Compulsory Teaching Of Kannada In CBSE/ICSE Schools 'Harsh, Draconian' : Plea In Karnataka High Court

A fourth standard student, studying in an Indian Certificate of Secondary Education (ICSE) affiliated school in Bengaluru, has approached the Karnataka High Court, to declare the Kannada Language Learning Act, 2018, which makes it compulsory for all the institutions in the State of Karnataka to introduce Kannada Language as compulsory subject, either as first or second language, from Standard I, II, III and IV, for the academic year 2020-21.

A single judge bench of Justice R Devadas today upon hearing the case issued notice to the respondents. The next date of hearing is after three weeks. The petition filed through advocate Suvidutt MS states the state government enacted the Kannada Language Learning Act, 2015, pursuant to a policy decision to ensure that Kannada Language is taught as one of the compulsory subjects to all students studying in Standards I to X in all Schools in the State. The Act is stated to have received the assent of the Hon'ble Governor of Karnataka on 29.04.2015.

Further, by way of the impugned Act, Kannada Language is to be taught as a compulsory language in all classes, in all schools in the State of Karnataka, either as a first language or as a second language. Further, under Section 3 of the impugned Act it is made compulsory for all the institutions in the State of Karnataka to introduce Kannada Language as compulsory, either as first or second language in Standard-I from the academic year 2015-16 and in Standard I and II in the academic year 2016-17 and in a phased manner to extended upto Xth Standard. Further, towards the same, the textbooks prescribed by the Respondent No. 1 are made compulsory.

Also, the petition states that the state government in furtherance to the powers under the impugned Act has framed Kannada Language Learning Rules, 2017. The Rules makes it compulsory to introduce Kannada as a compulsory subject either as a first or a second language from Standard I, II, III and IV for the academic year 2020-21.

The state government, to oversee the implementation of the impugned Act and impugned Rules has constituted a High Level Committee vide Government Order dated 22.01.2020. Pursuant to the Government Order dated 22.01.2020, circular dated 11.02.2020 came to be issued for the Committee to visit all the educational institutions in the State of Karnataka and inspect the implementation of the impugned Act and the impugned Rules. The Committee was further entrusted to take action and impose a penalty as prescribed under Section 128 of the Karnataka Education Act, 1983.

The plea states that the Principal of the educational institution where the petitioner is presently pursuing Standard IV, informed the guardians that, pursuant to the directives of the State Department of Education, Kannada will be taught as II language while other preferred languages will be continued as III language from the academic year 2020-2021 for the Grades 1, 2, 3, and 4.

It is said "People with transferable jobs will always opt for their children to study at the institutions that are either affiliated to CBSE or ICSE. The children in their tender years are prone to a complete sea of change in their curriculum and syllabus as they are exposed to studying in different parts of the country throughout their schooling. Bengaluru which is widely regarded as the "Silicon Valley of India" (or "IT capital of India") has people from different parts of the country on account of their job assignments. It is submitted that such a stay might be a temporary stay and are always prone to transfers. A child who will be made to study Kannada as a Second Language will be put through great hardship and would be at a disadvantageous position if being transferred to another State in the subsequent year."

It is pointed out that "The impugned Act is ex-facie harsh, draconian, discriminatory, and violative of the Constitution of India." It is added "The impugned Act does not satisfy the standard of reasonableness in present day India. The social setting of the country, the increasing needs of the nation, and the burning problems of the country do not merit the promulgation of the impugned Act. Moreover, The impugned Act is contrary to the vision and objective of the National Education Policy, 2020 which was approved by the Union Cabinet of India on 29.07.2020."

It is also claimed that "The impugned Act is in violation of not only Article 14, but also Articles 19 (1) (g), 21, and 301 of the Constitution of India."

The petition prays for:

To Declare the Kannada Language Learning Act, 2018 as unconstitutional, illegal and ultra vires insofar as it does not exempt institutions affiliated to CBSE/ ICSE.

Issue a writ of Mandamus to the respondent and its officials to forebear from implementing the Kannada Language Learning Act, 2015 insofar as the institutions affiliated to CBSE/ ICSE are concerned.

Grant any such other relief (s) or order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case and to award the cost of the petition, to meet the ends of justice.

By way of interim relief it has prayed that pending the disposal of the above Writ Petition, the court may stay the implementation of the Kannada Language Learning Act, 2015 insofar as students studying in the institutions excluded under Karnataka Education Act, are concerned.

 Case : Keertan Suresh(Minor) v. State of Karnataka and others | WP 17362/2021