which “still excludes Muslims, Christians, from
the SC STATUS
MINORITIES COMMISSION
• CONSTITUTED IN 1978 THROUGH ADMINISTRATIVE ORDER. AND IN
1992 STATUTORY BASIS WAS GIVEN TO COMMISSION BY NATIONAL
COMMISSION FOR MINORITIES ACT
• COMMISSION ENTRUSTED WITH THE TASK OF EVALUATING VARIOUS
SAFEGUARDS PROVIDED TO MINORITIES BY THE CENTRAL AND STATE
GOVERNMENT
• RECOMMENDARY BODY TO CONDUCT STUDY ,RESEARCH AND
ANALYSE
FUNCTIONS OF MINORITY COMMISSION
• Evaluate the progress of the development of Minorities under the Union and States.
• Monitor the working of the safeguards provided in the Constitution and in laws enacted by
Parliament and the State Legislatures.
• Make recommendations for the effective implementation of safeguards for the protection of the
interests of Minorities by the Central Government or the State Governments.
• Look into specific complaints regarding deprivation of rights and safeguards of the Minorities
and take up such matters with the appropriate authorities.
• Cause studies to be undertaken into problems arising out of any discrimination against
Minorities and recommend measures for their removal.
• Conduct studies, research and analysis on the issues relating to socio-economic and educational
development of Minorities.
• Suggest appropriate measures in respect of any Minority to be undertaken by the Central
Government or the State Governments.
• Make periodical or special reports to the Central Government on any matter pertaining to
Minorities and in particular the difficulties confronted by them. Any other matter which may be
referred to it by the Central Government.
CONSTITUIONAL PROTECTION
• PREAMBLE OF THE CONSTITUTION ASSURE THAT THE COUNTRY AS A
SECULAR ONE
• ARTICLE 25 SAYS THAT ALL PERSON ARE EQUALLY profess propagate
and practice religion
• article 26 gives right to form and maintain religious and charitable
intents
• article 27 ensure freedom as to payment of taxes for promotion of any
particular religion
• Article 28 provide freedom as to attendance at religious worship in
certain educational institution
court observations
• in st xaviers case j. H R KHANNA OBSERVED THAT CONSTITUTIONAL
MISSION WAS TO SATISFY EVERY INTEREST AND SAFEGUARD THE
INTEREST OF ALL MINORITES
• S.P Mittal v. Union of India (1983 SCR (1) 729), the five judge bench of
Supreme Court has stated: In order to claim the benefit of Article
30(1), the community must show two things
• that it is religious/linguistic minority
• that the institution was established by it. Without satisfying these two
conditions it cannot claim the guaranteed rights to administer it
court observations
• A.P. Christians Medical ... vs Government Of Andhra Pradesh
• 1986 AIR 1490
• it was held by the court that the institution in question was not a minority
institution. The court classified that the protection of Article 30(1) is not
available if the institution is a mere cloak or pretension and the real motive is
business adventure
• State of Kerala v. Very Rev. Mother Provincial 1970(2) SCC 417
• The court stated that: “It matters not if a single philanthropic individual with his
own mean, founds the institution or thecommunity at large contributes the
funds. The position in law is the same and the intension in either case must be
to found an institution for the benefit of a minority community by a memberof
that community.”
LINGUISTIC MINORITY

• Language in pre- independent India

• Language played a very CRUCIALrole in Indian politics
• many people of the different regions in India felt the need for an Indian
language to act as a link language for inter-regional communication
• Most social reformers of India believed that language was a powerful force
and can be utilized for eradicating the evil social practices that have crept into
the Indian society
• Raja Ram Mohan Roy personally believed in the spread of English and
western education for the upliftment of the Indian masses.
• “Brahmo Samaj and the Arya Samaj were in favour of popularizing Hindi for
this purpose
• AFTER 1920 NAGPUR SESSION INDIAN NATIONAL CONGRESS STARTED TO
RE ORGANIZE IN LINGUISTIC BASIS
• The Nehru Committee of the All Parties Conference of 1928 also
provided support to the linguistic principle.THE COMMITTEE OBSERVED
THAT distribution of provinces in India had no rational basis and was a
result of accident and circumstances of the growing British power in India
• The APCR also strongly recommended that Hindustani should be the
common language of the whole of India but at the same time the
provincial languages must also be encouraged for the rapid development
of the provinces
• SIMON COMMISSION 1928 ALSO SHARED THE VIEW OF APCR FOR
distribution of provinces in India on linguistic basis
• The Commission also recommended the formation of a Boundaries
Commission with a neutral Chairman
• in March 1938 Provinces based on language i.e. Tamil, Kannada, Telugu
and Malayalam”was separated out of the Madras Presidency
• Similar “resolution was passed in the Bombay Legislative Assembly for
the creation of a Karnataka province
• THESE ARE THE MAJOR DEVELOPMENT OF LIGUISTIC PROVINCE IN PRE
INDEPENDENT INDIA
CONSTITUTIONAL ASSEMBLY AND
LINGUISTIC ISSUES
• political leaders of the time like Nehru, Patel, Ambedkar were
opposed to the idea of linguistic reorganization of the state
• AMBEDKAR was of the opinion that States Reorganization was a
scheme of dividing India in the name of linguistic states which will
lead to “consolidation of north and balkanization of south”
• Nehru too was not in favor of linguistic reorganization
• INC LEADERS BELEVED THAT language like religion can become
divisive
• The Constituent Assembly members were clearly divided into two
groups on the issue of official language of the Indian union.
• The first group called ‘Hindiwallahs’favored Hindi in Devanagari script
to be the sole official language of India whereas the other group of
members from South and East India favored English along with Hindi
to be the official language of India.
• Hindi in Devanagari script was declared as the official language for the
Union of India by a margin of one vote. But English was declared as
the additional official language of India
Linguistic Provinces Commission (LPC)
• popularly called the Dar Commission appointed to look into the issue of
language as the ground for re-formation of independent India
• Commission (LPC) submitted its report in December 1948 and
recommended against language being the exclusive basis for formation
of provinces in India. It further concluded that whenever the task of
formation of new provinces is taken up “oneness of language may be
one of the factors to be taken into consideration along with others; but
it should not be the decisive or even the main factor
• The Linguistic Provinces Commission report met with severe opposition
JVP COMMITTEE
• This led to the appointment a three member committee of the
Congress with Jawaharlal Nehru, Sardar Patel, and Pattabhi
Sitaramayya (JVP Committee)
• This committee also recommended against the linguistic formation of
Indian states. it commented that, “that the old Congress policy of
having linguistic provinces would jeopardize the political and
economic stability of the country, and hence cautioned that such a
principle can only be applied after careful thought on a case to case
basis
STATE REORGANIZATION
COMMISSION
• BUT AFTER THE DEATH OF POTTI SRI RAMALU FOR ANDHRA STATE
GOVERNMENT FORCED TO REORGANIZE STATES ON LINGUISTIC BASIS
• STATE REORGANIZATION COMMISSION WAS CONSTITUTED BY THE
INDIAN GOVERNMENT IN 1953 AND IN 1955 SRC SUBMITTED ITS
REPORT
• RECOMMENDATIONS OF SRC WERE ACCEPTED WITH SOME
MODIFICATION AND IMPLIMENTED AS STATE REORGANIZATION ACT
IN 1956
• 14 STATES AND 6 UNION TERRITORIES WERE FORMED AS PER STATE
REORGANIZATION ACT
Language Policy in India
• India adopted a two level language policy
• National level: at the national level, India follows bilingualism i.e. two
languages Hindi and English are recognized as the official languages
of the Union of India.
• State level: at the state level, the major regional language(s) of the
states’ are declared as the official language. And along with this there
is a provision by which the states can declare any other language as
the additional official language.
Language Policy in India

• Hence, at the state level there is mostly one officially recognized

language (majority language in most cases) of the state besides
English in the Southern and eastern states of India and Hindi in the
northern and western states.
• THIS POLICY WILL HELP IN THE DEVELOPMENT OF MANY REGIONAL
LANGUAGES. BUT, if a language is not the official language of any
state in India it suffers disadvantage.
Linguistic Group Rights AND ConstitutiON
• EIGHTH SCHEDULE
• NEHRU CONSIDERED EIGHTH SCHEDULE AS THE ASSURANCE TO REGIONALLANGUAGES
• NOW THERE ARE 22 LANGUAGES INCLUSED IN THE SCHEDULE
• IN THE OPINION OF DURGA BHAI DESH MUKH THESE LANGUAGES INCLUDED
IN THE SCHEDULE TO PROTECT THEM FROM BEING IGNORED OR WIPED OUT BY
THE HINDI WALAS
• WHO HAS THE POWER TO ADD A LANGUAGE IN EIGHTH SCHEDULE
• IN KANHAIYA LAL SETHIYA V UNION OF INDIA AIR1998 SC365 SUPREME COURT
OBSERVED THAT TO INCLUDE OR NOT INCLUDE A LANGUAGE IN EIGHTH
SCHEDULE IS POLICY MATTER OF CENTRAL GOVERNMENT AND COURT CANNOT
INTERFERE IN THE MATTER. AND NO ONE HAS ANY FUNTAMENTAL RIGHT TO
COMPELL THE CENTRE TO INCLUDE ANY LANGUAGE IN THE SCHEDULE
• 8th schedule protected many languages and give recognition to those
languages
• which include litrary awards , film awards etc which also help in the
GROWTH of those languages
PUBLIC EMPLOYMENT AND
LANGUAGE
• ARTICLE 16(1) GURANTEES EQUALITY OF OPPERTUNITY TO ALL
CITIZEN IN MATTERS RELATING TO PUBLIC EMPLOYMENT
• LANGUAGE IS NOT AN EXPRESLY PROHIBITTED GROUND OF
DISCRIMINATION UNDER ARTICLE 16(2)
• BUT WHEN LANGUAGE CRITERION IS USED BY STATE IN MATTERS OF
PUBLIC EMPLOYMENT THE QUESTION OF REASONABLE
CLASSSIFICATION ARISE UNDER ARTICLE 14 AND 16(1)
PUBLIC EMPLOYMENT

• IN PRADEEP JAIN V UNION OF INDIA AIR1984 SC 1470

• JUSTICE BHAGAVATI OBSERVED THAT It is difficult to see how a citizen
having his permanent home in Tamil Nadu or speaking Tamil language
can be regarded as an outsider in Utttar Pradesh or a citizen having his
permanent home in Maharashtra or speaking Marathi language be
regarded as an outsider in Karnataka. He must be held entitled to the
same rights as a citizen having permanent home in Uttar Pradesh or
Karnataka as the case may be. To regard him as an outsider would be to
deny him his constitutional right and to derecognise the essential unity
and integrity of the country AND REJECTED RULE OF PREFERENCE TO
LOCALS IN ADMISSION TO MEDICAL COLLEGES
PUBLIC EMPLOYMENT

• UPSC HAS ALLOWED TO TAKE ALL INDIA SERVICE EXAMINATION IN ANY OF THE
LANGUAGE IN SCHEDULE 8 WHICH ALSO GIVE PROTECTION TO MINORITIES
• IN JAVED NIYAZ BEG V UNION OF INDIA AIR 1981 SC 794
• In this case, at issue was the constitutionality of a UPSC notification about combined
competitive examination for All-India Services, exempting the candidates hailing from
the North-Eastern States/Union Territories of Arunachal Pradesh, Manipur, Meghalaya,
Mizoram and Nagaland from taking examination in any of the Eighth Schedule
languages. In fact, scoring qualifying mark in any of the Eighth Schedule language
papers was a general requirement for other candidates. Since many of the North
Eastern languages had inherent handicaps because of non-development and were not
included in the Eighth Schedule, the Government provided for the above exemption.
The Supreme Court upheld the notification on the basis of substantive equality. V.R.
Krishna Iyer, J. for the Court observed, This concession is not contravention of equality
but conducive to equality. It helps a handicapped group and does not hamper those
who are ahead."
EDUCATION AND MINORITY
LANGUAGE
• Part III FUNTAMENTAL RIGHTS conferring specific advantages and
protections to the linguistic minorities. Right to conserve culture,
language and script under Article 29, right to establish and administer
educational institutions under Article 30 ARE THE RIGHTS AVAILABLE
TO THE MINORITIES
• ACCORDING TO ARTICLE 345 STATES ARE FREE TO CHOOSE THEIR
OFFICIAL LANGUAGE BUT THEY MUST RESPECT THE FUNTAMENTAL
RIGHTS OF RELIGIOUS AND LINGUISTIC MINORITIES TO PRESERVE
THEIR IDENDITY AND TO ALLOW THE ESTABLISHMENT OF PRIVATELY
RUN INSTITUTION IN MOTHER TONGUE FOR EDUCATION
FOUR LANGUAGE POLICY
• MANY INDIAN STATES FOLLOW THIS FOUR LANGUAGE SYSTEM OF
EDUCATION
• LANGUAGES INCLUDE
• ENGLISH
• HINDI
• REGIONAL LANGUAGE/LARGEST MINORITY GROUPS LANGUAGE
• STATE OFFICIAL LANGUAGE
• KARNATAKA , ASSAM ,GUJARAT FOLLOW THIS SYSTEM
THREE LANGUAGE FORMULA
• 1ST LANGUAGE = MOTHER TONGUE OR REGIONAL LANGUAGE
• 2ND LANGUAGE = HINDI SPEAKING STATES ENGLISH OR SOME OTHER
MODERN LANGUAGE NON HINDI
SPEAKING STATES SECOND LANGUAGE WILL BE HINDI
• 3RD LANGUAGE = ENGLISH IF HINDI IS THERE SECOND LANGUAGE
NON HINDI SPEAKING STATES ANY OTHER INDIAN
LANGUAGE
• BOTH THREE LANGUAGE OR FOUR LANGUAGE SYSYTEM GIVE
ADEQUATE REPRESENTATION TO REGIONAL LANGUAGES
• BUT HERE ALSO MANY TRIBAL LANGUAGES DIDNT GET ADEQUATE
REPRESENTATION
MINORITY LANGUAGES FOR OFFICIAL
PURPOSE
• AT DISTRICT LEVEL AND BELOW IF A LINGUISTIC MINORITY CONSTITUTES 15-
20% OF POPULATION IMPORTANT GOVERNMENT NOTICES , PUBLICATIONS
AND RULES SHOULD ALSO BE PUBLISHED IN MINORITY LANGUAGE
• AT DISTRICT LEVEL IF MORE THAN 60% OF POPULATION USE A LANGUAGE
OTHER THAN OFFICIAL LANGUAGE OF STATE THAT LANGUAGE SHOULD BE
RECOGNISED AS ADDITIONAL LANGUAGE OF STATE
• AT STATE HEADQUARTERS A TRANSLATION BEAUREU SHOULD BE SETUP
WHERE ARRANGEMENTS MAY BE MADE FOR TRANSLATION AND
PUBLICATION OF IMPORTANT RULES , REGULATIONS ETC INTO MINORITY
LANGUAGES IN STATE OR DISTRICT OR WHERE EVER A LINGUISTIC MINORITY
CONSTITUTE 15-20% OF POPULATION
MEDIA
• IN INDIA THERE IS NO BAR TO START A NEWS PAPER OF TV CHANNEL
IN ANY LANGUAGE OF DIALECT. IT IS UPTO THE PUBLISHER AND
READER/ VIEWER TO CHOSE THE LANGUAGE
• ACCORDING TO SURVEY IN 2002 NEWS PAPERS ARE PUBLISHED IN
MORETHAN 101 LANGUAGES INCLUDING SOME FOREIGN
LANGUAGES
COMMISSIONER FOR LINGUISTIC
MINORITIES
• ARTICLE 350b
• Has been appointed by the Government of India to look after the
protection measures in place for the linguistic minorities. The function
of the Commissioner is to investigate matters associated with
safeguards available for linguistic minorities and report to the
President of India on their implementation.
• provide and ensure equal opportunities, platforms and awareness for
the linguistic minorities for their development and overall national
integration.
• The Commissioner must make it certain that effective implementation
of the safeguards provided for THEM in the Indian Constitution