Plea Challenges Mandatory Kannada Lessons In Schools: Karnataka High Court Allows Parents To Submit Student Details In Sealed Cover

The court had by its order dated 13-09-2023 directed the petitioners to provide details of their wards and details of the schools in which they are studying and the course pursued by them.

Senior Advocate Aditya Sondhi, representing the petitioners, raised concerns that some children had faced persecution in their schools for their involvement in the court case, impacting their right to privacy and right to be forgotten. He argued that "minor children don't want to be part of a court record."

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit initially disagreed with these apprehensions, stating that such concerns were unjustified and that children needed to face life's challenges.

“It is an unjustified apprehension, here they are raising purely academic and constitutional issues. If the children are so delicate then how will they face life in future? You are making your children timid. Unless the children face challenges in life, so many adversities in life. Life may not always be kind to you. Life may be cruel at a point in time, it may test everything of yours unless you make yourself competent enough to face challenges.”

Sondhi argued that privacy is a concern and that if these details become part of the court record and students apply for college in the future, it could be seen as their involvement in litigation, potentially affecting their reputation. This might lead to students facing problems in school, so a balance is necessary, it was argued. The sealed cover containing the information will be shared with the government advocate.

Following this the bench in its order recorded,

“The petitioners are providing necessary details of their wards and schools in which the wards are studying and courses pursued by them in a sealed envelope. The counsel submits that only to protect the privacy of the wards the petitioner is undertaking this exercise of providing information in a sealed cover. The counsel was fair in submitting before this court that information in sealed cover can be shared with government advocates for taking necessary instruction. Accordingly, sealed cover is produced giving details except of petitioners no 10,15,19,20.”

The plea centred around several enactments, including the Kannada Language Learning Act, 2015, Kannada Language Learning Rules, 2017, and Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022, which mandate the teaching of Kannada in schools.

The petitioners argue that these enactments negatively impact students' right to study languages of their choice and may harm their future academic and employment opportunities.

The petitioners emphasize their respect for the Kannada language and its heritage but object to the compulsory imposition of language teaching as mandated by these enactments. The plea seeks a declaration that certain rules are unconstitutional, specifically those that do not apply to CBSE and CISCE schools.

Reference is also made to coordinate bench order wherein the Union of India clarified that there is no scope for language imposition under the NEP 2020. Significantly, the GOs by which Kannada was sought to be imposed as a compulsory language in degree courses have been stayed by the Karnataka High Court.

In addition, the petitioners request that the state and its officials refrain from implementing the contested enactments against schools affiliated with CBSE and CISCE boards.

Although the petitioners sought interim relief, the bench deferred any interim orders until the State government filed its statement of objections.

The counsel for the petitioner prayed for 2 weeks time to provide information about other petitioners. List petition after 3 weeks for further consideration.”

Case Title: Somashekar C & Others And State of Karnataka & Others

Case No: WP 9574/2023