Safeguards for the linguistic minorities

Chandigarh, 23^rd March, 2016: The safeguards for the linguistic minorities derive their authority from two sources:

• The Constitution of India.

• The Safeguards agreed to the national level from time to time.

1. CONSTITUTIONAL SAFEGUARDS FOR LINGUISTIC MINORITIES IN INDIA

1. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.

1. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

1)      Article 29: Protection of Interests of Minorities

2)      Article 30: Right of Minorities to Establish and Administer Educational Institutions

1. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
2. (1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under the clause.
3. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

3)      Article 347: Special Provision relating to Language Spoken by a Section of the Population of a State:

On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the that such language shall also be officially recognized throughout that state or any part thereof for such purpose as he may specify.

4)      Article 350: Language to be used in Representations for Redress of Grievances:

Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.

5)      Article 350 A: Facilities for instruction in Mother-Tongue at Primary stage:

It shall the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

6)      Article 350 B: Special Officer for Linguistic Minorities:

1. There shall be a Special Officer for linguistic minorities to be appointed by the President.
2. It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President, upon those matters at such intervals as the President may direct, and the President, upon those matters at such intervals as the President may House of Parliament, and sent to the Governments of the States concerned.

7)      The Articles of the Constitution Guaranteeing to Citizens Certain Fundamental Rights.

Equality before law (Article 14), prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15), and equality of opportunity in matters of public employment (Article 16) also operate as safeguards for linguistic minorities.

SAFEGUARDS FOR LINGUISTIC MINORITIES AGREED TO AT THE NATIONAL LEVEL

In addition to the Constitutional Safeguards, the detailed scheme for the practical implementation or safeguards has been worked out on the basis of decisions arrived at various Conferences:

• Education Ministers’ Conference, 1949
• Government of India Memorandum, 1956
• Southern Zonal Council Decisions, 1959
• Chief Ministers’ Conference, 1961
• Meeting of the Committee of Vice-Chairmen of Zonal Councils, 1961