HC defers policy mandating Hindi as third language in Lakshadweep schools

The Kerala High Court on Wednesday (June 11) in an interim order deferred the implementation of a policy that mandated Hindi as the third language and excluding Mahal and Arabic as optional languages in schools in the union territory of Lakshadweep.

The new language policy was to be implemented in the islands’ schools from July 1.

Public interest plea

A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji passed the order on a public interest litigation moved by Ajas Akber, the president of the Lakshadweep unit of the National Students Union of India (NSUI).

Akber had asked the court to issue orders to the Lakshadweep administration to desist from removing Mahal and Arabic as optional languages under the three-language formula.

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The petitioner had argued that the decision was taken by the director of education without consultation with stakeholders and without conducting any study on its implications on the education system in Lakshadweep.

The petition contended that the education system in Lakshadweep for the past 70 years had the option of Arabic or Mahal as a third language, and that the Mahal language holds a distinct cultural identity in Minicoy Island.

‘Deep cultural significance’

The court, in its order, said that a language holds deep cultural significance, and any changes could have serious ramifications.

“The point emphasised by the petitioner, which prima facie, we find merit in, is that for the implementation of the (National Education) Policy in a particular area, there has to be an application of mind and a study of local conditions to determine what is best for the educational interests of the community, in order to achieve the objectives of the Policy. The Policy itself contemplates such an application of mind, noting that various factors are involved in the said decision. As contended by the learned counsel for the Petitioner, a language holds deep cultural significance, and any changes could have serious ramifications,” said the court.

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The court also pointed out that ordinarily it would not interfere in matters of education policy, especially with respect to the selection of languages in the curriculum.

However, the court said the order on the language was issued without conducting any study, and so its implementation is deferred.

“The position which has existed so far (in respect of CBSE and non-CBSE schools) in the Union Territory of Lakshadweep shall continue,” continued the court in its order.

Govt order

The Education Department of the union territory on May 14 had issued the order removing the two languages Arabic and Mahal under the 2023 National Curriculum Framework, which is part of the 2020 National Education Policy (NEP).

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According to the order, all schools in the island will offer Malayalam and English as the first and second languages, and Hindi will replace the local language Mahal and Arabic as the third language.

This had led to widespread protests on the islands.