SC Upholds Right to Mother Tongue Education

Context

The recent judgment of the Supreme Court of India mandating the formulation of a policy on mother tongue education in the State of Rajasthan is a milestone in the constitutional and educational landscape of India.

Key Highlights

• The court concluded that it is a child’s right to be educated in his or her native tongue, and that this is an “existential right”.
• The finding was a result of a petition requesting recognition of Rajasthani as a local language for educational purposes and its inclusion in the primary education and examinations for teacher recruitment.

Context of the Case

• The petitioners demanded:
  • The Rajasthani language is to be included in the REET exams.
  • Incorporation of primary education in the dialects of Rajasthani.
• Rajasthan had put forward the contention that only languages mentioned in the Eighth Schedule of the Constitution should be used in an official capacity in government schools.
• Although widely spoken, Rajasthani is not given any recognition in the Eighth Schedule of the Constitution.
• The state’s technical defence was rejected by the Supreme Court, which described the reply as “lackadaisical”.

Constitutional Basis of Mother Tongue Education

• Article 350A

  • Requires the provision of sufficient facilities to teach in the mother tongue at the primary level.
  • The court acknowledged the existence of a linguistic minority group that speaks the Rajasthani language and its deservingness for constitutional protection.

• Article 21A – Right to Education

  • Ensures compulsory and free education.
  • The court understood this to mean the right to ‘meaningful and quality’ education.
  • It was believed that teaching in a language other than the native one would lead to a failure in understanding and learning.

• Article 19(1)(a) – Freedom of Speech and Expression

  • The court said language is a key element of identity and communication.
  • Education in an understandable language is included in the right to expression.

• Article 19 – Freedom of speech and expression

  • Rajasthan allowed Gujarati, Punjabi, Sindhi for schools but did not allow Rajasthani.
  • This is an arbitrary and discriminatory treatment, the court ruled.

Link with National Education Policy (NEP) 2020

• The judgment is quite consistent with the direction of the National Education Policy 2020, which states:
  • Instruction in the home or regional language, as far as Grade V and beyond to Grade VIII.
  • Increased use of local languages in early learning.
• The NEP states that children learn concepts in familiar languages and face less alienation.

Supreme Court’s Key Observations

• The court noted that:
  • There is a connection between language and dignity, identity, and participation in society.
  • The rights that are only on paper are of no value if they are not implemented.
  • Learning a new language hinders learning the basic skills.
• The court’s decision was also based on the 2014 Karnataka medium-of-instruction judgment, where it had recognised the right of parents to choose the medium of instruction.

Significance of the Judgment

• Educational Importance
  • Enhances conceptual knowledge and literacy skills.
  • Minimises student dropouts and out-of-classroom alienation.
• Cultural Importance
  • Preserves linguistic diversity and regional identities.
  • Continues the heritage of the native language and culture.
• Constitutional Importance
  • Enhances the rights of the language and inclusive education.
  • Amends the definition of basic rights.

Challenges Ahead

• Although the court ruling is progressive, there could be implementation challenges:
  • Lack of qualified teachers of regional languages.
  • Shortage of books and learning materials.
  • Administrative and financial constraints.
  • Discuss the issue of teaching the regional language and English.

Way Forward

• India should:
  • Build multilingual educational framework.
  • Provide local language instruction for teachers.
  • Digitise regional language content.
• Encourage balanced multilingualism: mother tongue and global language skills.
• States need to act on the NEP recommendations and maintain linguistic diversity.

Conclusion

• The Supreme Court’s decision is a significant move towards inclusive and equitable education in India. 
• The court’s affirmation of the right to mother tongue education in the context of dignity and expression and quality learning has echoed the constitutional vision of cultural diversity and educational justice. 
• The judgment also echoes the increasing role of regional languages in enhancing learning outcomes and national inclusiveness.

Source: The Indian Express

Mains PYQ

Q. National Education Policy 2020 is in conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient the education system in India. Critically examine the statement. (2020)

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