Need for a Linguistic Policy | UPSC

Spread the love

IASbhai Daily Editorial Hunt | 23rd Sep 2020

Your time is limited, so don’t waste it living someone else’s life.– Steve Jobs

Dear Aspirants
IASbhai Editorial Hunt is an initiative to dilute major Editorials of leading Newspapers in India which are most relevant to UPSC preparation –‘THE HINDU, LIVEMINT , INDIAN EXPRESS’ and help millions of readers who find difficulty in answer writing and making notes everyday. Here we choose two editorials on daily basis and analyse them with respect to UPSC MAINS 2020.

EDITORIAL HUNT #151 :“Need for a Linguistic Policy | UPSC

Need for a Linguistic Policy | UPSC

Prashant Reddy
Need for a Linguistic Policy | UPSC

Prashant Reddy T. is a lawyer

      HEADLINES:

Making the language of the law comprehensible

      CENTRAL THEME:

The demand for greater availability of laws and public records in the 22 languages in the Schedule VIII is not a big ask

SYLLABUS COVERED: GS 2 : Schedules : Official Language

      MAINS QUESTION:

A language policy can serve 29 states, a taste of laws ,rules and regulations in the public domain with more ease and compatibility. Discuss -(GS 2)

      LEARNING: 

  • Recent litigations ( EIA 2020 )
  • Why Translation is important ?
  • A comparison with EU .

      INTRODUCTION: 

Two High Courts have asked the government to publish the notification in all 22 languages mentioned in Schedule VIII to the Constitution.

  • RECENT LITIGATION : The language of Draft EIA 2020  published has brought much needed attention to the issue of official languages used by the central government in its functioning.
  • THE TRIGGER : This debate has been litigation by citizens, who protested against the publication of the draft EIA notification in only English and Hindi.
  • POLICY EXCLUSION : It excludes large number of Indians who do not speak Hindi or English from participating in the public consultation process.
  • STATE’s RESPONSE : Arguing above statements the centre reacted that it is not required by the law to publish these notifications in the 22 languages mentioned in Schedule VIII.

      BODY: 

  • LEGAL UNCERTAINTY : One of the other reasons offered by the state to resist the translation is- “in the meaning of the words being obfuscated and often even lost”, thereby leading to greater legal uncertainty.
  • AUTHORITATIVE TEXTS : It creates a legal mechanism to recognise authoritative translations of all central laws into languages mentioned in the Schedule VIII to the Constitution of India.

The above law extends to rules and delegated legislation issued under central laws. 

  • TRANSLATIONS : The Legislative Department of the Law Ministry hosts these translations on its website.
  • COMMUNICATION : Separate from the question of accuracy of translations is the larger policy question is regarding communication with the public.

The Official Languages Act, 1963 requires the publication of the law in only English and Hindi.

  • EXCOMMUNICATION : De facto, State ends up excluding non-English and non-Hindi speaking citizens from the law-making process only because of their linguistic identity.

LANGUAGE POLITICS

  • POLITICAL BATH : This issue is yet to garner the political attention it deserves despite the fact that since Independence, language has been one of the main markers of political identity in India.
  • 56-DAY LONG FAST : The reorganisation of Indian States on linguistic lines in 1956 took place because of the agitations that followed the death of Potti Sreeramulu in 1952 for the Telugu State.
  • LANGUAGE CHAUVINISM : The rise and success parties such as the Dravida Munnetra Kazhagam and the Shiv Sena have been associated with linguistic pride, which sometimes can boil into language chauvinism against other linguistic minorities.

Language, therefore, is a powerful marker of political identity in India.

  • LANGUAGE POLICY : At the very least, an inclusive language policy must be integral to the law-making and enforcement process.
  • INCLUSIVE ACTIONS : This should include mandatorily publishing all parliamentary debates and associated records such as reports of parliamentary committees, the entire record of the Gazette of India, all legislation etc.
  • ACCESSIBILITY : Offices such as the passport office, UIDAI should allow citizens to get identity cards in languages other than English and Hindi.

TRANSLATIONS AS LEGAL RIGHT

  • COMPULSIONS : In many of the cases outlined above, it is reasonable to argue that citizens are not bound by laws that are not made available to them in their local language.
  • HARLA V. STATE OF RAJASTHAN, 1951 : The Supreme Court of India in the past has ruled that citizens are not bound by laws which have not been published and publicised.

Natural justice requires that before a law can become operative it must be promulgated or published. It must be broadcast in some recognisable way so that all men may know what it is.

      IASbhai Windup: 

IN THE EUROPEAN UNION

  • ATTAINABILITY OF LAW : The demand for greater availability of laws and public records in the 22 languages in the Schedule VIII is not a big ask.
  • MULTI-LINGUISTIC JURISDICTIONS  : In other multi-linguistic jurisdictions such as the European Union (EU), all EU-level official documents are made available in all 24 official languages of members .
  • RESPECTING LANGUAGES : EU has a policy in place to respect the linguistic diversity of its member nations.

It is not too late to put in place such a policy but this is unlikely to happen unless political parties such as the Dravida Munnetra Kazhagam make it a national issue .

       SOURCES:   THE HINDU EDITORIAL HUNT | Need for a Linguistic Policy | UPSC

 

TRENDING NOW : Important The Hindu Editorials 

If you liked this article, then please subscribe to our YouTube Channel for Daily Current Affairs , Editorial Analysis & Answer writing video tutorials. You can also find us on Twitter and Facebook.


Spread the love

You have successfully subscribed to the newsletter

There was an error while trying to send your request. Please try again.

IASbhai will use the information you provide on this form to be in touch with you and to provide updates and marketing.